00:00:07.000We're first joined by Drew Hernandez, Frontlines Outside of SCOTUS, Supreme Court of the United States, then Lila Rose from Live Action and Josh Hammer.
00:00:15.000We tell you what has happened and what still needs to happen in the fight for life.
00:00:19.000Regardless of your views on abortion, you can agree that judicial activism is wrong and should not occur.
00:00:25.000Email me your thoughts as always, freedom at charliekirk.com.
00:00:28.000Subscribe to the Charlie Kirk Show podcast by opening up your podcast app and typing in Charlie Kirk Show and subscribing in the upper right-hand corner.
00:00:36.000Thank you for those of you that have subscribed and you're not yet subscribed.
00:02:13.000We will not embrace the ideas that have destroyed countries, destroyed lives, and we are going to fight for freedom on campuses across the country.
00:03:24.000It was imposing new law without using the proper constitutional channels to do so.
00:03:30.000But today, as we look at the repeal of Roe versus Wade, the overturning of Roe versus Wade, there is a deeper point that I want to make with you here that you're not going to hear on cable television.
00:03:41.000The deeper point is this: anything we want to do is possible.
00:04:49.000Every single person that told us that this issue was an untouchable issue are now the ones that are looking and they're saying, well, I never thought this would happen.
00:05:04.000And the lesson from this is, yes, to celebrate the millions of people that will now be able to live thanks to the repealing of Roe versus Wade.
00:05:40.000He's lived a terrible life when in reality, Donald Trump, who's definitely lived a colorful life, a full life, has done more for the unborn than most pastors have ever done.
00:05:53.000Went down the golden escalator, did what he said he was going to do, gave us Gorsuch, Kavanaugh, and Amy Coney Barrett.
00:05:58.000Now millions of people will live because of that.
00:06:12.000But so many Christians and conservatives said, oh, I don't like Trump's tone.
00:06:17.000We might not like his tone, but what a shallow and silly argument that was.
00:06:24.000There's a lot of takeaways from this, but the biggest one that I want to kind of start our conversation today with as we have amazing experts and guests is we can do hard things.
00:06:37.000We can do things that the media and the activists and the industrial complex tells us is impossible.
00:06:45.000We need to shatter our preconceptions.
00:06:48.000We need to reconsider our premise and we need to think bigger because if Roe versus Wade is now repealed, anything is possible.
00:07:25.000I will go through why we are pro-life on this show.
00:07:27.000But regardless of your opinions on abortion, it is a fact that Roe versus Wade was the worst of judicial activism, was the worst of the Warren and the Burger Court converging together to give us a ruling that overturned states' rights, that obliterated the 10th Amendment, and interfered with the ability for states to be able to protect the unborn.
00:07:55.000We have someone right on the front lines that is doing incredible work.
00:08:01.000He literally hosts a show at Turning Point USA for us called Front Lines with Drew Hernandez, and his clips right now are going viral.
00:08:07.000He's right now at the Supreme Court to give us a live reaction of now, as again, in case you missed the news, Roe versus Wade is repealed.
00:08:42.000But first, I want to get to Drew Hernandez.
00:08:44.000He's right outside of the Supreme Court building.
00:08:46.000Please excuse the background noise, but it's important we hear from Drew.
00:08:50.000Drew, what is the vibe on the ground right now?
00:08:52.000You're right outside of the U.S. Supreme Court.
00:08:54.000Well, Charlie, this is a historic moment in the United States of America worldwide, the overturning of Roe v. Wade.
00:09:00.000We were able to capture both sides, both reactions in real time here on the ground when it was really announced the second it was announced.
00:09:10.000On the pro-life side, there were obvious cheers, jubilation, people just celebrating because of this historic overturning to save the lives of babies.
00:09:18.000Even though it'll go back down to the states, it's still moved forward.
00:09:21.000It's still moved forward for the pro-life movement and for the pro-baby movement.
00:09:26.000But then the other side immediately was triggered and erupted into tears, were crying, calling the court illegitimate right in front of the Supreme Court.
00:09:36.000And just moments ago, I don't know if you've seen the video, Charlie, I just put it up maybe about five minutes ago.
00:09:41.000Congresswoman AOC did come out here and joined the pro-abortion protesters and was literally accusing the Supreme Court's decision and the Supreme Court of being illegitimate themselves, a sitting U.S. Congresswoman out here doing that and calling for people to take to the streets.
00:09:56.000That clip is going viral right now on Twitter, but this is, we're going to see what happens, Charlie.
00:10:00.000I know you and I have been talking about for the past week and a half, I mean, for a while now, that we're going to see probably some violence tonight.
00:10:07.000We know that James Revenge has been threatening a night of rage, a night of violence the night a decision like this was to be made.
00:10:14.000Some Antifa accounts on Twitter have already been announcing they're going to be here tonight in front of the Supreme Court at 5 p.m.
00:10:19.000But I wouldn't even only have eyes on DC.
00:10:22.000I would have eyes on Los Angeles, Seattle, Portland, New York, across the United States, because like I said, this is huge.
00:10:29.000Not only has America been watching Charlie, but the world has been watching.
00:10:32.000Yeah, so Drew, talk a little bit about that.
00:10:33.000First of all, we hope you remain safe and we pray that there's no violence and we pray there's nothing.
00:10:38.000But are you seeing any inklings of that?
00:10:39.000You said Antifa is going to be there in just a couple hours.
00:10:41.000I mean, this is a shot heard around the world.
00:10:43.000I pray we don't have Riots 2.0, but my fear is Seattle starts to burn or Portland starts to burn or New York, and then it's just going to kind of spiral out of control.
00:10:52.000You covered the BLM Floyd riots better than almost anybody else.
00:10:56.000Are you seeing similar type of language?
00:10:58.000Are you seeing a kind of mob that could potentially get out of control?
00:11:01.000Well, as of right now, it's just protesting.
00:11:03.000Obviously, people on the pro-choice, pro-abortion side are pissed off for obvious reasons.
00:11:07.000We haven't seen any violence yet, but we know, according to James Revenge and Antifa, they have been promoting a night of rage for the night of this decision.
00:11:16.000We're obviously not there yet, but we're going to stay on this and we're going to see.
00:11:19.000I'll be first on the scene to cover that.
00:11:22.000If it does become right behavior, if it does become mass illegal, just riots in the streets.
00:11:27.000But here's the thing, Charlie, is this is quote unquote the new normal.
00:11:30.000Post-2020, I covered those race riots and it was the same playbook.
00:11:36.000They had a political agenda on the far left.
00:11:38.000The politicians took the streets, just like literally like AOC did today, calling for people to hit the streets, accusing the government of being illegitimate.
00:11:45.000So we're going to see if that playbook unfolds again here in 2022, with now the current issue being their right to murder babies.
00:11:54.000This is from the Department of Homeland Security.
00:11:56.000The Department of Homeland Security has shared intelligence right now with the Catholic Church about a planned night of rage that has been threatened to be unleashed by pro-abortion groups if Roe versus Wade is overturned by the Supreme Court.
00:12:10.000So if anyone listening right now is a Christian, more specifically part of the Catholic faith, which I am not, but I have great respect and great friends that are Catholic.
00:12:20.000Just be very careful and make sure you have proper security precautions.
00:12:23.000And Drew, I know you're going to be there all tonight and that you are going to be looking in great detail about what's happening here.
00:12:33.000In closing, kind of just this moment as we see it, Drew, can you just reinforce, and I sent a little text to our thread this morning, how this is kind of shattering a lot of the small thinking conservatism.
00:12:46.000You and I are both pro-life, but the broader point is we can do big and hard and impossible things.
00:12:51.000You know, 10 years ago, I wouldn't have, many people would have thought this was possible.
00:13:16.000We need to continue to go on office, legislatively, push back on these people because they're evil, they're twisted, they're demonic, they're satanic, and there are ways of pushing back.
00:13:25.000And it just comes down as simple as being courageous enough to just do it.
00:13:30.000Even in the face of threats, even though the Supreme Court was threatened with the leak and they showed up to literally their houses, I heard that too.
00:13:37.000They're still showing up in front of the justices' houses.
00:16:02.000They're turning it into an abortion issue, which is fine.
00:16:05.000I don't necessarily disagree with this, but this is the first step in what I believe is a constitutional reset.
00:16:13.000Today, the majority of children have been exposed to pornography by age 11.
00:16:16.000Even though most of it is accidental, this exposure can have a disastrous consequence for their mental health and future well-being.
00:16:22.000If you want to protect your child and set them up with a healthy relationship, you need Canopy.
00:16:26.000Canopy is the most effective technology on the planet for blocking pornography.
00:16:30.000Canopy's app uses artificial intelligence to identify and filter explicit content on every website.
00:16:35.000It could be done so in milliseconds and is 99.9% accurate.
00:16:38.000While other apps block entire pages, Canopy is the only tool that filters within websites, plucking out explicit images and videos before they appear.
00:16:45.000Its image scanning technology also prevents users from taking and sending not-so-good things.
00:16:50.000The internet is awash in pornography, but your kids don't have to see it.
00:17:23.000The people are using very charged language.
00:17:25.000In fact, let me read one of the tweets of somebody outside of the Supreme Court right now.
00:17:30.000One of the speakers with a megaphone also called for an uprising similar for the one in 2020 in the wake of George Floyd's death.
00:17:37.000Any sort of mainstream media sympathy that these activists might be getting, I think is going to shatter as soon as they continue to use language like this.
00:17:46.000But from a legal analysis, we have the great Josh Hammer, Newsweek opinion editor and a constitutional expert to just walk us through what exactly this means.
00:17:57.000Tell our audience, does this outlaw abortion or does this send it back to the states?
00:18:03.000Tell us specifically what is in this opinion.
00:18:07.000So, Charlie, first of all, great to be with you on such a great day for the Constitution, a great day for the country, really a great day for the human species for the very simple reason that we will have more unborn, innocent human beings who will actually be able to live as human beings.
00:18:20.000So it's just, it's a remarkable day for the country.
00:18:22.000And on a day like this, Charlie, I think young pro-lifers like you and I just have to have a debt of gratitude, honestly, to the past 50 years of pro-life activists who got us.
00:18:32.000It's been a lot of prayer warriors and activists and grassroots folks and a lot of Jewish organizations, a lot of pro-life organizations, a lot of Catholic organizations.
00:18:44.000But on the legal points here, what this opinion does, it's very similar, honestly, to the draft leaked leak or the leaked draft majority opinion, I should say, that came out a month and a half ago at Politico.
00:18:54.000I mean, what this does, it's literally the exact same breakdown.
00:18:57.000So it's a Sam Alito written five justice majority.
00:19:00.000The Chief Justice Roberts narrowly concurs in the judgment.
00:19:23.000He goes above and beyond just to drill this point home.
00:19:26.000He actually kind of tamps down the argument that I and others have made that the equal protection clause of the 14th Amendment actually does protect unborn life.
00:19:35.000Justice Kavanaugh seems to very much disagree with that argument.
00:19:38.000So those of us who have made that argument have our work cut out for us.
00:19:41.000But all this opinion does today is it kicks it back to the state so Texas can do what it wants, California and New York can do it.
00:19:46.000That's a moderate decision, isn't it, though, Josh?
00:19:48.000I mean, this is not some sort of radical thing.
00:19:51.000It's saying allow local government to be sovereign, right?
00:19:55.000Yeah, it's literally the middle ground position, Charlie.
00:19:57.000I mean, the position the court staked out here is the definitional moderate middle ground position.
00:20:02.000It is the position that the Constitution is values neutral on the question of abortion.
00:20:06.000Again, that's actually not my position.
00:20:11.000But it's a remarkable and necessary first step to get us to where we want to go.
00:20:14.000And for that reason, it obviously should be celebrated.
00:20:17.000Yeah, and so, but the left is doing what the left does, and they're completely totally losing their mind.
00:20:22.000And so I want to ask you kind of one little teaser question here.
00:20:26.000Clarence Thomas submitted some form of a, I don't really understand the technical procedural aspect of this, saying, though, that we should reconsider the Oberfell decision.
00:20:41.000I mean, Obergefell was decided on substantive due process grounds, which was the exact same 14th Amendment doctrine that got us Griswold versus Connecticut back in the 1960s.
00:20:51.000It has been responsible for a lot of harm.
00:20:53.000Justice Thomas, more than any justice on the current court, time and time again, the late Justice Scalia did the same thing, said that this is a completely illegitimate doctrine and we should just get rid of it.
00:21:03.000Now, having said that, I think O'Bergefell should be overturned, but I'm not particularly optimistic that they will do so for a host of different reasons.
00:21:12.000The star decisis balancing test factors are probably a little different for those justices who've used star decisions a little more rigidly than I would or Justice Thomas would.
00:21:20.000But Justice Thomas, because he's a man of profound principle and takes a very principled stance on star disis and substantive due process, he would go ahead and overturn Obergefell surely tomorrow if he had the opportunity.
00:21:31.000And so this will now allow states to make their own decisions as it comes to Roe v. Wade.
00:21:36.000Can you just remind our audience, Congress never passed a law that made abortion a right?
00:21:47.000So, I mean, what the court did in the Roe versus Wade case in 1973 was they just fabricated out of full cloth a purported constitutional right to abort your unborn child.
00:21:56.000It was never statutorily codified by Congress.
00:21:58.000In fact, by the time the 14th Amendment was ratified in 1868, abortion was criminalized, Charlie, as you know, in every single state in the country.
00:22:20.000Look, as you know, our friend Mike Lindell has amazing passion and especially has a passion to help everyone get the best sleep of their life.
00:22:27.000He didn't stop by simply creating the best pillow.
00:22:29.000Now, Mike has done it again by introducing my slippers.
00:22:32.000For unlimited time, you'll save $90 on a pair of my slippers.
00:22:36.000This blowout sale of the year won't last, so order now.
00:22:38.000Mike has taken over two years to develop this.
00:22:40.000The my slippers are designed to wear indoors out all day long, made with my pillow foam and impact gel to help prevent fatigue, made with quality leather suede.
00:22:50.000Call 800-875-0425 or click on promo code Kirk or mypillow.com.
00:22:55.000Click on the radio listener square and use promo code Kirk.
00:22:59.000So order now with promo code Kirk at mypillow.com, promo code Kirk at mypillow.com.
00:23:06.000One of the reasons why the court felt comfortable making this decision is because for decades and for years, there have been prayer warriors, there have been people fasting, there have been people making arguments to at least move the Overton window, to move the cultural paradigm so that we can better understand when does life begin and what are we really fighting for?
00:23:35.000As I talked about earlier, I want to make just sure I clarify some, I think someone misunderstood me, but I did not say that the Catholic Church was pro-abortion, the opposite.
00:23:44.000He said the Catholic Church is very pro-life and that the pro-abortion groups are going to be trying to attack the Catholic Church.
00:23:50.000And from the Catholic Church to other charities to pro-life groups and young warriors that were raised in a country where they were told Roe versus Wade can't be challenged.
00:24:02.000And they made a career and they made a movement and they really focused on changing hearts and minds.
00:24:09.000And one of those people is, I believe, one of the most articulate pro-life voices on the planet is Lila Rose from Live Action, who I am honored to have with us today to celebrate this ruling.
00:24:28.000And you've been in this pro-life fight for quite some time.
00:24:30.000Speak a little bit to some of the kind of embedded cynicism that you probably encountered a decade or so ago, where people said Roe versus Wade could never be repealed.
00:24:42.000I mean, I've been involved in this movement for almost a decade and a half since I was a teenager, my entire adult teen life.
00:24:50.000And yeah, when I first got started, you know, now Live Action is a global leader for education and we're working in every state in the country.
00:24:57.000When I first got started, there were amazing people in the pro-life movement, you know, had gone before who trailblazed, but there was pessimism.
00:25:04.000There was this idea that we are not going to ever really make it.
00:25:07.000You know, we got to fight the good fight, but America is so pro-abortion that we can't really win.
00:25:27.000I mean, even today, Charlie, abortion clinics that were scheduled to kill children today are closed now in the state of Missouri, are closing in the state of Ohio, are closing in states across the country.
00:25:38.000And next week and in the weeks to come, hundreds more pro-life laws that were stalled because of Roe v. Wade and because of KCB Planned Parenthood will now go into effect and save millions of future lives.
00:26:10.000And the Supreme Court, you know, they did not enact full justice.
00:26:14.000What they did this morning was a compromise.
00:26:16.000I don't think a lot of people, especially on the pro-abortion side, acknowledge this, but this was a compromise with the abortion side because they did not abolish abortion nationwide.
00:26:27.000They only said that now, if you are a red state, if you are a pro-life state, you can actually protect your children from the lethal violence of abortion.
00:26:34.000So this is a victory, but it's not a complete victory.
00:26:38.000You know, the Constitution is not silent on abortion.
00:26:40.000There's this, I think, myth right now with the way that the court decided the overturning of Roe.
00:27:46.000I don't want to discount that, especially with the rioting and with the people outside of their homes because of how the Overton window has been so moved in one direction.
00:27:54.000But Congress has never passed a law codifying abortion.
00:27:58.000It was a singular act of judicial activism and unfortunately a reclarifying one thanks to Justice Kennedy back in 92 with Planned Parenthood v. Casey, which upheld this.
00:28:10.000But it took the courage of Thomas and Alito and Kavanaugh and Amy Coney Barrett and of Gorsuch.
00:28:17.000And none of this would have been possible if it wasn't for Donald Trump.
00:28:20.000It would have been three pro-abortion activists that would have been put on the U.S. Supreme Court if Hillary Ronham Clinton would have won in 2016.
00:28:27.000And instead, he got three different choices.
00:28:30.000I want to get your reaction to this clip here, cut 97, of someone on CNN crying, Lila.
00:28:36.000They're very upset for today's ruling.
00:28:55.000So she's getting very emotional, but don't you think it should be the opposite?
00:28:58.000I mean, what sort of moral paradigm are they operating from, Lila?
00:29:01.000Yeah, I mean, Charlie, it makes me emotional that I think about the child, the little boy and girl that was going to be killed this morning at an abortion clinic, and now they're not.
00:29:09.000And it makes me further emotional that there are people who are crying because some children get to live today instead of to die.
00:29:31.000You know, our movement, our pro-life movement, we're going to change this country upside completely, right side up, upside down, completely.
00:29:39.000We're going to change it to a culture of life.
00:30:08.000You cannot all of a sudden just go after kind of this sacred institution of the left and act as if you're not going to have all sorts of wild and chaotic and frenetic kind of decisions and language and action.
00:30:22.000And so just in closing here, Lila, I want to just read this from Missouri and clarify what trigger laws are.
00:30:29.000I have an interesting take on trigger laws.
00:30:50.000My cynical view is I think a lot of Republican politicians did this years ago as kind of a compromise, thinking that this would actually never come into law.
00:30:59.000This is kind of like, oh, yeah, pass that thing in case Roe versus Wade gets overturned, whatever, you know, kind of as kind of a little intermediary step.
00:31:05.000But hilariously, it's this, it's kind of the biblical principle where it's kind of irrelevant.
00:31:11.000What's relevant is what you did, your thoughts.
00:31:14.000I mean, if you're a lawmaker, pass a just law.
00:31:23.000And yeah, in 20 states, we're going to see legal protections for the pre-born that we didn't see before.
00:31:28.000But look, listen, democracies, individual states, they do not have the right to decide who lives and dies, which innocent people live and die.
00:31:59.000But listen, any law in any state that we can pass now, we need to pass.
00:32:03.000And the trigger laws are huge, you know, already already set there, but there's still more work to be done because some states, exceptions, they're not completely abolishing abortion.
00:32:11.000They're only banning it after, say, 15 weeks or 20 weeks.
00:32:14.000Every child deserves life, every single one of them.
00:32:17.000And we need to be working to support mothers and fathers too and building those networks of support while we fight for the lives of children.
00:33:22.000Everybody, email us your thoughts, freedom at charliekirk.com.
00:33:26.000This needs to kind of, I think this is a great stimulus and a great shot in the arm in a good, in a very positive way about this broader parents movement, about showing up to school board meetings, caring about your children, protecting them in the womb.
00:33:39.000This is something that I think is a now top to bottom, comprehensive moral movement about caring about the innocence of our children and the well-being of the country that we're handing down to them.
00:33:51.000That's the other point that I'm really taking away from this, which is without, I'm enthusiastically pro-life, but I want this to be a broad movement where we're talking about all the other positive things we could do for the well-being of our children.
00:34:06.000Better schools, push them back against CRT, no chemical castration.
00:34:10.000And by the way, now that we have pro-life policies, trigger laws, praise God, in Missouri and Texas, this means more parents.
00:34:17.000This means the parents' movement is going to grow.
00:34:19.000And this also means, and I will say this, it's incumbent on those of us as Christians and those of us as conservatives.
00:34:25.000We should and support pro-life laws, but we should also be there for moms that are now having children and they might be in financially unstable circumstances where they might not be able to have the same sort of access to support systems.
00:34:39.000We need to be there to make it easier to be able to raise children.
00:34:44.000If we are going to fight for pro-life legislation, which we are, if we're going to fight for the repeal of Roe versus Wade, we also need to have a culture of life so that a mom that now has a child in Missouri, that she's not just left alone to fend for herself with rising inflation and gas prices, but she will be nurtured by a culture of life that says, thank you for having that child.
00:35:05.000We want to support you in every way possible.
00:35:08.000The institutions are being challenged.
00:35:12.000The left does not follow Supreme Court precedent when they don't like it.
00:35:15.000The Supreme Court, as warned by Alexander Hamilton and Thomas Jefferson, they said, how are we going to have enforcement of the Supreme Court?
00:38:44.000We're going to win bigger in the midterms because of this.
00:38:47.000We're going to have more people, especially in the Hispanic community, which is overwhelmingly pro-life, by the way, be enthusiastic about voting for Republicans.