00:00:00.000Hey everybody, today in the Charlie Kirk show, we dive into the groundbreaking and unprecedented news that the United States Supreme Court leaked a decision ahead of time.
00:01:12.000We will not embrace the ideas that have destroyed countries, destroyed lives, and we are going to fight for freedom on campuses across the country.
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00:01:35.000I had a whole show kind of laid out for you guys today.
00:01:39.000I was with JD Vance yesterday in Ohio.
00:01:42.000For all of you in Ohio, make sure you go out and vote and vote for JD Vance.
00:01:45.000And then last night, as I was flying to Florida, I saw my phone blowing up, and it was one of the most remarkable stories that I think we've seen in recent memory.
00:01:55.000And we're going to unpack it from every possible angle.
00:01:58.000You've probably heard it by now, but in case you haven't or in case you're a little confused, let's walk you through it.
00:02:06.000So last night, Politico reported that the Supreme Court was poised to decide that Roe versus Wade was going to be overturned.
00:02:18.000Now, this is an unprecedented development because Politico received a leak.
00:02:22.000Now, we're used to leaks in Washington, D.C. Leaks happen all the time, and leakers are rarely ever held accountable unless the leakers, of course, are leaking on Barack Obama or Hillary Clinton.
00:02:32.000And so, what appears to be a Supreme Court Justice clerk, we'll get into that later in this program of who we think it is.
00:02:39.000They leaked a draft of the decision composed and written by Samuel Alito, by Justice Alito.
00:02:46.000Now, the significance of this is that the decision is not done yet.
00:02:51.000Is that the justices meet right after they hear oral arguments?
00:02:54.000They start to draft opinions, and the final decision, the final vote, will be done based on how the opinion is written.
00:03:00.000And so, based on the draft, it looks like Amy Coney Barrett, Clarence Thomas, Justice Gorsuch, Justice Alito, and Justice Kavanaugh, five of them, are going to vote against the four would be Breyer, Sotomayor, Kagan, and Roberts, saying that Roe versus Wade will be overturned.
00:03:22.000Now, mind you, we'll get into the technical aspect of this.
00:03:25.000It does not mean that abortion will be outlawed as much as I'd like to see that happen.
00:03:29.000That just simply means that states will be able to determine their own abortion laws.
00:03:35.000That matters basically in the sense that states will be able to say that if they want to outlaw abortion, then so be it.
00:03:54.000Abortion is not laid out in the United States Constitution.
00:03:58.000When Roe versus Wade was decided back 30 or 40 or 50 years ago, it was done using a very creative and new, and dare I say, very shaky constitutional legal argument that basically used the 14th Amendment, amongst many other amendments, to try to justify the allowance of the termination of the unborn.
00:04:23.000And so the uproar has been extraordinary in just the last 12 hours, but there's so many different parts to unpack with this.
00:04:29.000Let's first talk about the leak, okay?
00:04:32.000So when it comes to the leak, we've never seen anything like this.
00:04:35.000The third branch of government, Article 3 of the United States Constitution, is supposed to remain above politics.
00:04:42.000When we receive a Supreme Court ruling that we don't like, we as conservatives just like, wow, we don't like that.
00:05:22.000Now, we've been saying for quite some time that we've been flirting on the edges, that we've been right on the cusp, we've been right on the precipice of having the U.S. Supreme Court become basically an op-ed organization while wearing black coats.
00:05:39.000Basically, the court does not have the ability to enforce its rules.
00:05:43.000The court is only as strong as people believe it to be strong.
00:05:47.000The court is no stronger than your trust, your commitment to seeing that the court's decisions are actually enacted and actually upheld.
00:06:05.000The court does not have the ability to actually enforce these decisions.
00:06:08.000You know, the very famous quote that Andrew Jackson said, I think it was back in the 1830s or 1840s, he said, you know, let Supreme Court Justice Marshall now enforce it.
00:06:20.000Basically, the Supreme Court does not have the ability to enforce their decisions.
00:06:24.000They are completely and totally reliant on the people actually trusting the third branch of government.
00:06:35.000The third branch has always just kind of been there based on the confidence we have in its ability to exist.
00:06:44.000And so when now you have this leak from what looks to be a Supreme Court justice clerk, never happened before, in an attempt to, of course, to try and quote unquote crowdsource the entire decision to try to bring it out to the American people and to try to basically create mobs and riots and try to change what the decision actually was going to be.
00:07:08.000This is now creating a sense of distrust in the third branch of government, the Supreme Court that we've never had before.
00:07:20.000This is now basically delegitimizing what all of us have grown to love as the supreme interpreter and the law of the land.
00:07:31.000What's the long-term significance of this?
00:07:33.000The long-term significance is the destruction and the death of the rule of law as we know it, of the slow and deliberate and prudent interpretation of laws.
00:07:44.000Now, what we are seeing, regardless of your decision on Roe versus Wade or your opinion of Roe versus Wade, I certainly have strong opinions on life and abortion.
00:07:52.000We've made those opinions well known here on this program, is that you do not want, and I do not want to live in a country where all of a sudden some random lawkirk can leak a decision before it's actually done, a draft of a decision, to try to mobilize people in the streets to try to prevent that decision from actually happening.
00:08:13.000Now, we've seen this happen in more ways than one.
00:08:15.000We see the left go to these extraordinary measures.
00:08:18.000We see the left, and whether it be in leaking of the Supreme Court, the Supreme Court decision, whether it be spying on Donald Trump, when they start to see a pattern or they start to see a trajectory that does not fit their political purposes, there is no limit to how far they will go.
00:08:38.000Now, mind you, I'm also going to talk about this kind of contradiction and this irony.
00:08:43.000For the last two years, we've been talking about vaccine mandates and how your body is not your own and you must submit to the government.
00:08:50.000And yet now the left is saying, my body, my own, my choice, I can do whatever I want.
00:08:54.000So there's this inherent contradiction in the entire pro-abortion argument that I just think is so glaring and so obvious.
00:09:01.000I'll tell you obviously why I think we as pro-lifers are perfectly consistent with allowing for vaccine autonomy and also the protection of the unborn because they're both human beings that deserve the right to be protected and preserved.
00:09:14.000But this leak, what is now being called the Supreme Leak, is there's so many different dimensions to this that we're going to unpack over the next hour.
00:09:23.000But the one that just is immediate to me is that the third branch, Article 3 of the United States Constitution, is no more.
00:09:29.000If now you're able to leak decisions before they happen to try to inspire riots and protests and media chatter, to try to influence Thomas and influence Amy Coney Barrett and influence Kavanaugh and influence Alito and influence Gorsuch, if you can now do that, well, then the Supreme Court is no longer this sacrosanct group of judges.
00:09:50.000It's now basically an augment of the media chattering class and the activist class.
00:09:58.000Roe versus Wade looks like it's going to be overturned.
00:10:02.000So the Supreme Court has a pretty serious problem on their hands right now.
00:10:10.000And so John Roberts has validated that the leak is legitimate, that this indeed happened.
00:10:16.000John Roberts said, quote, yesterday, and John Roberts, the Supreme Court justice, yesterday a news organization published a copy of a draft opinion in a pending case.
00:10:26.000Justices circulate draft opinions internally as a routine, an essential part of the court's confidential, deliberate work.
00:10:33.000Although the document described in yesterday's reports is authentic, it does not represent a decision by the court or the final positions of members or issues in the case.
00:10:46.000And that's exactly why they leaked it.
00:10:48.000They leaked this because, and according to Politico, justices can and sometimes do change their votes as draft opinions circulate, and major decisions can be subject to multiple drafts and vote trading.
00:11:01.000The court's holding will not be final until it's published, likely in the next two months.
00:11:06.000And so what they're trying to do here is they're leaking it intentionally early.
00:11:11.000They're trying to create rancor and backlash, and they're trying to create hysteria so that the justices start to get cold feet.
00:11:20.000So that one of the justices, probably not Clarence Thomas or Alito, probably not Gorsuch, probably not Amy Coney Barrett, this is probably all directed at Brett Kavanaugh.
00:11:29.000Now, mind you, this could very well backfire in a variety of different ways.
00:11:32.000This is Brett Kavanaugh, who, of course, almost had his life destroyed by this very same mob, where they came after him banging on the doors of the United States Supreme Court.
00:11:41.000They already are shutting down Washington, D.C. There's barricades in front of the U.S. Supreme Court building in anticipation of the backlash.
00:11:49.000Now, the intensity behind this issue is really something, isn't it?
00:11:56.000Look, I'm very passionately pro-life, obviously.
00:11:58.000I don't believe in the 1 million plus abortions that happen every single year in our country.
00:12:03.000I think that's a very simple and moderate perspective.
00:12:06.000But regardless of your opinions on abortion, I'm sure some of you are pro-choice in our audience, not a lot of you, but okay.
00:12:16.000This simply brings it back to the states.
00:12:19.000And so, but yet it's such an important part of the Democrat political machine that they have to be able to terminate children in the womb that they found themselves to upend the entire history of the United States Supreme Court leaking this document and trying to create mass protests and media backlash.
00:12:44.000In fact, it's not on shaky footing to say that the United States Supreme Court is now going to be threatened by activists and media members.
00:12:58.000You're going to see non-stop New York Times articles.
00:13:01.000Leak represents a chance for court to correct their draft.
00:13:06.000This is their last-ditch effort to try and preserve abortion in some states like Mississippi, Alabama, South Carolina, Tennessee, Kentucky.
00:13:23.000I want to go to Cut 21, Shannon Bream on how the Supreme Court leaker will be found and might actually out themselves in order to go down in history in opposition to the decision.
00:13:33.000Obviously, it's against the law to preemptively leak these decisions.
00:13:36.000We need to find the leaker, arrest the leaker, and prosecute the leaker.
00:13:40.000But of course, this leaker is going to go down as a martyr by the radical left.
00:13:46.000Yeah, it's a very small universe of people who would ever have the ability to get their hands on these drafts.
00:13:51.000And you better believe the chief is already very much on the mole hunt.
00:13:55.000Last night and into the morning, he is going to have the ability to marshal the troops there at the court and say one by one, I need to know what happened.
00:14:06.000There will be people who will figure this out.
00:14:08.000I feel confident at some point we're going to have a name.
00:14:10.000And listen, if it is a person who thought that they would stop this decision or reverse some of these conservative votes by doing this, they may actually out themselves and say, I did this for history.
00:14:21.000I did this to preserve the right to abortion.
00:14:24.000There are people on the left who are celebrating this person.
00:14:27.000Yeah, this is being widely celebrated by the activist press as a heroic act of leaking.
00:14:32.000Basically what it is, is we don't like how the Supreme Court is structured.
00:14:37.000And so we're going to leak this to the population to try to use the riots, to try to use the mob, to try to use the swarms of people to try to get our way.
00:14:46.000Now, thankfully, I think that Alito, Amy Coney Barrett, Gorsuch, Kavanaugh, and Thomas, I don't think they're going to bend the knee to this.
00:14:56.000I don't think that all of a sudden this is going to make them more like, I think it's going to make them more likely to stay with this decision.
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00:17:09.000The third branch of government, Article 3, as articulated in the Federalist Papers, is always supposed to be a non-political branch.
00:17:15.000It's supposed to be above the kind of petty bickering that happens in the House or the Senate or even the executive branch that could be easily kind of corrupted by political fights.
00:17:25.000There's a reason why the Supreme Court justices wear black.
00:17:29.000There's a reason why they all dress the same.
00:17:31.000They're supposed to be not in the world of kind of all this different sort of red and blue.
00:17:38.000They all want to kind of be a sober and deliberate branch.
00:17:42.000That's why they have the aesthetic of wearing the black robes.
00:17:49.000Not exactly, there's other reasons as to why.
00:17:51.000But a sober and non-political branch is fundamental to a free society.
00:17:59.000A free society cannot continue to thrive or exist if you do not have at least one branch of government that can remain immune to the political fights.
00:18:11.000Now, mind you, of course, the Supreme Court has some political influences.
00:18:16.000It needs to be appointed by the presidency and then confirmed by the United States Senate.
00:18:21.000So you're never going to have no politics involved.
00:18:24.000But however, until the left started to derail Supreme Court nominees, like they did with Justice Bork, and they tried to do with Justice Clarence Thomas, and they tried to do with Justice Brett Kavanaugh, Supreme Court justice nominations were not political.
00:18:37.000Even Republicans would go vote for kind of Democrat liberals that were up for the U.S. Supreme Court.
00:18:43.000Soda Mayor, I think, got like 58 or 68 votes when Barack Obama put her up.
00:18:49.000And so the U.S. Supreme Court, there was always supposed to be this idealism embedded in the U.S. Supreme Court that it's supposed to, it's supposed to yield to our higher angels, that even though we might disagree about politics, we have a central governing document, the United States Constitution.
00:19:08.000And this Supreme Court will be able to non-politically and in private, that's a very important part, in private, be able to make decisions.
00:19:18.000So yes, 68 Republicans voted for Sodomayor.
00:19:57.000Scalia used to talk about how he and Ruth Bader Ginsburg would have heated discussions about natural rights and private property and who's actually the sovereign.
00:20:07.000But that's supposed to happen privately because without the examination of the media, you can really dive into somebody without the potential cost of embarrassment, right?
00:20:18.000In that way, you're able to actually find out where the best ideas are.
00:20:21.000You know this, where if you've had some of your most probably fruitful conversation with some of your friends, where you know that you're in private, where you know that you're not going to be recorded.
00:20:29.000That's not to say you're saying anything wrong, but you know you can also say, like, this might be a stupid question, or maybe make me think this way about this, is that the whole idea of being in private and not in public is fundamental actually to become wise.
00:20:43.000You're not able to improve your argument if you're constantly being filmed all the time, right?
00:20:47.000Now, there is a time and place for filming people.
00:20:49.000I do it a lot on college campuses when you want to expose, you want to draw out bad ideas, you want to persuade people.
00:20:55.000The Supreme Court is not in the business of persuasion, though.
00:20:58.000They might be trying to persuade a law student at Princeton a couple years down the road, but really they're trying to convince themselves.
00:21:07.000They're trying to persuade one of the nine, right?
00:21:10.000And so a free society will no longer be free if the branch of government that is supposed to be interpreting the laws is all of a sudden able to leak decisions before they happen, and it goes into kind of whatever activist group is able to mobilize the most people in front of the United States Supreme Court.
00:21:28.000It's directly playing into the aims and the ambitions of Planned Parenthood and Emily's list.
00:21:35.000And make no mistake, there is a profit incentive for Planned Parenthood.
00:21:38.000They are a for, well, they're a nonprofit, but they print money.
00:21:42.000They're an abortion factory in a lot of places across the country where they receive $500 million of taxpayer funding.
00:21:50.000And in addition, this decision, closing down Planned Parenthoods across America, would destroy the bottom line of so many abortion companies across America.
00:22:00.000But all of this is supposed to happen in private.
00:22:04.000We must understand that some of the most consequential Supreme Court decisions that you probably support all happen in private.
00:22:14.000And there's a reason for that because you want someone like Scalia, who obviously was phenomenal.
00:22:20.000You wanted someone like now Kavanaugh or Alito to be able to really be able to present their argument.
00:22:24.000And maybe it won't be fruitful, but it's supposed to be immune from external forces.
00:22:31.000And that might be silly, you know, like kind of woefully idealistic, but actually it works pretty well.
00:22:37.000It's supposed to be that these nine justices should be influenced by their colleagues, by their own writings, and by what the Constitution says.
00:22:51.000This destroys our core institution of the United States Supreme Court.
00:22:54.000If this precedent is allowed to stand, anytime there will be a decision cooked up that either the right or the left doesn't like, they'll leak it and protests go.
00:23:02.000I want to give you an equivalent type of hypothetical.
00:23:07.000If the U.S. Supreme Court was going to rule that guns were illegal and they must be confiscated, imagine if Clarence Thomas leaked that to Breitbart.com and the millions of gun owners that would show up in Washington, D.C. Do you think the media would be calling that a heroic leak or would they be calling it an insurrection?
00:23:29.000And the level of outrage the left is reaching.
00:23:32.000I haven't seen them this mad since Elon bought Twitter.
00:23:54.000This is a very important point, though.
00:23:56.000A civilization cannot survive if you're constantly at war with one another over mass hysteria events.
00:24:04.000Winston Churchill had a phenomenal quote where he said, he fears the future of liberty if a civilization is always at each other's throats.
00:24:14.000Churchill's super wise guy, the greatest man to live in the 20th century, that you can't be free if you're constantly at each other's throats.
00:24:22.000And I'm paraphrasing, he said, I fear for the future of liberty if you're constantly at war with one another.
00:24:30.000And that's basically where we're headed.
00:24:32.000The country will become less free because of all of this.
00:24:35.000And again, this does not outlaw abortion.
00:24:43.000Protesters rushed to the Supreme Court last night, young adults protesting at the Supreme Court, chanting, my body, my choice, hilariously.
00:24:53.000Never heard this at all during the forced vaccination arguments.
00:25:41.000If you do not have the medical ability, I don't want to say medical, that's not even true.
00:25:45.000If you do not have the, let's say, sinister technology available to be able to terminate children, the left will do anything to preserve it.
00:25:56.000Yeah, you know, it's absolutely jaw-dropping to have a leak like this, even when, and you can only think of a handful of times that even just the outcome of a case might have been leaked shortly before an opinion is released.
00:26:08.000This is presumably months ahead of time, and a full draft text of the opinion.
00:26:13.000But this should not surprise you, though.
00:26:16.000It shouldn't surprise you because who we're dealing with.
00:26:18.000These are the people that spied on Trump illegally, organized the entire government against him.
00:26:23.000These are the people that concocted a mail-in balloting scheme.
00:26:27.000These are the people that implemented a president of the United States.
00:26:30.000These are the people that lied about the Hunter Biden laptop, calling it Russian disinformation, mobilizing 50 former Intel people to lie about it.
00:26:41.000When the left starts to not get their way, they go to extra constitutional means.
00:26:47.000When the left starts to not get their way on things that really matter, like they'll allow a decision here or there, you know, school choice or whatever.
00:27:13.000Their entire political movement is built around this.
00:27:17.000And now this once non-political branch of government that, yes, is fundamental to our entire way of life has now become highly politicized.
00:27:30.000Now, will the leaker be investigated, arrested?
00:27:46.000But what it really should make you worried about on a variety of levels is these kind of unspoken rules that we used to govern ourselves under, these very simple, agreed-upon principles, such as allowing the court to make a decision, separation of powers, consent to the governed, all of it is now permanently being put in jeopardy by the left-wing activists and the media.
00:28:16.000Now, there's another take on this that I think is rather optimistic.
00:28:19.000Not only that abortion will now be hopefully outlawed in many states, which is a very positive thing, but I think there's another wrinkle when it comes to this that I think we need to really consider, which is if Roe versus Wade is able to be repealed, then we as conservatives legitimately can do anything we put our mind to.
00:28:41.000If you would have told me five years ago that we could get Roe versus Wade repealed, I'd say that is silly, idealistic thinking.
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00:32:01.000But basically, Alito said, quote, until the latter part of the 20th century, there was no support in American law for a constitutional right to obtain an abortion.
00:32:31.000California wants to be able to have post-birth abortions, but they don't want to be able to have Mississippi to be able to outlaw abortions.
00:32:37.000Why do they care so much about what Mississippi and Alabama are doing?
00:32:40.000That's all this decision was going to do.
00:32:43.000Alito claims, quote, an unbroken tradition of prohibiting abortion on the pain of criminal punishment from the earliest days of common law in 1973.
00:32:52.000It looks like the court is going to overturn this.
00:32:57.000It looks like the court is going to overturn Roe versus Wade.
00:33:00.000The left is not going to go down easy.