The Charlie Kirk Show - January 27, 2022


Breyer, Black Women, and Biden's Racist Promise


Episode Stats


Length

33 minutes

Words per minute

178.38885

Word count

5,979

Sentence count

457

Harmful content

Misogyny

13

sentences flagged

Toxicity

11

sentences flagged

Hate speech

14

sentences flagged


Summary

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

Justice Breyer is resigning, and is affirmative action on its way out? We talk about that and more in a new episode of The Josh Hammer Show with the very smart Josh Hammer ( ) on today's show.

Transcript

Transcripts from "The Charlie Kirk Show" are sourced from the Knowledge Fight Interactive Search Tool. Explore them interactively here.
Misogyny classifications generated with MilaNLProc/bert-base-uncased-ear-misogyny .
Toxicity classifications generated with s-nlp/roberta_toxicity_classifier .
Hate speech classifications generated with facebook/roberta-hate-speech-dynabench-r4-target .
00:00:00.000 Hey everybody, it's Hammertime Josh Hammer from Newsweek.com joins the show.
00:00:05.000 Justice Breyer is resigning.
00:00:07.000 We talked about that and is affirmative action on its way out.
00:00:11.000 Super important conversation with the very smart Josh Hammer.
00:00:13.000 He has a new podcast.
00:00:14.000 Make sure you check it out, The Josh Hammer Show.
00:00:16.000 If you want to get involved with Turning Point USA, go to tpusa.com, where we play offense with a sense of urgency to win the American Culture War, tpusa.com.
00:00:24.000 Start a high school or a college chapter today at tpusa.com.
00:00:29.000 If you want to support our show, go to charliekirk.com/slash support.
00:00:32.000 Josh Hammer is here.
00:00:33.000 Buckle up. 0.96
00:00:34.000 Here we go.
00:00:34.000 Charlie, what you've done is incredible here.
00:00:36.000 Maybe Charlie Kirk is on the college campuses.
00:00:38.000 I want you to know we are lucky to have Charlie Kirk.
00:00:41.000 Charlie Kirk's running the White House, folks.
00:00:45.000 I want to thank Charlie.
00:00:46.000 He's an incredible guy.
00:00:47.000 His spirit, his love of this country.
00:00:49.000 He's done an amazing job building one of the most powerful youth organizations ever created.
00:00:54.000 Turning point USA. 0.65
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00:01:19.000 Who is Joe Biden going to nominate for Justice Breyers' soon-to-be vacancy?
00:01:29.000 Now, don't worry, CNN is on the case.
00:01:31.000 They have a roster of black women that they say need to be the new Supreme Court justices.
00:01:37.000 Now, this entire saga that's been unfolding the last 24 hours has been so interesting.
00:01:44.000 And it really does confirm what Andrew Breitbart said.
00:01:49.000 And you'll hear it at every Lincoln Reagan Day dinner.
00:01:51.000 You'll hear it amongst almost every grassroots conservative that is really engaged in the fight: politics flows downstream from culture.
00:01:58.000 And the cultural fight of the last couple of years is that diversity matters more than competency.
00:02:05.000 Diversity, equity, inclusion, or as we call it, diversity, inclusion, equity, die, is one of the pinnacles of the left-wing worldview, their domestic agenda.
00:02:19.000 Diversity for diversity's sake.
00:02:20.000 We must be racist today to try and fix the racism of yesterday.
00:02:26.000 That is Iber Max Kendi, otherwise known as Harry Rogers or Henry Rogers, whatever his name is.
00:02:31.000 Now, 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.
00:02:51.000 So Justice Breyer is resigning by the summer.
00:02:55.000 And 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.
00:03:17.000 It became a relay race of identity politics.
00:03:20.000 Now, they don't want you to know this, but there's already a black person on the U.S. Supreme Court.
00:03:27.000 That 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.
00:03:35.000 He's a constitutionalist.
00:03:39.000 But 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.
00:03:51.000 Listen to John King and his guest go through the roster of all the possible SCOTUS nominees.
00:03:57.000 Play Cut 79.
00:04:00.000 Here are some names that have been in the mix, and they're ones that will be familiar to you.
00:04:05.000 Topping 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.
00:04:16.000 It's a very prominent court.
00:04:18.000 Another woman would be Leandra Krueger on the California Supreme Court. 1.00
00:04:23.000 She's someone else who's highly credentialed, who would be in the mix.
00:04:26.000 Judge 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.
00:04:37.000 Chief Justice John Roberts, Clarence Thomas, Anthony Scalia, Ruth Bader Ginsburg, they all came from that court.
00:04:45.000 And 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.
00:04:55.000 That is the position of this show, that race means nothing.
00:04:59.000 They care about race.
00:05:00.000 We care about things that actually matter.
00:05:02.000 Remember when Joe Biden said Cut 78, I'm going to nominate a black woman to the Supreme Court. 1.00
00:05:07.000 No, who cares if they're qualified?
00:05:08.000 Who cares if they actually know what they're doing?
00:05:11.000 No, I care about skin color.
00:05:12.000 Cut 78.
00:05:14.000 I 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.
00:05:22.000 My cabinet, my administration will look like the country.
00:05:27.000 Well, if it looks like the country, how about we get some more Protestants on the U.S. Supreme Court? 0.97
00:05:31.000 I don't think we have any, right, Connor?
00:05:33.000 No?
00:05:34.000 I don't think there's any?
00:05:35.000 Nope.
00:05:38.000 Now, they don't want to talk about how Clarence Thomas is a black man on the court.
00:05:43.000 They conveniently avoid that.
00:05:45.000 And they're trying to intentionally pander to a constituency that is the base of the Democrat Party, which is black women. 0.99
00:05:54.000 Is this the country you want to live in?
00:05:57.000 Well, it's the one that's already been created.
00:05:59.000 It 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.
00:06:12.000 You 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.
00:06:21.000 We, as black people, are not able to get as much opportunity because of systemic racism in the country.
00:06:27.000 And now at the U.S. Supreme Court, they're not even hiding it anymore.
00:06:31.000 They're now saying that, look, competency, whatever.
00:06:33.000 CNN just puts up seven black women on screen. 1.00
00:06:38.000 CNN says, well, these are our choices.
00:06:42.000 How is that not discrimination against other people that are not born that way? 0.98
00:06:46.000 Here's the question: Do you want to have a preference on things that people can change or things they cannot change?
00:06:56.000 But for the left and for the Democrats, they want to re-tribalize American society.
00:07:02.000 America worked. 0.74
00:07:05.000 America was strong the less tribal we became.
00:07:12.000 The 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.
00:07:23.000 Cut 77, CNN on how minorities are victims, told by a black woman who went to private school and then Princeton, play cut 77.
00:07:31.000 I mean, it is a history-making moment.
00:07:33.000 It will change the way the court looks.
00:07:37.000 And 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.
00:07:50.000 This is a really important moment.
00:07:53.000 Never 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.
00:08:04.000 I brought with myself the entirety of being a black woman, the lived experience of what that's like in a country like this.
00:08:11.000 And 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.
00:08:28.000 The oppressed black woman who went to Princeton.
00:08:31.000 I feel so bad for you.
00:08:32.000 I'm sure affirmative action had nothing to do with it.
00:08:34.000 Totally qualified, obviously got in there.
00:08:36.000 I checked my identity at the door. 1.00
00:08:38.000 All you have is your identity because you're too stupid to know anything else. 1.00
00:08:42.000 And it creates a society that all of a sudden becomes really harsh to one another. 1.00
00:08:49.000 It creates a meaner society.
00:08:52.000 So you have a vacancy on the Supreme Court.
00:08:54.000 I would rather have the Democrats be like, look, we just want someone super radical that hates the Constitution.
00:09:01.000 Like, okay, that's an idea.
00:09:04.000 It can change.
00:09:05.000 It says, like, you know what?
00:09:08.000 What really matters is the skin color. 0.61
00:09:11.000 What matters is the melanin content.
00:09:17.000 We have to get the country back that once existed, everybody.
00:09:20.000 This 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.
00:09:33.000 You see the freight train coming, whatever you might want to call it.
00:09:37.000 But 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.
00:09:54.000 And don't blacks find this super insulting, by the way.
00:09:56.000 I love that one guest where she says, this needs to be payback for the blacks that got Biden into office. 0.97
00:10:02.000 Like, really?
00:10:03.000 This 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? 1.00
00:10:13.000 I suppose so. 1.00
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00:11:14.000 Do it right now.
00:11:18.000 When we are looking to select people for positions that matter, what should the criteria be?
00:11:24.000 Now, it's tempting because of the onslaught of the propaganda to want to make allowances for ancestral or intergenerational justice.
00:11:36.000 It's tempting to want to do that, especially if you're a simple-minded person that doesn't think deeply about things.
00:11:42.000 But most people, they have a heart, they have compassion.
00:11:46.000 Most 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.
00:12:03.000 Most people view history and view their time right now, especially upper white middle class voters, and they say, well, what's the big deal?
00:12:14.000 Affirmative action.
00:12:16.000 What's the big deal kind of making allowances for certain people that might be more disadvantaged?
00:12:23.000 Now, it has been proven time and time again by Thomas Sowell and others, people that do actual clinical research.
00:12:29.000 It's not the skin color that determines whether or not someone is disadvantaged or not.
00:12:34.000 It's not how you look.
00:12:35.000 It's the choices that you make.
00:12:36.000 And 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. 0.85
00:12:58.000 Those things matter infinitely more.
00:13:00.000 In fact, they matter the only things that matter more than skin color. 0.87
00:13:05.000 And it's tempting for certain upper middle class white people to go play the kind of role of white savior.
00:13:12.000 I'm going to be the white person that puts a black woman on the U.S. Supreme Court. 0.99
00:13:16.000 And it's actually really insulting to black people. 0.90
00:13:20.000 And it's insulting for a variety of reasons.
00:13:24.000 But 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.
00:13:35.000 So let me talk about Clarence Thomas.
00:13:38.000 Clarence Thomas is one of the smartest justices on the U.S. Supreme Court in the history of our country.
00:13:46.000 He has unparalleled legal wisdom, capacity for interpretation.
00:13:52.000 No one questions Clarence Thomas' ability to think, to write, and to hear cases.
00:13:59.000 No one.
00:14:00.000 We already know United Airlines is hiring pilots.
00:14:04.000 They're trying to have 50% of their new pilots be black pilots. 0.87
00:14:08.000 We know the American Medical Association is now saying we need to hire more black doctors.
00:14:08.000 We know that.
00:14:15.000 Now, affirmative action is all fun in games. 0.99
00:14:18.000 It'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?
00:14:42.000 It's all fun in games until you have to go in and get heart surgery.
00:14:46.000 And you look at your heart surgeon and you say, is that guy there because he's good?
00:14:50.000 Because he's excellent?
00:14:52.000 Because he knows what he's doing?
00:14:54.000 Or is he there because he fits some sort of diversity, equity, inclusion box?
00:15:02.000 You could only have one or the other.
00:15:04.000 So you have to choose.
00:15:06.000 You only have one.
00:15:07.000 Society goes into one of two buckets.
00:15:12.000 You 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.
00:15:28.000 You have to choose.
00:15:30.000 And you actually look at it.
00:15:32.000 Why was the South significantly poorer than the North?
00:15:36.000 Why was the Confederacy so poor?
00:15:38.000 Racist societies, which is what the left is doing, actually have difficult times creating vibrant markets.
00:15:45.000 You keep people down.
00:15:47.000 You're unable to unleash the capacity and the potential of the individual.
00:15:54.000 Where the North was, they protected private property rights.
00:15:58.000 They allowed freedom of movement and commerce, and they were the industrial capital of the Western Hemisphere.
00:16:04.000 So you can have one or the other.
00:16:06.000 You 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.
00:16:30.000 You have to choose one or the other.
00:16:33.000 And 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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00:17:47.000 All right, everybody, welcome to the show.
00:17:49.000 Josh Hammer, opinion editor of Newsweek, newsweek.com.
00:17:52.000 Josh, how are you doing?
00:17:53.000 I'm doing well, Charlie.
00:17:54.000 Good to see you.
00:17:55.000 So you are a legal expert.
00:17:57.000 I think that's fair to say.
00:17:58.000 What do you make of this vacancy coming up this summer?
00:18:01.000 So the first thing is that it's not surprising at all, right?
00:18:04.000 I mean, the only question was when the announcement was going to come.
00:18:07.000 Stephen Breyer has, he's been in partisan Democrat his entire life.
00:18:10.000 He's worked in Article 1.
00:18:11.000 He has worked in Congress.
00:18:12.000 He has worked in Article 2.
00:18:13.000 He's worked for Democratic Administration.
00:18:15.000 And he's obviously worked in Article 3 as a Supreme Court justice for the past three decades.
00:18:19.000 So he is a Democrat to his core.
00:18:21.000 He 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.
00:18:32.000 So we knew that this was coming.
00:18:34.000 It's a 50-50 Senate.
00:18:35.000 Obviously, Republicans seem well poised to retake it this fall.
00:18:38.000 So this was the time for him to do it.
00:18:40.000 You know, so look, I mean, it's not going to reshape the core for a generation or anything, right?
00:18:44.000 I mean, it's going to be a Democrat who will replace a Democrat.
00:18:47.000 That's basically what's going on here.
00:18:48.000 They'll get someone younger, probably more liberal overall, probably, right?
00:18:53.000 But I mean, it's not like a huge deal.
00:18:55.000 It's not like a game-changing situation.
00:18:57.000 This is, it's a far cry removed from Amy Coney Barrow replacing Ruth Bader Ginsburg, if that makes sense.
00:19:01.000 Yeah, it does.
00:19:02.000 So what do you make of kind of this narrative of just we have to put people on the court based on their skin color?
00:19:09.000 What do you make of that?
00:19:11.000 So this is evil.
00:19:12.000 Okay.
00:19:12.000 I mean, like literally the word that I use to describe this is evil.
00:19:14.000 I'm actually writing my column on this today.
00:19:16.000 This gets me pretty fired up, to be honest with you.
00:19:18.000 So earlier this week, I was out in Missouri.
00:19:21.000 I gave two talks in Missouri in Jefferson City at the state capitol and then at Columbia, Missouri at the university there.
00:19:21.000 I was speaking.
00:19:27.000 And I was talking about critical race theory and kind of race and education both times.
00:19:31.000 And 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.
00:19:38.000 And by the way, we got thrown into the cauldron here, got thrown to the equation.
00:19:41.000 The fact that the Supreme Court on Monday granted cert.
00:19:44.000 So they finally, after weeks and months and months of kind of delaying, agreed to hear the Harvard and UNC Chapel Hill affirmative action cases.
00:19:52.000 So affirmative action is now on the chopping block.
00:19:55.000 I'm actually unusually optimistic.
00:19:56.000 We're actually going to get rid of that.
00:19:58.000 Maybe we'll get to that a little later.
00:19:59.000 But 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.
00:20:13.000 Obviously, equality goes back to the Declaration of Independence is kind of the foundational bedrock that this country is built upon.
00:20:19.000 And 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.
00:20:31.000 It's farcical and it's honestly evil.
00:20:33.000 I mean, what kind of message does it send to like a young white, Hispanic, Asian, young liberal woman? 0.99
00:20:40.000 Like she is going up through law school.
00:20:41.000 She's a young lawyer.
00:20:42.000 She 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. 1.00
00:20:51.000 It's really evil stuff, honestly.
00:20:53.000 Yeah, 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.
00:21:04.000 And yet we know they really don't believe it.
00:21:06.000 We 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. 0.99
00:21:23.000 Like, yeah, yeah, I'm all for affirmative action as long as the Schumers get into Princeton. 1.00
00:21:27.000 So then they don't actually believe it, right?
00:21:30.000 But so what do we make of just kind of this widespread acceptance of CRT critical legal theory and now at the highest levels?
00:21:41.000 I mean, it's not some like bizarre theory at University of Missouri, right?
00:21:45.000 It's not just like 50 activists raising their fists that are like 19 years old at a college, like, yeah, okay, sit down.
00:21:53.000 You know, you go to Wellesley, whatever.
00:21:55.000 No, this is the Supreme Court.
00:21:56.000 How did that happen?
00:21:58.000 Charlie, I don't really know, honestly.
00:21:59.000 I mean, look, obviously, it goes back last year, I guess, two years ago now.
00:22:02.000 It's the year 2022 already.
00:22:03.000 Wow.
00:22:03.000 I mean, you know, it goes back, obviously, a lot of this to the immediate aftermath of the death of St. George Floyd.
00:22:09.000 Right.
00:22:10.000 In Minnesota and the 1619 riots and America's kind of race conscious realization.
00:22:10.000 Yeah, exactly.
00:22:16.000 And that really seems to have been the accelerating event, as far as I can tell.
00:22:20.000 I mean, you know, critical race theory definitely was taught, obviously, in K through 12.
00:22:25.000 It was taught in colleges.
00:22:26.000 It was taught in various law schools.
00:22:29.000 I mean, critical theory has been a part of kind of like the Harvard law school curriculum for decades and decades.
00:22:33.000 So to an extent, it's not new, but it definitely accelerated.
00:22:36.000 I 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.
00:22:47.000 But where we go from here is kind of the million dollar question.
00:22:50.000 My 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.
00:23:02.000 Because here is the issue.
00:23:03.000 As 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.
00:23:18.000 Let's, you know, I'm not necessarily like running political campaigns.
00:23:20.000 I'm not a political consultant here.
00:23:22.000 But 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.
00:23:31.000 Because again, we're not just talking about conservatives, not just talking about like white men.
00:23:34.000 We're talking here about female Hispanics, female Asians. 1.00
00:23:38.000 There are so many people who should be just totally offended and aggrieved by this ridiculous sentiment here.
00:23:43.000 So as a possible 2022 midterm campaign issue, I actually think the Biden administration is potentially doing the Republican Party a favor.
00:23:52.000 Obviously, the GOP is notoriously reluctant to kind of wade in on these issues.
00:23:56.000 So 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.
00:24:03.000 Yeah, they never miss an opportunity to miss an opportunity.
00:24:06.000 I agree completely.
00:24:07.000 I think opposing the woke is the gift to the Republican Party.
00:24:11.000 The Soviet Union used to be, where all they had to talk about is how much they hated the Soviet Union.
00:24:14.000 They won every election for like 10 years.
00:24:17.000 And 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.
00:24:23.000 But the same sort of thing, which is like, we don't like the wokeies.
00:24:26.000 They're destroying the country.
00:24:28.000 They're infecting every institution.
00:24:30.000 And we have to do something about it.
00:24:31.000 Let 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.
00:24:46.000 Do you think the VP can?
00:24:49.000 So there's nothing in the constitutional text, as I read it, that would preclude her from doing so.
00:24:55.000 I have not seen that argument made.
00:24:57.000 I mean, it feels a little icky, okay, admittedly.
00:25:00.000 It doesn't feel good, but it's a basic matter of like interpreting the document.
00:25:03.000 There's nothing there that seems to me that would preclude her from doing so.
00:25:06.000 I do predict that she will not have to do so.
00:25:09.000 Republicans in general tend not to be as hardline or as ruthless on judicial nomination fights as Democrats do.
00:25:15.000 I mean, to be clear, I'm not saying Republicans should be.
00:25:18.000 We should not be doing to their nominees what they did to Bob Bohr, Clarence Thomas, Brett Kappin.
00:25:22.000 This is evil, vile, like civilization-destroying stuff.
00:25:26.000 And Republicans should not stoop to that ridiculously low level.
00:25:29.000 But in general, you know, like Lindsey Graham, Mitt Romney, there are any number of Republican senators who historically have voted with many Democratic nominees.
00:25:37.000 And, you know, the leading contender right now is probably Katanji Brown Jackson from the U.S. Corps of Appeals for the D.C. Circuit.
00:25:43.000 I think she's, you know, she's probably like a 60 to 70% frontrunner. 0.94
00:25:47.000 So not a lot, but that seems to be kind of the early kind of favorite right out of the gate.
00:25:51.000 And she was confirmed in pretty bipartisan form to the D.C. circuit.
00:25:55.000 So I do predict the nominee will probably get around like 55 votes overall.
00:26:00.000 So I hope you're wrong.
00:26:01.000 I'll be honest, Josh.
00:26:02.000 I don't think we should smear.
00:26:04.000 I agree with that.
00:26:04.000 I don't think we should lie, but I think we should go scorched earth.
00:26:07.000 I think any Republican that votes for the nominee should leave the Republican Party immediately.
00:26:11.000 I think the lines need to be drawn.
00:26:14.000 I think we need to say that.
00:26:15.000 Collins, Murkowski, all these people, you want primaries.
00:26:18.000 Murkowski already has one.
00:26:20.000 Be careful voting for this nominee.
00:26:21.000 I mean, the country's on fire.
00:26:22.000 Let's go give Nero his justice.
00:26:24.000 Like, yeah, that's a good idea.
00:26:26.000 You know, let's go give the guy who's burning everything some sort of arsonist.
00:26:30.000 So I don't know if I agree, to be honest, because I think we should, I don't think we should be unfair.
00:26:34.000 I don't think we should do what they did as far as the character assassination, but I don't think we should give an inch.
00:26:40.000 I don't think we should give them quorum.
00:26:41.000 I don't think we should participate in hearings.
00:26:43.000 Give them a taste of their own medicine.
00:26:45.000 Oh, I agree with all this, Charlie, for sure.
00:26:47.000 I'm just saying, like, we should not be literally calling people serial rapists unlike that.
00:26:52.000 That goes without saying we shouldn't lie.
00:26:54.000 That's never.
00:26:55.000 But 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.
00:27:03.000 And if that's the new rules of engagement, right?
00:27:04.000 If 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?
00:27:14.000 Some people say, well, Charlie, don't you want to be the bigger person?
00:27:16.000 Like, actually, no, I don't.
00:27:17.000 I want to win.
00:27:18.000 So, and the country's on fire.
00:27:20.000 So it's that simple.
00:27:21.000 30 seconds, then we have a break.
00:27:23.000 No, it totally is that simple.
00:27:25.000 I mean, like, no one wins a gunfight by bringing a knife, obviously.
00:27:28.000 No one wins a bazooka fight by winning a handgun.
00:27:30.000 Republicans historically have no idea how to actually fight.
00:27:33.000 I mean, Charlie, when you know, when UI and Sorat recorded our conversation at Turning Point last year, we had an amazing conversation about how the right needs to fight the culture war with the aim of victory, not with the aim of détente, not with the aim of live and let live, but with the aim of actually claiming victory and reaping the spoils of that victory.
00:27:50.000 So could not be more on the same page there.
00:27:52.000 So we'll see.
00:27:53.000 I mean, like, let's see what happens in the editorial committee.
00:27:56.000 We'll see.
00:27:57.000 But I, if boy, if Lindsey Graham votes for this radical, that'll be interesting. 0.73
00:28:01.000 Josh, what's going on with affirmative action?
00:28:04.000 Is it finally going to be properly challenged?
00:28:07.000 So this is a rare issue.
00:28:08.000 I mean, you know, I'm a lawyer by training, obviously.
00:28:11.000 I've kind of come up through the ranks of legal and judicial commentary.
00:28:13.000 I think my reputation is something of kind of a Jeremiah. 0.62
00:28:16.000 I'm something of a prophet of lamentation on all things judicial branch related.
00:28:20.000 This is a rare issue that I'm actually unusually optimistic on.
00:28:25.000 So the court, they finally agreed to hear a direct challenge to the horrific affirmative action regime in 79 stage.
00:28:34.000 Right.
00:28:34.000 So 778 was the Baki case and then going back to the.
00:28:37.000 And that hasn't been overturned.
00:28:38.000 Sorry to interrupt, right?
00:28:39.000 That has been kind of precedent.
00:28:41.000 What's the Latin word for that?
00:28:43.000 Star decisive.
00:28:44.000 Thank you.
00:28:45.000 Yes.
00:28:46.000 Yeah.
00:28:46.000 So Baki is like still, you know, lawyers would call it quote unquote good law.
00:28:49.000 I 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.
00:28:59.000 So affirmative action to this day, and let's just call affirmative action what it is.
00:29:02.000 Okay, your listeners don't need to hear this, but it is systemic government enshrined racism.
00:29:07.000 That is literally what affirmative action is.
00:29:09.000 And, 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.
00:29:23.000 And 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. 0.98
00:29:41.000 It's disgusting stuff. 0.61
00:29:42.000 Harvard is expressly doing race-based admissions.
00:29:47.000 So 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.
00:29:54.000 And that's important legally speaking because the latter obviously is a public school.
00:29:58.000 So therefore, it's unequivocally subject to the 14th Amendment and the Constitution, holding aside Title VI and statutory law.
00:30:05.000 So the question is: is this kosher?
00:30:08.000 Is this constitutional?
00:30:09.000 And the obvious answer is, of course, not here.
00:30:12.000 But 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.
00:30:28.000 In fact, you can go back to the 2007 case, parents involved.
00:30:32.000 Probably 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.
00:30:46.000 It sounds like a refutation of Eber Max Kennedy.
00:30:49.000 Henry or Harry Rogers, Connor, can't remember his name.
00:30:52.000 Whatever.
00:30:52.000 Henry?
00:30:53.000 All right, Henry.
00:30:54.000 I've not screwed up.
00:30:55.000 No, it's Henry.
00:30:56.000 So we have two minutes.
00:30:58.000 That's really interesting, Josh.
00:30:59.000 I totally agree.
00:31:00.000 I've never liked affirmative action.
00:31:02.000 It has been the institutional systemic racism against white people and Asians.
00:31:05.000 It's just the way it is.
00:31:06.000 And also Jewish people, by the way, which is been disenfranchised a community that allegedly the left says they represent.
00:31:17.000 Different issue for a different time, right?
00:31:18.000 So we have two minutes remaining.
00:31:20.000 Walk us through the likelihood.
00:31:22.000 Have they heard oral arguments?
00:31:24.000 Who's arguing for who?
00:31:25.000 Is the Biden Justice Department going to be representing?
00:31:28.000 Who's going to be the, is the Solicitor General going to come back and lose again?
00:31:31.000 Tell me what's going on.
00:31:33.000 So, Students for Fair Admission is the actual plaintiff that is suing Harvard.
00:31:38.000 Now, 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.
00:31:46.000 Kind of a personal aside here, all this is public.
00:31:48.000 This is not private information.
00:31:49.000 I'm actually, I've been a plaintiff for the past three years, suing the state bar of Texas on a First Amendment lawsuit.
00:31:56.000 Different conversation for a different day, but Constable McCarthy is also my, they are my lawyers in that case as well.
00:32:02.000 So, they do great kind of impact conservative litigation.
00:32:04.000 So, Will Constable, the name partner there, will probably, if I had to guess, be the one to actually argue this before the Supreme Court.
00:32:11.000 You know, it'll be a monumental day.
00:32:12.000 I mean, Charlie, I will tell you, I have dear friends.
00:32:16.000 I have one friend who's down in Austin, Texas, a brilliant kind of Harvard law alum, Asian guy named Corey Liu.
00:32:23.000 Corey literally views this case as the Brown v board for Asian Americans.
00:32:27.000 Wow.
00:32:28.000 It is a foundational civil rights struggle for Asian Americans, Jews, and honestly, like for white people, just for white Christians too, obviously.
00:32:36.000 No, that's exactly right.
00:32:37.000 And we shouldn't have to racialize, but it's what it is, right?
00:32:39.000 You look at the numbers.
00:32:40.000 And 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.
00:32:50.000 I don't want to live in that country.
00:32:51.000 You don't either.
00:32:51.000 The Josh Hammershow, newsweek.com, that's so interesting.
00:32:54.000 I want to have you back on Josh.
00:32:55.000 I want to keep eyes on this affirmative action thing.
00:32:57.000 We represent a lot of colleges.
00:32:58.000 I know so many young white kids that don't get into certain schools and stuff because of the color of their skin, Asians as well.
00:33:05.000 I think it's a really important decision.
00:33:06.000 And that's an interesting comparison: Brown versus the board.
00:33:09.000 Thank you so much, Josh.
00:33:10.000 The Josh Hammershow, newsweek.com.
00:33:12.000 Check it out.
00:33:13.000 I think you guys will really be blessed by it.
00:33:15.000 Thank you so much for listening, everybody.
00:33:16.000 Email us your thoughts as always, freedom at charliekirk.com.
00:33:19.000 If you want to support our show, go to charliekirk.com/slash support.
00:33:23.000 Thank you so much for listening, everybody.
00:33:24.000 God bless.
00:33:27.000 For more on many of these stories and news you can trust, go to CharlieKirk.com.