Former Vice President Joe Biden and CNN anchor Jen Psaki are in hot water for their conflicting statements on the opioid crisis and the death toll from it. Meanwhile, Chris Cuomo is getting a new job at the Daily Wire.
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00:00:37.680More people have officially died of COVID on Joe Biden's watch than did on Donald Trump's watch,
00:00:43.640which creates a problem for Joe Biden.
00:00:46.540Because last year, Biden claimed that any president with as many COVID deaths as Trump on his watch
00:00:52.880has no right to be the president of the United States.
00:00:56.980Here is Jen Psaki twisting herself into logical, illogical pretzels to defend her party's incoherent view of death.
00:01:08.260In 2020, when roughly 220,000 Americans had already died of COVID, Joe Biden said about Trump,
00:01:14.260anyone who is responsible for that many deaths should not remain as president of the United States of America.
00:01:20.480Is that still the standard now that more Americans have died under President Biden than President Trump?
00:01:25.940Well, I think the fundamental question here is what are you doing to save lives and protect people?
00:01:31.300And the former president was suggesting people inject bleach.
00:01:34.480He apparently reportedly didn't even share with people he was going to interact with that he had tested positive for COVID himself.
00:01:41.340He continued to provide a forum for misinformation, which probably led to people not getting not taking steps forward to get to protect themselves,
00:01:49.840to wear a mask, to eventually get vaccinated.
00:01:52.380This president has made the vaccine widely available.
00:01:55.220He's relied on the health, the advice of his health and medical experts.
00:01:58.600And he is trying to be a part of solving this crisis, getting the pandemic under control.
00:02:03.360And I think there's a pretty stark difference between their approaches.
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00:05:27.980Here is, it actually started with the pro-life side making their arguments and the more conservative judges asking questions.
00:05:33.960But I want to start with the pro-abortion side just to demonstrate what a thin argument they made.
00:05:42.600Mr. Chief Justice, and may it please the court, Mississippi's ban on abortion two months before viability is flatly unconstitutional under decades of precedent.
00:05:52.540Mississippi asks the court to dismantle this precedent and allow states to force women to remain pregnant and give birth against their will.
00:06:02.100The court should refuse to do so for at least three reasons.
00:06:06.080First, stare decisis presents an especially high bar here.
00:06:09.980In Casey, this court carefully examined and rejected every possible reason for overruling Roe, holding that a woman's right to end a pregnancy before viability was a rule of law and a component of liberty it could not renounce.
00:06:27.100The question then is not whether Roe should be overturned, but whether Casey was egregiously wrong to adhere to Roe's central holding.
00:06:35.260Second, Casey and Roe were correct for a state to take control of a woman's body and demand that she go through pregnancy and childbirth with all the physical risks and life-altering consequences that brings is a fundamental deprivation of her liberty.
00:06:53.380Third, eliminating or reducing the right to abortion will propel women backwards.
00:06:58.480Okay, it goes on and it gets even vaguer and less grounded to reality.
00:07:04.560Did you notice what was missing in her opening argument?
00:07:43.800The precedents being Roe versus Wade and then Planned Parenthood v. Casey, which kind of affirmed Roe versus Wade, but actually kind of changed the reasoning.
00:07:51.220It came to the same conclusion, which is that there's this mythical right to abortion in the Constitution.
00:07:57.060But it kind of used different reasoning for it.
00:07:59.760So she goes back to those decisions, but she has to rely on stare decisis and precedent because the decisions were obviously wrong.
00:08:06.620The decisions were not based in the Constitution.
00:08:08.820And so she can't point to the Constitution and say, here's your right to abortion.
00:09:05.300And Justice Clarence Thomas, probably the most conservative judge on the court, one of the most conservative judges on the court, and the longest standing member there.
00:09:57.480You know, hold on, excuse me, Mr. Justice, one second.
00:09:59.660Yeah, man, it's just kind of like, you know, liberty, you know, and so she refuses to do what Justice Thomas asks her to do, namely cite some provision of the Constitution to justify her legal claims.
00:10:15.940And I guess even more incredibly, as bad as the performance was from the pro-abortion lawyer, the pro-abortion judges were possibly worse.
00:10:28.100I'm thinking in particular of Sonia Sotomayor, who was less asking questions than making an argument herself, and it wasn't a very good one.
00:10:39.300Probably her strongest argument was to compare babies in the womb to brain-dead people.
00:10:47.600Virtually every state defines a brain death as death.
00:10:51.800Yet, the literature is filled with episodes of people who are completely and utterly brain-dead responding to stimuli.
00:11:04.900There's about 40% of dead people who, if you touch their feet, the foot will recoil.
00:11:13.180There are spontaneous acts by dead-brained people.
00:11:16.340So, I don't think that a response to, by a fetus, necessarily proves that there's a sensation of pain or that there's consciousness.
00:11:33.400Sonia Sotomayor calling anybody brain-dead is the clearest example of a pot and kettle that I've ever seen from the Supreme Court.
00:11:43.000When I was in college, I saw Sonia Sotomayor give a lecture, and my only comment on it, I don't even remember what the lecture was about,
00:11:50.820was that I and many other people who were in that room left the room thinking,
00:11:56.100huh, not the brightest bulb in the pack, that one.
00:11:58.960And she has a reputation for being the dumbest judge on the court, and she is the dumbest judge on the court.
00:12:03.260The point she's making just isn't even true, by the way.
00:12:05.540If you are brain-dead, you're not getting better.
00:12:09.520You are only being kept alive, or even appearing to be kept alive, by machines.
00:12:15.220If you are a baby in the womb, you are growing.
00:12:19.540You are going, you're going to become more and more conscious.
00:12:22.800You're going to become more and more sentient, more and more aware.
00:12:25.240However, the analogy is not only imprecise, it's absurd.
00:12:33.460And it shows a ghastly view from the left of babies, that they think that they're dead.
00:12:42.760It's unscientific, it's immoral, and it's not fit for the Supreme Court.
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00:14:19.040Sonia Sotomayor then moves on from her silly brain dead argument, brain dead in all sense of that term, to make a political argument.
00:14:27.240She says, if the Supreme Court overrules Roe versus Wade and Planned Parenthood v. Casey, how will it survive the politicization?
00:14:33.760Will this institution survive the stench that this creates in the public perception that the Constitution and its reading are just political acts?
00:14:56.340It's what Casey talked about when it talked about watershed decisions.
00:15:02.500Some of them, Brown v. Board of Education had mentioned, and this one, have such an entrenched set of expectations in our society.
00:15:19.380That this is what the court decided, this is what we will follow, that we won't be able to survive if people believe that everything, including New York v. Sullivan, I could name any other set of rights.
00:15:37.880Actually, the opposite view seems to be correct.
00:15:41.260Every time the court has tried to base its decision on what it thinks will protect it from accusations of politicization, it appears more politicized.
00:15:54.880This is one of the biggest problems with Chief Justice Roberts.
00:15:57.760Roberts is so concerned with protecting the institutional integrity of the court that he often seems to be ruling against his own judgment.
00:16:05.700The clearest example of this was Obamacare, but other decisions as well.
00:16:10.220And ironically, what that does is makes us view the court in a more partisan and political way, because the judges are not acting on principle or constitutional text.
00:16:19.100They're acting to try to manage the passions of the people.
00:16:23.640So that objection from Sotomayor, I think, is totally bogus.
00:16:27.260Then she moves on to what was lying underneath a lot of these arguments, which is their antipathy to Christianity and religion.
00:16:34.680How is your interest anything but a religious view?
00:16:40.120The issue of when life begins has been hotly debated by philosophers since the beginning of time.
00:17:25.940I think there might be more than one question, and I'll do my very best, Justice Sotomayor.
00:17:29.100I think this court in Gonzales pretty clearly recognized that before viability, we are talking with unborn life with a human organism.
00:17:37.400And I think the philosophical questions Your Honor mentioned, all those reasons that they're hard, they've been debated, they're important.
00:17:44.260Those are all reasons to return this to the people, because the people should get to debate these hard issues.
00:17:49.180How is your view anything different than a religious view?
00:17:52.860I'm almost doing a Fauci for Sotomayor here.
00:17:57.640Well, I guess it is kind of a religious view, but so is your view, Your Honor.
00:18:02.560The question is, when does life begin?
00:18:05.680Now, just from a purely scientific view, we know life begins at conception.
00:18:09.320All the qualities that we would describe as being involved in life are there from the very moment of conception.
00:18:14.540But if Sonia Sotomayor is making some higher argument that you're not really alive until you speak, until you're conscious, until you feel pain, which creates all these bioethical questions.
00:18:30.220But even beyond that scientific ignorance and the philosophical and religious ignorance is even the ignorance of the role of religion.
00:18:39.040What Sonia Sotomayor is saying is that my religious view, this sort of materialist, feminist, leftist religious view, that is totally kosher, completely protected by our political tradition.
00:18:51.940But your religious view that human life has worth and we should protect it, that is totally outside the purview of the Constitution.
00:19:01.000How dare you force your religion on me?
00:19:19.900And what these lib justices are blinded to is their own religious views, which they consider to be common sense and totally accepted by everybody.
00:19:30.800And they're willing to punish you if you don't accept their kooky religious views.
00:19:47.300I want you to cite atheists in your argument.
00:19:50.080Are there secular philosophers and bioethicists who take the position that the rights of personhood begin at conception or at some point other than viability?
00:20:07.320I mean, I think there's a wide array, I mean, of people of kind of all different views and of no faith views who would reasonably have that view, your honor.
00:20:16.660And I don't think, were it otherwise, this court's jurisprudence would, on this issue, would run right into some of its religious exercise jurisprudence.
00:20:24.220So the pro-life lawyer there does a good job of remaining measured and respectful.
00:20:28.400But I think the real answer to this question is, who cares?
00:20:32.220Who cares what some secular, liberal, atheist philosopher thinks?
00:20:38.080It's like saying, excuse me, counsel, can you cite a radical leftist who agrees with your view?
00:20:46.420No, I can't because I'm a conservative and the leftist is wrong.
00:20:50.180Hey, counsel, can you cite someone who is wrong about the fundamental question, the basic nature of reality?
00:20:58.840Can you cite someone who's completely wrong about that, to back up your argument?
00:21:02.700No, I can't because I try not to base my arguments on the thoughts of dummies.
00:21:09.200By the way, this country, America, which I know we're supposed to say is super secular and separation of church and state or whatever.
00:21:16.700America is based on the idea that there are certain unalienable rights that we are endowed with by our creator who exists and those rights are life, liberty, and the pursuit of happiness.
00:21:28.020If that creator, whose name is God, does not exist, then the premise of the country doesn't make any sense.
00:21:39.300So far from being a secular, atheist country like these silly people want us to believe, we are not.
00:21:46.000The country is based on religion and specifically it's premised on Christianity.
00:21:50.760So Justice Thomas, thankfully, Justice Thomas comes in and he tries to bring this back down to reality.
00:21:56.460He says, hold on, wait, we're talking about abortion, right?
00:22:00.560Can we get back to the thing about abortion, please?
00:22:04.540General, would you specifically tell me, specifically state what the right is?
00:22:12.960Is it specifically abortion, is it liberty, is it autonomy, is it privacy?
00:22:22.000The right is grounded in the liberty component of the 14th Amendment, Justice Thomas, but I think that it promotes interests in autonomy, bodily integrity, liberty, and equality.
00:22:32.240And I do think that it is specifically the right to abortion here, the right of a woman to be able to control without the state forcing her to continue a pregnancy, whether to carry that baby to term.
00:22:43.500The state isn't forcing the woman into a pregnancy.
00:22:46.580The state isn't forcing the woman to become a mother.
00:22:48.880The woman already became a mother at the moment of conception.
00:22:51.900The question is, does the state have the right to make laws against killing the baby who already exists?
00:22:56.680And of course, the state has the right to do that.
00:22:58.400And of course, we, the people, have the right to do that.
00:23:00.220We have plenty of laws against murder and assault and all sorts of laws.
00:23:03.680And we absolutely have the right to do that.
00:23:06.300Thomas, he tries one more time and then he gives up.
00:23:09.860He says, can you please, I can identify the Second Amendment, the Fourth Amendment, but I can't, what right are you talking about?
00:23:17.620What is confusing is that we, if we were talking about the Second Amendment, I know exactly what we're talking about.
00:23:26.160If we're talking about the Fourth Amendment, I know what we're talking about because it's written, it's there.
00:23:31.980What specifically is the right here that we're talking about?
00:23:38.020Well, Justice Thomas, I think that the Court in those other contexts with respect to those other amendments has had to articulate what the text means and the bounds of the constitutional guarantees.
00:23:47.860And it's done so through a variety of different tests that implement First Amendment rights, Second Amendment rights, Fourth Amendment rights.
00:23:54.440So I don't think that there is anything unprecedented or anomalous about the right that the Court articulated in Roe and Casey and the way that it implemented that right by defining the scope of the liberty interest by reference to viability.
00:24:06.660And providing that that is the moment when the balance of interest tips and when the state can act to prohibit a woman from from getting an abortion based on its interest in protecting the fetal life at that point.
00:24:18.560So the right specifically is abortion.
00:24:20.560It's the right of a woman prior to viability to control whether to continue with a pregnancy.
00:24:51.080The pro-abortion side absolutely collapsed.
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00:50:02.600Not that I'm saying I didn't think it would be good. I did know it would be. There's a lot of talent at the Daily Wire. But still, when conservatives have made movies, sometimes, look, some conservative movies have been terrific. And some have been a little schmaltzy, a little saccharine, you know, a little kitschy and sentimental.
00:50:22.920Not that. That looks pretty real and gritty. I can't wait to watch it. Can't wait to watch the whole movie. Make sure you go like and share the trailer on YouTube. Your support makes all the difference.
00:50:36.160I'm Michael Knowles. This is the Michael Knowles Show. See you tomorrow.
00:51:06.160Today on the Ben Shapiro Show, Roe vs. Wade may be on the chopping block after Oral
00:51:36.140arguments at the Supreme Court. And Joe Biden's team prepares for more COVID authoritarianism. That's today on the Ben Shapiro Show. Give it a listen.