SCOTUS Leak Proves the Left Wants Chaos | Guests: Kelly Shackleford & Sen. Mike Lee | 5/3/22
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Yeah, aka Charlie Sheen, only on Netflix, September 10th.
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Geez, there's not much to talk about today.
I guess we're going to talk about the Met Gala.
Is that what we're?
I mean, that's, I think, what we're left with.
Either that or a rerun.
There's nothing happening in the news.
Nothing at all.
Nothing at all.
Oh, that SCOTUS decision.
We should probably mention that coming up.
Got no room to compromise.
We gotta stand together if we're gonna survive.
Stand up straight and hold the line.
It's a new day of time to rise.
What you are about to hear is the fusion of entertainment and enlightenment.
This is the Glenback Program.
Hello, America.
Welcome to the program.
Boy,
the Supreme Court and the leak and the protests.
I have a feeling things are about to become mostly peaceful around here.
We go with the
overturning, possibly, of Roe versus Wade.
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Wow.
Holy cow, holy cow.
Last night, something happened that I thought would not happen in my lifetime.
Something that I think actually
is going to be rough getting through all of this, but I think this is something
that may have given us more time or at least some blessings.
We
effectively stopped abortion last night, at least in some states.
Any state that decides that they're not going to provide abortion or they're going to make it illegal, that's fine.
You're going to see California and New York.
I think afterbirth abortions are going to be
in the legislative body very, very soon.
Now,
this was leaked, and that's another story, a big story.
There's only about four people.
that could have leaked this.
I talked to some people that know people on the Supreme Court very close last night, and they were
livid, livid.
They said, this is, this has not happened.
Now, this has happened
with the first Roe versus Wade decision, but that happened like an hour before, and it didn't release the whole decision.
This
is clearly,
clearly to ignite our streets on fire.
And it was clearly done by by a
well I shouldn't say this it is most likely done by a left
leaning
court clerk
that person should lose their law license they should never be able to practice again
they should not be held up as a hero and they will be by the left
if Roberts does not do an investigation and does not out this person, fire this person, and make sure that they lose their law license, then the Supreme Court is not safe in anything that they do.
Now, we don't know for sure that this is going to last, and that is the reason for the release.
This is the opinion.
It is very well thought out.
I read all 90 or 95 pages this morning.
It's very, very well thought out.
It has,
there's just, there's just no way around it.
It is very, very bulletproof because it uses even Ginsburg's words about Roe versus Wade.
But it does not ban abortion.
It gives it back to the people where it says it belongs.
So just to set the foundations to this,
you believe, and I think we seem to know that it is a legitimate document.
It is a legitimate document.
It was written by Samuel Alito.
Yes.
We know that it looks like five justices are voting for it.
So we're siding with Alito.
5-4.
Yep.
The three liberals were against it.
And then John Roberts is
right.
We don't know.
We're throwing him in 5-4.
It's 5-3 and then him on the side.
Now, one of the reasons, of course, the speculation is that if Roberts is trying to craft a third way that would maybe uphold the Mississippi law, but not completely overturn Roe versus Wade.
This document.
This document clearly states over and over again, it is not our.
I think it actually throws Obamacare
into question, although it does say at the end of the document, this is not,
this ruling should not be interpreted to affect any other ruling.
But
the way it's laid out,
it clearly should affect Obamacare.
We are not a legislature.
We are not a political arm.
Our job is to interpret the law and to see, based on the Constitution, if there is this right.
And it takes apart the right to privacy, all of this stuff, and says that that is,
this was
dubious at best back in 1972.
It was egregiously wrong from the start, I believe, was the quote.
Yes.
Which is, you know, very powerful and has been used multiple times in abortion rulings in the past.
The difference, of course, between Obamacare and Roe versus Wade is Obamacare is at least a law that was passed
in a somewhat legitimate fashion.
Roe versus Wade is just made up.
And purely from the Supreme Court.
Right.
They're saying here states can come back and pass laws.
Correct.
That's how this should happen.
Correct.
So this is not going to eliminate abortion.
The far left, Bernie Sanders, for example, is arguing hard today to
act like this is the justification to overturn the filibuster, and
then you'd be able to put a national abortion law in.
They would also pack the court and pack the court and do all sorts of things to make sure that this is it for them.
This is what the left really wants those children not to be born.
And so they're going to do whoever they can on this.
Well, Planned Parenthood said this is sacred, that abortion is sacred.
Just so you know, when there are things that are sacred, you're into religious territory.
This, they believe, is sacred.
So abortion is up on the altar.
I think you're going to see the left completely unmasked now.
If they pack the court, that is the sign.
That is the last thing no government has ever recovered from the courts being packed.
Check out Venezuela.
What do they have?
Like 47 judges?
Something like that?
They started 30s, yeah.
Yeah, they just started packing the court.
And it's crazy.
No government has ever survived that.
That is the road to
totalitarianism.
32.
32.
Yeah.
32.
Yeah.
Yep.
And yes, they're 30.
And what did they start?
What did they start with?
I don't have the whole list here, but that's what they're at now.
So
the left is being unmasked.
They want the end to the filibuster,
which means
they just want straight up, you know, 50, 51, 50.
They don't want anybody able to be able to slow things down.
That's what our Constitution is
all about.
Slowing things down.
When people complain, Congress isn't doing anything, that's what the founders wanted.
They didn't want your federal government doing things.
What they wanted was your state government to do things.
That's why this particular ruling on Roe versus Wade is so good.
It passes it back to the states.
It says this will never be settled.
This has always been controversial.
And no one can force the people
into an acceptable position.
It goes on to say in the ruling, the draft ruling, again, we don't, this is not passed already, but, or not been put into effect.
But it goes on to say that before Roe versus Wade, 30 states had decided on a complete ban.
Yes.
And there had been some states moving in the opposite direction, and this just upended that entire process.
Right.
You know, there's another world where Roe versus Wade doesn't exist and legislatures just pass abortion rights in most of the states.
I don't like that world, but that could have happened
and probably would have happened in a bunch of states over the years.
Instead, they tried to upend the process and say, you're not allowed to have these restrictions on abortion.
And that is, I think, is what has caused a good chunk of what has made this issue so divisive.
You know, and look, when it's life and death, it should be divisive.
I'm fine with it being divisive.
I have no problem fighting for this one.
But there is an argument there that this could have gone a different direction.
And that's really a good chunk of the focus of Alito in the ruling.
I mean,
he says, look,
I
you have we have no credibility if we legislate from the bench,
especially on things that are this divisive.
It basically he criticizes the previous court and saying, hey, you know, basically what they did was, hey, you know, this is a thing that's tough to decide.
So we're going to just, we're just going to settle this one now and just you guys stick with what we say here.
Like, that's just not how it works.
That's not how our system of government works.
So there are a lot of things in this.
We'll give it to you, but Mississippi won.
Not yet.
I am not of the opinion you can
count these chickens.
And I know when you're talking about abortion, chickens and it's a hatching is a big thing.
But I really do become life.
When I want this thing to hatch,
the reason this was released is to put enormous, impossible pressure on these justices.
It's to
potentially to encourage George Floyd-style riots around the country to change somebody's mind.
God only knows.
I mean, if we have anyone that is a high-level security person that is not guarding a Supreme Court justice today, they need to be reassigned to that job because what the left would do to have this right to end so many lives, you can't overstate.
You can't overstate what end they would go to to try to stop this.
And now that they think it's a done deal, but something could be done to prevent it, I fear for all of these people.
I do too.
I do too.
You cannot, you cannot, these people on the left are insane.
They will do anything to fight for the right to make sure these children don't live for some freaking bizarre reason.
I'll never understand.
Can you imagine had this gone the other way, if it were leaked?
I mean, I can't imagine that there is anybody that would do that.
I mean.
Yeah, because there's some speculation that someone on the right did it.
And really?
Yeah, there's a politico.
Yeah, yes.
And the argument is, one, that Alito has lost somebody.
He might be losing someone's wavering of the five.
And he wants to put pressure on them to know that they were on the
end Roe versus Wade's side.
And maybe, let's say, Kavanaugh.
And Kavanaugh is wavering.
And he wants to put pressure on him to say, hey, no, you stick with this.
Everyone's going to know you changed your mind.
That's one idea.
Right.
And you know what?
Investigation.
FBI.
Do you trust the FBI?
An investigation needs to be done.
John Roberts needs to call for it, and we need to know who did it.
Whoever did it, whatever side, they're wrong.
That's not the way we deal with things here.
If it was someone on the right, you were wrong.
You are wrong to do it.
That's not how we do business here.
You do not influence the Supreme Court or threaten the Supreme Court.
You don't do it.
Period.
And the idea that the right would do this, the other theory being floated out there is that conservatives wanted people
to kind of be ready for this happening.
So it's a sort of like they're putting it out there early so it doesn't affect the elections.
There's no way that someone in the Supreme Court would risk this thing blowing up by leaking it on the right, I don't think.
And if they thought it was lost, if they thought they had lost someone, which is not the news, in the political reporting, they say this standard of five justices to overturn Roe versus Wade was at least in effect as of last week.
So this is, you know, this was written back in, I think, December.
It was circulated in February, but as of last week, this was still holding.
So we don't know if something's changed, and that's why it got leaked.
I don't believe it.
I think it was someone on the left to try to get people to change their minds.
It was so interesting how fast that giant crowd got around that Supreme Court, didn't it?
It's almost like.
That was really quick, yeah.
It was really fast.
You know what it is?
It was interesting.
A lot of people just live right around there.
Yeah.
And they had walks and their dogs.
Well, yeah, and they brought their signs on the walk.
And you know what's weird is they all brought their dogs, apparently, which we couldn't see, and their signs, you know, for that casual walk, and they were all chanting, pack the court.
Just again,
you are going to see the left fully unmasked.
They are not interested in a republic.
They are not interested in the rule of law.
They were screaming and shouting and chanting, pack the court.
This may be the place where we separate.
And I'll go into that coming up in just a second.
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i think this is where
i think this is where we might
come to blows.
And I don't mean that we're going to have violence on both sides on the street.
I think the left is going to use this.
This is their catalyst to do, I think, what they did before.
They just burn our cities to the ground.
And this is something that I'm willing to die on my sword for.
I don't know about you, but I think this is
the most righteous cause.
to stand up for.
You know, protecting our children from all of these lies in our school, righteous.
Standing up
for the right for babies to be born and to stop killing, righteous.
To
stand up against court packing, righteous.
We can talk about tax rates all we want, and they're important.
Yeah.
There's nothing like this.
You know, we've said before that I think we could morally justify doing every show, every day about this until it's stopped.
You're talking about
worldwide, we're talking about something like a billion people have been aborted.
Well, I just want you to know, too, the only reason why Stu and I are talking about this is because as men, we know now we can have a baby.
So we do have an undeniable voice at the table here.
That one
died out real fast last night.
I was listening to CNN as they were breaking this story because I torture myself.
And they immediately, the first activist on there, what this shows is that men and women are not equal in this country.
Now, I don't know, it might show a lot of things.
I don't know how it shows that men and women aren't equal.
Men also wouldn't have the right to have an abortion, so I don't know what you're talking about.
No,
no, men can have a baby now, and then immediately it was, you know, what it's these men they don't understand because they can't have children.
It's like, wait a minute, what happened to all of your programming from last week?
Yep, remember all of those lessons you were telling us about how men can have children?
Remember how everybody had to put their pronouns on everything because we didn't even know what genders were?
Now all of the sudden, again, it's the most important thing.
Now women are once again
being, we can tell who they are.
We're now, again, able to identify women this week.
And this week, because it's convenient to their outcomes, once again, women are vitally important and their special needs are very special and men can't understand them because they don't have, they can't have babies.
They don't have reproductive organs this week.
It's so transparent and pathetic.
All right, back with more coming up in just a second.
Words from Alan Dershowitz and
five observations and outcomes from the Supreme Court's likely reversal of Roe and Casey from Daniel Horowitz coming up.
The Glenn Back program.
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I think the Supreme Court should release this decision now.
They are, this is obviously, obviously, this was leaked to influence the decision and to put these guys in danger.
And if they don't have full-on Secret Service protection 24-7,
I'm going to take up a fundraiser and take up a collection and we'll pay for private security.
I would feel actually more comfortable with private security at this point.
But they are in danger and
this should just be released as official.
Why let this drag on for months and months and months now?
By the way, these states allow abortion post-viability if the mother's life or health is threatened, which is a sham.
Arizona, California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New York, Virginia, and Washington.
I don't know why I feel like Howard Dean.
Yeah.
These states allow late-term abortions with no state-imposed thresholds.
Alaska, Colorado, District of Columbia, New Hampshire, New Jersey, New Mexico, Oregon, and Vermont.
Lawmakers in several Democratic-controlled states have now enacted legislation that explicitly protects the right of abortion if Roe falls.
For example, Massachusetts, New York, Rhode Island, and Oregon have all passed laws to ensure that abortion remains legal within their states in the event that Roe does get overturned.
New York in 2019 also expanded the conditions under which a patient can receive a late-term abortion from protecting the life of a patient to the health of a patient and reclassified abortion regulations as a public health matter rather than a criminal one.
In California, Democratic Governor Gavin Newsom aims to make the state, quote, a sanctuary for out-of-state abortion seekers, even proposing to use state funds to defray their travel costs.
Oh my gosh, get out of California.
California guarantees the right to abortion in statute and the state constitution.
It covers the cost of abortion for lower-income Californians on Medi-Cal.
It also requires private insurance to cover it, and the state has rejected the idea of requiring waiting periods or parental consent for abortion.
Those things are not going to change.
Now, some states are going to ban it outright.
I hope Texas does it,
but we'll see.
I would expect that the governor of Florida, if he hasn't already,
is
going to be announcing some things today, I would imagine.
Pat Gray joins us now from Pat Gray Unleashed.
Here's what I'm worried about.
Back alley abortions.
Now there's going to be back alley abortions.
Dead women everywhere.
That's what they're going to start screaming.
Instead of just taking the drive?
Yeah.
The back alley thing is a better idea than taking the $4,000 from your employer and just taking a flight to a place where you can get an abortion.
I don't even understand that.
Well, it's the handmaiden's tale.
Listen, this is what they were saying.
This is what women were saying on TikTok last night.
This abortion law goes beyond a woman's issue, and it goes beyond anything you can ever imagine.
The societal implications of this are going to be insane.
The amount of
pain and damage this is going to cause and the full ability to tell a woman what she can and can't do with her body, or going back into a handmaid's tail society.
Back to it if there wasn't one.
Who sat home?
I love her.
All you young girls, stupid fake drama, adults over 18 years old who did not go out and vote.
There's an L in Old
Brown.
Like the L Parachee was aborted.
Oh,
she may not look like she's been drinking.
We're now back in the dark ages.
Every day of her life.
Yes.
Brace yourselves, ladies.
Brace yourself.
Brace yourselves.
She's with you.
We're coming to get you.
She's with you.
My heart is just broken.
Yeah, for all these babies that are coming.
I just don't understand it.
They don't.
They don't get there.
They don't.
Well, they didn't want to.
We'll get through this.
We'll figure out a way.
How can you get through it?
I mean, you can't.
I don't see how they can.
No more joking about.
The babies won't get through it.
No.
No more joking about it being
a handmaid's television.
Stop with your one reference reference you know
is the name of that clip, Handsome Women Speak Out
It's a visual joke, unfortunately, but a fantastic one.
I think you could use your own imagination.
Yeah, yeah, you could.
I don't know how much trouble they're having in this particular one.
Well, that's what happened in Handmaid's Tale.
First, they started saying handsome women, right?
Then they were wearing red robes, red robes, just like that.
They know no,
the most frustrating part about that clip is they don't know they know no other references.
Right.
Everyone just goes to this, okay, we got it.
You have Netflix or Hulu, whatever it is, Hulu.
I got it.
There is no world in which this is going to be the handmaid's tale.
Oh, I see religious people.
I see religious people
taking women and making them surrogates and just raping them.
Oh, having no time.
Yeah,
I see that happening all the time.
I mean, that's tomorrow.
It's an uplifting show, by the way, if you haven't seen it.
By the way, the max, the max we're looking at here is a two-hour flight that will definitely be paid for by an abortion organization.
That is the worst case scenario if you want an abortion.
This is why this does not end this.
No.
This is just the beginning.
We're not even close to the end of the fight against abortion.
It is is still going to happen in large numbers.
Will it decrease?
Possibly.
But they will.
Possibly not.
See,
the whole thing about this ruling, if it stands, is
that
it belongs into the hands of the people and that the legislative arm
should have the right in different areas.
Which I, by the way, I don't know about you guys, totally disagree with.
No, the legislature should not have the right to kill children.
No, they shouldn't.
However, this is an improvement as to where we did before.
So I am with you on that because you know, I mean, I have heard this morning, and I'm waiting for verification of this, that California and New York are already starting to put things in for afterbirth abortion.
I find that talked about California
a little bit on that.
Yeah, that's up to a week after.
They're denying.
It is crazy.
They're denying that's what it would say
or do.
But it says paranatal.
It says in the bill, which means a week after, or some people say 30 days after.
That's insanity.
That's absolutely insane.
It's evil.
It's just straight up evil.
By the way, Glenn, I think you were going through the state laws.
You mentioned Texas.
Texas does have a trigger law already in effect.
26 states have trigger laws that would outlaw at least or restrict abortion if Rogo goes away.
So
you know, that's that's great.
You know, it would be great.
But again,
you're either, if you say Florida, which I think is questionable, and I don't know that Florida will go that far.
You know, Florida's essentially been a purple state for a long time.
Yeah.
Remember, Ron DeSantis was put in by like, you know,
a very couple percentage point, a couple tenths of a percent, basically.
But if you do that, you're maybe in southern Florida, probably as far away as you can be, maybe in Louisiana.
You have a couple of hours of a flight that every organization in America that wants you to have an abortion will pay for, and you can go on a little trip and have your abortion in another state.
This is not the handmaid's tale.
And they will lie about that and say it is.
They're going to say that this eliminates abortion, which it does not.
It doesn't.
And that's why people.
But see, they need that argument.
They do.
They have to have that argument because
they're not arguing about abortion right now.
They're arguing about packing the court.
That's been the number one thing they have wanted over abortion.
They will use abortion to get to packing the court.
Ilana Mars already suggested it that they pack the court.
And she said, as we've done numerous times before, well, it's happened six times in American history, six, and almost always less than nine.
One time it went to 10 for three years and then went back to nine in 1869.
It's been there ever since.
What dunce suggested an even number?
Yeah, I don't know.
But that didn't work out very well.
So they got rid of it after 76.
We need 77.
Yeah, right.
They need 77
justices.
Yeah, yeah, yeah, yeah.
I mean, look, this is typical of the left, right?
Hey, this governmental body is doing something that we don't like.
Therefore, let's call them illegitimate and change all the rules.
Because that's what they want to do with a filibuster.
Normally, you'd need 60 votes
to force through a law law like this.
What they want to do is get rid of the filibuster.
Bernie Sanders has already said this.
Go back to Mansion, go back to cinema, say overturn it, at least for this one thing, because then we can pass a national law that bans, that it requires everyone to have abortions or whatever, puts governmental abortion huts on every corner.
See, this is, again,
this is the shortcut.
That's why this case, Roe versus Wade, was overturned.
If you read the decision, it was overturned because it was all shortcuts.
And the Supreme Court was like, you can't use shortcuts on this.
You have to do it the right way.
And so what do they do?
Another shortcut.
They just want their way and to impose it on other people.
Gang, that's dictatorial.
You know,
I agree with you generally, but you know what?
It's not wrong to impose people being allowed to live.
No, no, no.
You're saying the opposite.
I get it, but like, I don't think this, I am really happy this is happening.
But again, overturning Roe versus Wade
is not the goal.
It's just a step.
Correct.
The goal is to.
But I happen to agree with the Supreme Court.
You can't force the country.
I disagree with that.
No, no, wait.
You can't force them,
enforce them into agreement.
No.
That's something that we have to work out as people.
Yes, that's true.
And it talks about.
It's going, you know, it went one way for a while, and now it seems to be going the other way.
And eventually we'll work this out.
But you can't
force people into a belief.
That becomes dictatorial, except in this particular case, we are talking about,
at least half of us believe, murder.
Murder.
Life is actually guaranteed.
Correct.
However, I will say, even that, even an overturn, making it fully illegal.
As we know, drugs are illegal and people do them all the time.
There are organizations set up all around
the world.
Back alley abortions.
Not even back alley abortions.
Pills can be sent in envelopes to people's houses.
Also, the flights we're talking about that go from Texas to New Mexico can also go from Texas to Mexico and they can get them there.
They can go to Canada.
Justin Trudeau is not on the verge of overturning abortion.
I assure you.
And as long as you have your vaccine, they'll let you in in and they'll give you as many abortions as you like.
This is not,
the only way it's won, Glenn, you're totally right on this, is by persuading people that it is a horror show, just like it was won over for, you know, slavery or interracial marriage.
When we all looked at this and said, wait a minute,
they're enslaving people?
We all look at this.
If they made slavery, if the Supreme Court came out today and said, yeah, slavery is legal again, how many people would be buying slaves?
None.
None.
Because we all think it's horrible.
Well, I can't say that anymore.
Well,
in the traditional sense,
we know that there are other slavery issues around the world.
No, and there's radicals.
I mean, I can't say that anymore.
Not just because none is probably.
I mean, I always used to think, oh, we all generally agree.
No, no, I don't think we do.
No, I don't think we do anymore.
But you have to get it to that point where it's just such a, everyone realizes it's so horrible.
that you know bank robbery is illegal right you know but they still occur we all know that they're gonna back alley abortions will always be a thing.
Look, there will always be a place where you can
get to an altar to sacrifice your baby to Moloch.
There will always be that place.
Especially with Uber now.
You can get around anywhere.
Can I get to an altar of Moloch, please?
It seems like it's at least possible that we are entering an end of an era.
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Kelly Shackleford is going to join us here in a second from First Liberty.
They are amazing at what they are doing.
There are about seven different rulings that are going to come down, and they are going to change the very nature of the First Amendment and free us back up.
We're getting closer and closer to being more free than we have been, First Amendment right, religious-wise, than we have been maybe in our lifetime, assuming that you were born, you know, prior to 1950.
And there's a song that has been rattling around in my head today.
These are the days of Elijah, declaring the word of the Lord, and these are the days of your servant Moses, righteousness being restored.
And these are the days of great trial, of famine, and darkness and sword.
Still, we are the voice in the desert crying, Prepare ye the way of the Lord.
Today is a historic day, a good day for believers, a good day for those who believe in the rights of the unborn just to live.
Today is a day
I feel of righteousness, but it is also
a day of great trial, of famine, darkness, and sword.
The left will not take this quietly.
This is the Glenn Back Program.
Got no room to compromise.
We gotta stand together, it's the corresponding
stand up straight and hold the line.
It's a new day, I'm turned to rise.
What you are about to hear is the fusion of entertainment and enlightenment.
This is the Glenback program.
You know, there's a, there's,
there's speculation that
this was leaked by members in the the Supreme Court that are on the right.
No, I can tell you that's not true.
Here's how I figure it.
The media is not asking, do we even know this is true?
Can we publish a leaked document?
How did this document get?
They're just saying it's a leaked document and moving on.
I don't even know if this is illegal, but it should be.
This is unprecedented.
And the person that leaked it, there's probably about four people that could have leaked it.
The person that leaked it should never, ever be able to practice law.
This is egregious what they did and they did it intentionally.
My opinion is they didn't do it to overturn this decision.
They did it to overturn
everything.
They did it to pack the court, to end the filibuster, and to fundamentally end our republic.
That's what the left is now shouting for.
So what does all of this mean?
Kelly Shackelford from First Liberty joins us in 60 seconds.
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Mr.
Kelly Shackelford from First Liberty, how are you, sir?
Great, Glenn.
Happy to be with you.
So
let's take this apart, first of all.
Is it illegal to leak this document?
I am not aware of any
criminal violation.
Obviously,
it's an attack upon the institution of the court and I don't know if people understand I mean the court will never be the same
I don't know what they're gonna have to do now but the ability of all the all the justices have four clerks these are the some of the brightest young attorneys in the country they
bring in new ones and
the ability
with your own clerks the
opinions you're working on.
I mean, I just think it's going to damage the court permanently.
And that's a reason why this has never happened.
And
we've crossed that Rubicon now.
I'm not sure that it's going to ever be the same.
I'm not sure it will change forever if they
put the hammer down on anybody that was involved.
Wouldn't that send a strong enough message to bring it back?
I hope.
I mean, you know, I mean, number one, are they going to figure out who it is?
I mean, I think it's highly likely to be one of the 12 clerks for the three liberal justices.
I mean, you know, what if, God forbid, it ended up being involved with a justice?
I mean, to me, I think that's impeachable.
But I just think that people don't understand the long, I mean, this is like sort of shooting a rocket at the Supreme Court.
It is something that could
that we might not return from as far as the court being able to be what it was, which is the ability for justices.
I don't know if people know this, Glenn, but what happens is there's a majority and a dissent.
And you begin writing, you know, they vote.
Just a few days after the argument, they vote.
And they start to write on the opinion.
The majority writes theirs, the dissent writes theirs, and they share those.
And people end up being convinced.
This is the marketplace of ideas in a different way, but it's very important.
They want to know what the law is.
What does the law really say?
Oh my gosh, I didn't think of that.
And people switch.
And there's lots of that that's happened where people go to a concurrence or a dissent or a a dissent to the majority.
And if you can't share the opinions and have that discussion without people, you know, taking what's being written and taking it out in public to try to use it as a political tool, I mean, you just destroyed the internal deliberations that go on and the exchange of ideas.
It's a really horrible thing what this person did.
What about the idea that it might have been a conservative clerk that thought maybe they're going to switch to the other side.
This will lock them into position.
It doesn't make sense on a lot of levels.
I understand people think it's really, really cute because it locks them in.
But I mean, number one, the whole point is that conservatives don't do that.
Conservative justices
actually restrain themselves from politics and they say, you know, no matter what I believe, I'm going to follow what Walter said.
What is the original meaning?
The whole philosophy of those people is not to warp the court into what they want it to be.
That's
a liberal approach.
Right, and that is clear in
this ruling.
I mean, that is mentioned several times, that we are not a political body.
We can't acquiesce.
We have no idea what this is going to do with the American people, but we can't care about that.
We have to do what our job is, and that is to interpret the law against the Constitution.
And here's the thing about that, Glenn, that nobody talks about is this is a, you know, talk about populism.
This is a massive return of power to the people and away from a few oligarchs who control everything in a dark room in the Supreme Court.
They weren't supposed to.
It's not in the Constitution.
So this is a huge return of power to people of the United States to make their decision.
to decide what they think is right or wrong and not have you know just a handful of people tell them what morality is.
So it's not talked about that way, but it really should be.
This is what the founders meant.
It really is incredible because I saw signs last night, power belongs to the people, and they were protesting.
And I thought, no,
that's what this document says.
Now,
can this go to, we know it can now go back to states, as it should be,
and they can vote and do whatever they want.
Does this, can this also just go right back to Congress and have a federal law?
They can.
They can
if they can pass it.
Because, again, the Constitution doesn't speak to it, and therefore it's up to the people.
So they could pass a law, but
they would have to do one of two things.
They would have to, you know, in the Senate get 60 votes in order to, well, it was called filibuster.
It's really advocate.
They could either get 60 votes, which they're not going to be able to do, or they could destroy the filibuster.
And that would be a permanent damaging of the Senate.
I mean, the last time they didn't have a filibuster was
before Thomas Edison
invented the light bulb.
So, I mean, we're talking about that this would be, you know, change the Senate forever because the reason the Senate is considered probably the most
well-known deliberative body in the world is because you can't just pass it with raw political power.
You have to get some consensus from the other side.
It takes that 60 votes and it slows things down so that you don't have one party taking over and flipping the country one major direction to the other.
The Senate kind of stops that and makes there be some consensus.
If you destroy the filibuster, we're going to see court packing.
We're going to see Puerto Rico becoming a state, D.C.
becoming, I mean, we're not going to recognize our country.
And I think I've mentioned this before with your audience, even, Glenn, but that people don't understand how bad court, once you do court packing, once your country's over.
And so this is the kind of stuff that would happen if they do get rid of the filibuster, as Bernie Sanders and others are advocating today, because they know they'll have to do that if they're going to push through a new law, a new Roebie weighed by federal mandate.
And is court packing just one justice, or does it have to be several?
I mean, I don't know who who would go five to five, but it's four.
They've already filed the bill to add four justices to the Supreme Court.
So it would add four, which would then make the liberals have the majority, and they would just start doing whatever,
basically like a super legislature.
But the problem is, once you do it once,
the court's over.
It's just
a subsidiary of the majority party in power, and there is no rule of law anymore, and you don't have any rights anymore.
You have whatever right right the majority party wishes for you to keep.
And that's why.
And you never really go back.
You don't.
You look at, if people wonder what happened to Venezuela, that's what happened.
Argentina, we can go through lots of countries.
People don't understand, but when it happens that first time, you're done.
You're tyranny.
And really a dictatorship is where you go.
So it's something that they tried in 1936, 37, FDR did, because he did not like the fact that
they were
not getting his new deal through.
But even his own party turned against him before it was over and said, This is tyranny.
We're not going to do this in this country.
And it failed.
But it's very dangerous, and it's something that they could only do if they destroyed the filibuster, which would be what they had to do to pass a new Roe v.
Wade and federal statute.
So that is the thing that
I'm looking at here.
I'm not sure they release this to do anything but to
pour fuel on the fire right now.
Why wait until summer?
Pour fuel on the fire right now to get court packing
done and the end of a filibuster.
I think it has more to do with that than the actual judgment from the court.
Would you agree?
I think it's both, probably.
They're hoping they can intimidate one of the justices.
But
this is the beginning of what I've been predicting
for months.
I think we were just together recently, and I said, I think this is coming in June when these decisions start coming down.
And I think they're going to go for court packing with a frenzy.
I think this is going to be their new election approach because they're obviously not working well under the current
polling and et cetera.
And I think this is going to be their attempt.
And we're seeing just an early sort of release of that in addition to a hope that they can intimidate one of the five justices that supposedly are on this opinion.
It only says Alito, but again, part of the leak was that four other justices, not the chief, but four of the others are with them.
So they might hope that they can pick off a Kavanaugh or a Barrett who lose their nerve.
I don't think that will happen.
I think this will entrench them even more because Yeah, it would just destroy the, I mean, everybody would know that they changed their principled opinion because of pressure.
So I don't think that's going to happen.
So I agree with you that I think long-term this is their strategy and this is what they're going to do.
Kelly, can you hang on for just a second?
I want to talk to you about the other cases that are coming up in June and the impact that they will have.
We'll do that in 60 seconds.
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Kelly Shackelford is on the board of trustees of the United States Supreme Court Historical Society.
He has earned his law degree from Baylor University, and he is also the president and CEO of First Liberty Institute.
If you are thinking about donating money to any cause, I can highly recommend First Liberty Institute.
They can use your money and they are winning and actually leaving permanent marks.
It's firstliberty.org.
So, Kelly, Kelly, you have been in front of the Supreme Court, and we were talking recently, and you said to me, we're probably more free.
By the end of summer, we'll be more free, religiously speaking, than we have been in our lifetime.
You also said, because of Roe versus Wade and the other opinions that you think are coming down the pike, that the left is going to lose their mind.
What are the other cases?
Well, you've got, obviously, you've got Dobbs, which is the Roe v.
Wade, which we're now seeing the precursors to.
But in addition, and by the way, the way this works is the court issues all of its opinions by June because the session will end, and they will mostly leave the country and speak and teach and stuff at other places.
So the opinions are out by the end of June.
It's highly expected that most, you would have expected Dobbs, for instance, to be issued that last week, probably.
And hang on, let me ask you a question.
Why don't they just finish it now and make it official?
They might.
They might.
I mean, I don't know how far along they are because what we saw was an early draft.
And so, but, you know, if I'm the chief, I think I might move it along now and say, you know, we're going to get this out quickly so all this nonsense will stop.
But normally it would have been late.
But in addition to Dobbs, you've got a Second Amendment case, which will be, I think, in favor of the Second Amendment and against the New York York restrictions on guns.
Which will do.
Which would do what?
It would just bolster the Second Amendment and say that these types of restrictions are unconstitutional because there is a Second Amendment right to keep and bear arms, and this violates that fundamental right.
I think you're going to get that kind of decision.
I think we're going to,
we argued a major school choice decision in December, and I, you know, it's expected the way the argument went that we're going to win that case.
Which mean what?
It will say that anytime there's any school choice program anywhere in the country, you cannot exclude religious schools or religious choices from the parents.
And that'll make clear that school choice has to be fair and that everywhere it's going on, and there's a lot of programs out there, the exclusion of the religious schools is over.
And so that will cause a lot of religious schools to come into being because now there'll be resources that the parents have to choose what they think is best for their kids.
So that'll be a big decision.
The Coach Kennedy case, which we just argued a week ago, Monday,
that's a huge case, and it looks like it's going to be even bigger than expected, depending upon how they write the opinion.
But again, this is a coach who was fired for going to a knee after the game to say a 20-second prayer, thanking God for the privilege of coaching the young men he coached.
And it's the first time the court has ever had a case on the free exercise of religious freedom rights of a teacher, a coach, anyone.
So there's never been a decision on this.
So it's going to affect a lot of people that way.
But what people didn't expect is during the oral argument, the court got into a discussion about possibly ending the lemon case, which has been around for 50 years.
And if people wonder why our whole lives, we've seen attacks on nativity scenes and menorahs and veterans memorials with religious symbols and you know 10 commandments monuments and all that it's not because the founders said anything about that it's because of this really bad case 50 years ago and it's been the weapon of choice for secularists now for 50 years to try to wipe our our society clean of religion and it's pretty clear that maybe a majority of the justices are about to say that's over And that's a sea change if that happens as well.
So those are just a handful.
And there's some others too.
There's a campaign finance, there's the border case that was just argued last week.
So all this stuff is coming down in the end of June.
And my guess is that
the Marxist left is not going to like these things.
It is amazing to me as we are traveling down this road where the country seems, the government seems to be going in entirely the wrong direction and you're kind of losing hope that the Supreme Court now rides in and is doing remarkable
things that quite honestly I would think would find favor in the eyes of
God
it's I mean hopefully it buys us some time Kelly Yeah, and you know,
what it's doing is
these justices aren't themselves politicians.
They don't go one way or the other,
but they're going back to the original meaning of the text of the Constitution, which takes us to our founding.
Kelly Shackelford, President and CEO of First Liberty Institute, you can find it and donate at firstliberty.org.
I highly recommend that.
That's the thing about constitutionalist judges: it doesn't always cut your way because it's all about freedom and rule of law.
The Glenn Back Program.
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This is the Glen Beck program.
We have Mike Lee coming up in just a second.
He's going to take us through the actual document and tell us what all of it means and what it doesn't mean.
But there is absolutely a
force of nature in Chuck Schumer.
He is going to try to pass a women's rights bill.
I don't even know what that means.
And abortion, but they need to get rid of the filibuster.
And in my opinion, that's what this release was really all about.
They weren't chanting women's rights last night.
They were chanting pack the court.
We have Senator Roger Marshall from Kansas on with us.
Hello, Senator.
How are you, sir?
Gwen, good morning from Washington, D.C.
A few things happening up here.
It's going to be a good show.
Yeah, I think, you know, I think we're entering a summer that'll be mostly peaceful.
Anyway,
so Senator,
tell me what is happening now in the Senate with Bernie Sanders
talking about getting rid of the filibuster.
Is that
possible?
Probable?
So I think it's improbable.
As you know, Joe Manchin and Kirsten Sinema have both said hell no to packing packing the courts to getting rid of the filibuster.
But I'm really amazed that you've already caught this, that you're on to it, that this should not surprise us because this is what Democrats do when they don't like the outcome.
They don't like the outcome of votes in the Senate, so they get rid of the filibuster.
They don't like the outcome of the balance of power in the Senate, so they want to make Puerto Rico and D.C.
a state.
They don't like the way the elections go, so they try to federalize them and deny states rights.
So this is another example, and you're spot on.
Boy, they're moving pretty quickly.
It was almost as if Chuck Schumer knew this was about to happen.
Yeah, I mean, they have been pushing for this.
The people that are,
you know, vetting the Supreme Court nominees for Joe Biden, they're all part of a, I can't remember, it was Justice something or other,
a very far-left organization, and they're riddled through the administration, and they have been one of the leaders in packing the courts.
So, this is something that they have wanted,
and it will change everything.
You get rid of the filibuster and you pack the courts.
We're no longer the same country.
Right, Glenn.
And to your point, just to connect the dots, if you have a Congress passing unconstitutional laws, if you have a White House doing unconstitutional rules, to be effective, they would want a Supreme Court that would just sit there and nod their head.
Correct.
Right.
So instead of the separation of the three powers,
that's the missing piece for right now.
Now, we're going to change that in November.
I do think that we'll get Congress back on both sides, but that would be their game plan.
If you're going to pass unconstitutional laws, how many times have we heard Joe Biden say, Well, I know the Supreme Court's going to declare this unconstitutional, but in the meantime, we're going to do something.
And, you know, I bet they turn their head on the Title 42 issue.
I bet they go ahead and get rid of Title 42
May 23rd, regardless of what the courts are saying.
You know, I was thinking this morning that we are,
I fear we're about to go into war with Russia.
We now have war on the streets.
We have war on the Republic, court packing, filibuster, the great reset, war on the border, war on voting integrity, war on inflation, which is really war on the average person, war on energy, war on our children with the Department of Education, war on families and parents being called
terrorists, war on the truth with gender, and now the disinformation board.
We are a country at war.
And I don't think a lot of people understand that.
And it may not be a shooting war, but it is truly a war.
The left is waging a war on all that we value.
Yeah, Glenn, I think again, you've nailed it.
What the left's view is that politics should be driving culture.
I've always believed that politics should reflect the culture, you know, the culture in my little hometown of Great Bend, Kansas, where, you know, church does influence our culture and our hard work, values, faith, and family.
But the Democrats have tried to flip that and they've declared the war.
And we have to give people the responsibility.
That's what November is going to be all about, this election in November, is that this is Joe Biden's inflation, though.
This is Joe Biden's policy on the southern border.
And they want these crises.
Your listeners need to realize this.
People ask me, can you explain what Joe Biden is doing on the southern border?
Look, he wants this crisis.
He wants the price of gasoline to go up.
He wants all this chaos going on.
And meanwhile, he's going to keep taking away our God-given freedoms.
We're talking to Senator
Senator Roger Marshall from Kansas.
You're a OBGYN, are you not?
That's right.
I'm a doctor delivered to 5,000 babies, almost a baby a day for 30 years, the greatest honor of my life.
So
have you read the full
decision from SCOTUS?
Have you read the whole?
No, I'm not.
Okay.
So I read it this morning, and at the very end, it talks about the Mississippi law, and it talks about the barbaric procedures of abortion,
that a state has a right to say, no,
fetal pain, barbaric procedure.
They have a right to ban these things.
Do you see the states dividing on this and
standing whole?
Let me rephrase this.
Republicans are afraid of public opinion.
They're afraid to do anything, usually.
Are they going to stand in these states where they can?
Oh, absolutely, Glenn.
I think we're seeing that already.
I think most
state senate, state houses are working on this already.
Certainly in Kansas, we're working on a big issue.
But I think I just want to emphasize your point here, though.
As an obstetrician, science has changed so much to just show us that at 15 weeks, babies do feel pain.
And what I would share with you and your listeners is
I would have babies respond to moms' voices, respond to their brother or sister's voice, be sitting there doing an ultrasound and we're having a conversation and a little brother would say, mommy, is that my baby brother or sister?
And you could see the baby inside the womb
reach out and flutter and its heart rate come up, all those types of things.
And when you push on it, when I would gently push on a mom's abdomen, so often the baby would push back.
We're one of only eight nations that allow abortion after 15 weeks.
Look, I'm staunchly pro-life.
I believe life begins at conception.
But I think that the science is settled, is that after 15 weeks, these babies do feel pain.
And I wouldn't even begin to describe to you what these procedures look like, especially when a baby gets beyond 20 weeks.
What they do, basically, they deliver the baby's head and then they kill the baby,
and then they finish the procedure bringing that out limb by limb.
And sometimes they bring out limb by limb before the baby dies.
So this is cruel and
it is horrible.
So
it's a good day.
It's a good day.
It's a good day.
And emphasize for your listeners, what this law does is it pushes, or this ruling would do, would be push it back for states to decide.
Correct.
Let me just change subjects here because I heard you speak last week and you talked about a coming famine.
And I probably would want to have you back on to talk
a little more in depth on this.
But are you worried about,
I do believe there's a famine,
but
I just don't know how deep it's going to affect us here.
Are you worried about real shortages and food prices?
And if so, when do you start to see this coming our way?
Right.
When you nailed it again.
Here at home, back in Kansas, what we're going to see is shortages on shelves, empty shelves, and then increased prices for what is available.
You know, just this morning, we couldn't get eggs here in the Capitol Grill.
I mean, my goodness, breakfast without eggs.
So you're going to see shortages and increased prices.
And I just want to make my case quickly here.
A third of the world's wheat exports go through the Black Sea.
20 to 40% of the fertilizers go through the Black Sea.
Weed accounts for 50% of the world's calories.
And most of those exports go to the Middle East, the Far East, and Africa.
So where there's food insecurity today, it's going to lead to famine in those regions.
And already, we're seeing China over here buying up all the corn they can.
You know, they're growing, they have skyscrapers built where they're raising hogs.
And why do hogs eat?
They eat corn.
So, they can't get their corn anymore from the Black Sea region.
So, they're going to be over here driving the prices up.
On the fertilizer part, just really quickly,
a large amount of the potash fertilizers and nitrogen fertilizers come from Russia and Bulgaria.
Belarus, excuse me, Belarus.
While we get ours from Canada, Russia is going to be over there, and China is going to be over there buying them from Canadians.
So it's going to drive the price of inputs up.
It's going to impact us at the grocery stores.
You are from Kansas.
I'm a rancher, and I already am talking to the guys who are planting the fields and everything else, and they say they worry about having any kind of fertilizer.
How widespread here in America do you think this is?
It is absolutely everywhere.
We've been writing about this for months.
And if you can get it, it's very expensive.
The nitrogen fertilizers have quadrupled.
The other ones have specifically doubled.
And they're stressed out trying to get them.
And I just got to point out how out of touch this White House administration is.
Their U.S.
AID administrator was on one of the TV talk shows this weekend.
She said something to the effect that this is just going to hasten transitions to natural solutions like manure and compost.
You want to see food shortages, food insecurity, famine.
Let's have all the farmers going back to using manure and compost.
How out of touch could an administration be?
I don't know, but they will try to be even more out of touch.
Senator Roger Marshall, thank you so much.
I appreciate it, sir.
Yes, go ahead.
Have a great weekend.
You bet.
Marshall.senate.gov.
You can follow him on Twitter at Roger Marshall MD.
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The Glenn Beck Program.
Wow.
Wow, here we are.
A day I didn't think would come.
And yet,
I read stories like this,
and I think to myself, my gosh, the horror of it all.
Article from Planned Parenthood.
Abortion is sacred, and the Supreme Court cannot take that away from us.
She writes, Today I woke up with gratitude and a headache.
I have gratitude for my family and my peers, abortion providers, medicine people, my tradition.
I woke up with a headache because of the anxiety of once again facing an entity that has tried for generations to wipe out my people and destroy my land.
That entity is the United States Supreme Court for centuries the Supreme Court has ruled in favor of the federal government to not enforce treaties to murder indigenous people and to be the sole arbiter for how we live our lives let me read that last one and to be the sole arbiter for how we live our lives
if we're fortunate to live at all that is
As an Apache femme
hmm
I just I grumbled a little bit and I don't I don't don't know.
I look to my ancestor, who was an Apache warrior who fought for her people against the federal government alongside with her brother.
She was a medicine woman and a midwife.
She helped women give birth silently in the mountains while the federal government literally hunted my people like they were animals.
While the federal government isn't hunting us with guns in the mountains, they are still using their might to extract from our sacred lands, polluting our sacred water, limiting our access to health care and basic needs, and taking away our children.
Every resource we value is a necessary aspect of reproductive justice.
Our reproductive health, including abortion care, is sacred.
Our ancestors knew what plants and other resources we use around us that would be safe for abortion, lactation, fertility, anxiety, arthritis, and any other ailment or health condition we faced.
We have always known best how and when when to start a family, space our children, how to raise them, and talk to them.
Yes, our children in this realm are sacred.
They are sacred because they are the entities in which we pour our time and our love because we want to, not because we're forced to.
No one should ever be forced to stay pregnant if they don't want to.
I'm here because of an abortion.
Wait.
I'm here because of an abortion.
Someone down the line of ancestors knew when it was and wasn't time for expanding their family.
My own children are here because of abortion.
What?
Just as my children and yours are sacred, so is our decision to have an abortion.
I'll say, if your kids are here because you had an abortion, you got ripped off at the abortion hut.
Or maybe you don't understand that word.
You keep using that word, but I'm not sure it means what you think it means.
Do you think it means birth?
Like my children are here for maybe
look, they're used near each other.
She's standing up for parental rights.
Yes.
You know what I'm saying?
This is the Glen Back program.
compromise.
We gotta stand together, it's the corner surviving.
Stand up straight and hold the line.
It's a new day of time to rise.
What you are about to hear is the fusion of entertainment and enlightenment.
This is the Glenback program.
Hey you Sick Twisted Freak, welcome to the program.
The guy, I am dying to hear his opinion on all of this from the Supreme Court, Mike Lee.
Joins us in 60 seconds.
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Senator Mike Lee.
How are you, sir?
Hello.
Good to be with you, Glenn, as always.
Thank you very much.
I've got some campaign slogans for you.
What do you think?
Yeah, are you ready?
I'm sure they're going to make reference to how riveting I am in my presentation style.
No, I'm just, I'm just.
Well,
I'll share them some other time.
You don't seem open to ideas.
No, no, no.
I'm open.
I'm as open as can be.
Anything that you can do to make me, you know,
more cool.
Oh, this will make you much more cool.
What do you think?
Mike Lee, horrible at parties, perfect in the Senate.
I like it.
That's a good one.
Yeah, see, see, I can see that on the back of a bumper someplace.
All right.
He's not horrible at parties, but I get the point.
No.
So, so, Mike, thank you for joining me today.
I can't wait to hear your opinion because you are,
I think you're the strongest on the Constitution, and you should be a Supreme Court justice someday.
Tell me what, first of all,
are we going to hunt for,
find,
and I don't think it's against the law, at least kick this person out
and disbar them for leaking this.
Well, I will say this.
As a former law quirk, having clerk for Justice Alito, I can tell you law quirks are expected to keep utmost confidentiality and decorum.
It's a respectful, collegial, and even friendly work environment.
And I can't imagine the damage this leak will bring to the atmosphere and the operation of the court.
I am confident that the court is going to look into it.
Now, what the court decides to do about it will be up to the court.
It's difficult to predict because we've never had a situation exactly like this.
You know, before the Obamacare ruling in 2012, there were leaks in the form of rumors about what the result was likely to be.
And that was scandalous at the time.
That was nearly unprecedented at the time.
And immense pressure was brought to bear on the Supreme Court justices rumored to be in what was about to be a majority getting ready to strike down Obamacare.
And as it turned out, it looks like those things might have made some difference.
But there's no precedent for this one where an opinion, an entire opinion,
the opinion of the court has leaked.
This is stunning.
The odds that a Supreme Court justice knew about it.
It seems unlikely.
The Supreme Court justices themselves have got to work with one another for the rest of their natural lives.
And so it seems like the cost for them would be too high.
It seems more likely that it was someone else.
Okay.
So, Mike, let's go through this ruling.
I know you've read the whole thing.
It seems extraordinarily logical
and really based on this was bad law from the very beginning.
Casey then took it apart even more.
None of it makes sense.
None of it is constitutional.
And even the left and Ginsburg has said that.
These are all the things that I gleaned from it.
Is that the right analysis?
Yes, it's the right analysis.
I would add to that, the fact that Roe versus Wade just found no grounding whatsoever in the Constitution in hundreds of years of
jurisprudence.
It was created out of whole cloth.
by the Supreme Court in 1973.
And what this did was just take away the authority of the states to protect unborn human life and to make the difficult decisions on exactly where the line is drawn and
in states that allow abortion, under what circumstances to allow it,
how long, at what stage.
All of these things were taken off the table by the Supreme Court of the United States acting without any constitutional authority because nothing in the Constitution deals with abortion.
Consequently, this is left to the states to decide.
So they made this simultaneously.
They took what should have been an issue decided by state government and made it federal and then took it away from the lawmaking process generally and made it a matter for nine lawyers wearing robes.
That's the problem.
Yeah, you know, I was amazed at seeing the people that were in front of the Supreme Court yesterday saying, you know, power to the people, you know, rights belong to the people.
And I thought, yep, that's what the Supreme Court said.
This is not not taking away anyone's right to have an abortion from the Supreme Court.
It's just saying your state has to decide, correct?
Correct, correct.
There is nothing in this decision making abortion unlawful.
That is a fallacy, a fallacy pushed by the left to scare people.
What this is saying is that decisions regarding abortion will be made by lawmakers, primarily, almost exclusively, at the state level, level, not at the federal level.
So does this in any place
set it up for,
you know, go ahead in California, do your abortion laws, and then bring it back to the court and,
you know, we'll see if it stands.
Does it make a case at all that is saying that it's going to be hard to pass
a bill for abortion and have it stand?
Not from what I read in this opinion.
This opinion, as drafted,
I hope and pray this is, in fact, the opinion of the court, as it purports to be, because as written, it uproots Roe and Casey, root and branch.
It doesn't leave anything left of them.
And it simply makes the case that these are decisions for state lawmakers, not decisions for federal judges.
Now,
let me take you to one of the things that I'm hearing, and they spent a lot of time talking about this.
People are saying, you know, there's 50 years now of precedent,
and
you just can't overturn that.
And they spent a lot of time talking about that.
Can you go into it?
Sure.
Now, look, I would point people to page 39 of the opinion of the court authored by Justice Alito.
The infamous decision in Plessy versus Ferguson is,
as the opinion characterizes it, one of these decisions that the Supreme Court decided and got it wrong.
Plessy versus Ferguson was terrible.
It was deeply wrong.
It was damaging.
What was it?
And
Plessy v.
Ferguson was the case that set up the separate.
The but equal.
Okay, got it.
Got it.
Got it.
And, you know, it was evil, radically contrary to the Constitution.
And it was precedent that was in place for many, many decades, far too long.
And fortunately, the Supreme Court has acknowledged that it got it wrong.
The Supreme Court gets things wrong sometimes.
It got it wrong in Plesy versus Ferguson.
It got it wrong in Roe versus Wade.
And today, the court corrected that.
And it says that even precedent, first of all, they disregarded precedent in our country
by enacting this,
but also it says at no point does precedent play a role when we believe it's wrong.
Correct?
Right.
Right.
There's nothing about precedent that makes it sacrosanct.
The court follows this doctrine known as starry decisis, which basically just means we're going to stick to a ruling that we've already issued
in most circumstances because it makes it more predictable for litigants and it makes it easier for the court to stand by that.
But the court also says it's not going to stick to precedent that was clearly wrong.
And particularly when you're dealing with constitutional interpretation, there's a diminished standard of deference
owed under the doctrine of starry decisis where you're dealing with the constitutional provision.
These are things that can't just be changed by legislative bodies.
It would require an amendment to the Constitution.
So that's why, you know, mercifully,
the court was able to change course
when it decided Brown versus Board of Education, acknowledging that Plessy v.
Ferguson was wrong.
It's had other instances where it's reversed itself after interpreting the Constitution incorrectly.
Let me go into privacy, or we have a right to privacy, or the 14th Amendment, because they spend some time on that, and I'd like you to explain that in 60 seconds first.
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10-second station ID and back to Mike Lee.
So, Mike,
take me through quickly the idea of the 14th Amendment and the right to privacy.
Okay.
So
there are provisions in the Constitution that protect things that we associate with our privacy interests.
The best example
might well be the Fourth Amendment.
Right.
You know, the
government can't
search your house without a warrant, and the warrant has to be based on particular evidence providing probable cause and describing with particularity what's going to be searched.
There are other amendments that in one way or another may
also involve privacy.
The Fifth Amendment right and protection against self-incrimination, for example.
What happened is that in 1965, the Supreme Court of the United States in a case called Griswold versus Connecticut
concluded that when you add all these things together,
when you add up things like the Fourth Amendment and the Fifth Amendment and the Ninth and Tenth Amendments.
Those things themselves overlap to form emanations and penumbras which are themselves broad enough to encompass
a broad abstract right to privacy.
The court then used that to conclude that states may not restrict access to contraception by married couples.
A few years later, the Supreme Court applied that same reasoning to say it doesn't just apply to married couples but states can't restrict access to contraception generally.
And then it was that same reasoning that the Supreme Court relied on in 1973, concluded that this abstract right to privacy imposed initially on the federal government by operation of the amendments that I described and made applicable to the states through the due process clause of the 14th Amendment prohibit the states from unduly restricting a woman's access to an abortion.
So it required inference upon inference, and it required a lot of legal, verbal, constitutional gymnastics to get there.
At the end of the day, there's still nothing there.
Now, look, there's not a state in America today that would or should ever even consider restrictions on contraception.
And so there are those who are going to try to attack this opinion by saying, oh, this is going to undermine access to contraception.
That's nonsense.
Not a state in the country that would do that.
Right.
And it specifically says in here that this is only about abortion.
It's not to be used for any other argument.
Sure.
That's right.
And that's the way the Supreme Court works.
It deals with the facts before it rather than some other case.
So that's the point, is they try to dress it up in language that, you know, kind of appeals to people's general sense that they have a right to privacy.
There are privacy interests protected by the Constitution.
That does not mean there's anything in the Constitution saying that a state has no authority to protect unborn human life, which is what they've been doing since 1973.
So, Mike, are they going to finalize this faster and get it out to end this
time of intimidation?
You know,
so it's not my place to tell them what to do as a lawmaker.
They're a separate coordinate branch of government.
I'm just guessing.
I'll tell you what I think I would do in that circumstance,
what seems to make the most sense to me, I think they ought to issue a decision immediately.
Because look, the whole point of this, I fear, I still don't know who leaked it or what their motives were.
One could surmise that perhaps following the model from 2012, is maybe they wanted to leak it so as to make it difficult for those justices planning on signing it to threaten, intimidate, and harass them.
And one could conclude that the best way for the court to deal with that and make sure that this doesn't happen again or something is leaked for purposes like that is to say, we're just going to issue this opinion right now
so that there's no time for pressure to build.
So they could do that in a couple of different ways.
The Chief Justice could just say, okay, everybody sign on to either the majority opinion or a dissent or a concurring opinion of your choosing by no later than close the business Thursday or Friday.
And then they could issue it then.
Another approach they could do is issue an order today, a per curium unsigned order of the court announcing the results in this case and saying that an opinion would follow.
And they could do it that way.
Either way, I think it would be good for the court to signal that this
is done.
This is done.
It doesn't work.
Yeah.
Mike, are you, how concerned are you about, because I think this really is
less about abortion and more about packing the court and the filibuster.
How concerned are you with your Senate colleagues on those two things?
Well, I'm scared to death about both of them.
Ending the filibuster would destroy the Senate as we know it.
And I believe that they might consider doing it here as a means toward the end of packing the Supreme Court.
As I've written in my forthcoming book called Saving Nine, comes out on June 7th.
In Saving Nine, I explain why court backing is a terrible idea.
It's inimical to the very foundation of our Constitution.
It threatens the independence and the integrity of our courts.
It's designed to turn the courts basically into a political body.
Now, the last time they tried this, the Democrats tried this in 1937.
It failed legislatively.
But as I explained in Saving Nine,
it still left an an indelible scar, one that I think has caused problems for us ever since then.
That is, it influenced the way individual Supreme Court justices were voting.
And
the result has been a government that knows no boundaries around its authority, that regulates every aspect of human existence, and has accumulated $30 trillion in debt.
Those are all, I believe, outgrowths in one way or another of FDR's court packing plan in 1937, the one that failed but still scared Supreme Court justices into submission.
How soon do you think we're going to see them trying to move on these things?
I think you will see, as soon as this opinion becomes final, it will not surprise me at all to see Democrats trying to get action on this immediately.
I think you'll start hearing messaging as soon as this week from some Democrats in the House and in the Senate calling for this action.
Because in their view, somehow the ends justify the means, and this is so drastic, so grave an insult that this has to be done.
But let's remember what this is and what it isn't, Glenn.
This is just the justices reaching the conclusion the Constitution doesn't deal with this.
Correct.
And consequently, this is not an issue to be decided by federal judges.
This is an issue to be decided by elected lawmakers.
Right.
It's just given the House and the Senate and our state legislatures more power.
It's just saying, take your power back.
And for some reason, they think that's draconian.
It's bizarre.
Mike Lee, thank you so much.
I appreciate it.
God bless and stay safe.
We pray for all of you in Washington on all sides of the aisle and all nine of our justices.
I believe this puts them in grave danger.
I hope our government recognizes that.
Mike Lee, you can find him and follow him at Mike Lee.
I believe it's Mike Lee for Utah or Mike Lee for Senate.
The Glenn Back program.
Probably wrong on both of those.
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This is the Glenn Beck program.
We're glad you're here.
We've got about 25 minutes left in the program.
And this is extraordinarily important.
What happened with the SCOTUS ruling yesterday?
I went through it.
I highlighted all the important things
in it.
Pat, I mean, Stu, where do we?
Well, I have two things that are on my mind.
One is you did go through the entire ruling, and we really only touched briefly on what you found was most important.
We talked about the big details, but I wouldn't mind diving in a little bit more.
You know, you kind of, when you look at a Supreme Court ruling, the very beginning gives you kind of the summary.
The very end kind of gives you the conclusion,
which makes sense.
In the middle, though, there's always really good nuggets.
So, I wouldn't mind going through and seeing what you found in there.
Also,
I would like to talk about why
women consider Pete Davidson to be attractive.
I don't understand.
I don't, he looks
with you.
There's a weird thing going on right now where, like, the biggest celebrities in the world consider very skinny, very wiry, ugly white dudes.
Really tattoos
overly white.
Yeah, overly white.
The whitest people in our society.
Yeah.
I mean, basically, Slenderman.
Like, that is.
Pete Davidson's just Slender Man.
He is.
Like, they made a horror movie out of it.
It doesn't end well if you're around Slender Man.
I just want you to know.
Like, they were like,
this image is terrifying.
And Kim Kardashian's like, yeah, move in.
Yeah.
It's
as if
Kurt Cobain
was too healthy looking.
Right.
You know what I mean?
Yeah.
And he was five feet
taller.
Right.
And maybe too healthy looking even today.
Maybe even today.
Maybe even today.
There's a few of them that I don't understand what's happening.
And
I'm only holding out hope that
pasty, you know, kind of morbidly obese white guys that that are, you know, on the verge of elderly at some point, you know, which is going to become the thing.
That'll become the thing.
That'll become the thing.
Yeah, no, I don't, I don't know if that's around the corner, but it does seem like what if I would have said Pete Davidson is going to be like the man.
Yeah.
And he's like hooking up with every attractive female on the planet.
And like, and the other thing is, I don't even think he's that funny.
He's not even a great comedian.
Like, I don't know.
Maybe there's that thing of women love a sense of humor, but like, you know, I mean, he's a mediocre SNL contributor.
Like, I don't.
Yeah, he's not a scream.
He's just like.
He's not a scream.
I don't.
What is the thing?
I don't know.
This version of human, the Slender Man, is having its moment.
So let me combine the two stories today.
Would you support an abortion?
of any baby that was made by a Kardashian
and Pete Davidson.
Any
Kardashian.
Is it in the ruling?
Is there a lot of people?
It's not
top to bottom.
By the way, this does not apply to Ken Kardashian and Pete Davidson.
Just this whole ruling, whatever.
They can do whatever they need to get done.
Yeah, well, they live in California.
Okay, so I mean, they can kill.
If they live in California, maybe
Pete Davidson's mother could kill him now.
You know what I mean?
That's probably true.
400th trimester.
Right.
Yeah, it's probably true.
I think that's probably on its way.
It is, I will say, a very strange thing.
Not only the Pete Davidson part, but going back to the main story today.
Yes.
It's a strange thing, the dedication to this cause.
I can understand
the old position of Democrats.
I don't support it.
I don't like it.
But like the old position of being like, look, this is a necessary evil in our society.
We hate that it has to happen.
We just think in really crazy circumstances, there has to be an out for a woman who's in a terrible place.
And I don't buy that logic, but at least there's a part of me that can understand that.
Legal, safe, and rare.
Not where I want to be, but you would think that, okay, that, you know,
extenuating circumstances, not abortion on demand as birth control.
Yes.
I mean, that does, you know, and they've, not that they've gone too far, but shout your abortion
may
be an indication of a society gone mad.
Maybe.
You think?
Okay, I just want to make sure I'm getting the full thing.
I'm just, I'm speculating that that may be a society, you know, this,
and it is the response here is, first of all, chaotic.
You know, I said back when I was on Fox, the key word to really pay attention to in the coming times when this stuff starts to happen will be chaos.
Chaos.
When there is chaos,
that is, we know who the author of chaos is.
And everywhere you are seeing the seeds of chaos.
You're seeing it at the border.
You're seeing it last night in front of the Supreme Court.
This isn't, hey, let's do things the right way.
Let's even just wait for an opinion.
I would be just as angry at the right if they had released this opinion.
Now, it may turn out that they did.
I highly doubt it.
But we don't know who did it.
But this is the way the left works.
And this isn't about abortion.
That's what's so crazy.
They are using women and abortion.
to pack the courts, get rid of the filibuster, and to take the country over.
They want the whole whole thing.
And I think they believe.
And they will burn it down if they don't get it.
I think they believe there's going to be enough of a reaction to this, and they can convince them that this is the handmaid's tale, that they might be able to pull off a bigger power grab, right?
Like where they can pack the court, where they can do all sorts of things to manipulate our system and our society.
And it's not impossible they're right on that in that, look, abortion, generally speaking, is not particularly popular.
It is divisive at the general level, right?
Where if you say pro-choice versus pro-life, it's just a generally a divisive issue where partisan rules apply.
But
when you go into it, the actual debate is not really much of a debate.
You know,
the Republican position is
illegal in most cases.
Not for, you know, there's exceptions for rape and incest.
And again, we can get into those things, but that's the Republican position.
That's where this battlefield has been drawn for a long time.
And the Democratic position is basically, as we've seen from representative after representative, candidate after candidate, to my recollection, none or maybe only one of the Democratic candidates would actually put a date,
which was usually third trimester.
To give you just a sense of the polling on this, the American people do
agree that, generally speaking, that there should be abortion available to potential parents or parents
to moms, if you can define what a woman is, in the first three months, the first trimester.
It is overwhelmingly unpopular every second after that.
Only 15%,
15% believe abortion should be legal in all cases in the second trimester.
Only 15%.
Only 8% of Americans believe it should be legal in the third trimester.
It shows you who's running the Republic or the Democratic Party and who is running California.
Yeah, I mean, they're talking about now up to 30 days after birth.
I mean, it's incredible.
So, the and illegal in most cases, it's only 19% third trimester and 34% second trimester.
These are not close calls.
This is one of the, in some ways, third trimester abortion is one of the most uniting things in our public discourse.
Yeah, that and voting right.
People oppose it.
People, you know, voter ID.
Voter ID.
Those things are very uniting in America, but they just require common sense, and that's not what you're getting.
I mean, I was watching the news early this morning, and I'm hearing these stories that have
absolutely no connection to reality at all.
And you think, are you that stupid?
And I think the answer is, yeah.
I think there's a lot of Americans that are that stupid.
They are just people who watch the news, NBC, good,
CNN truth tellers, and they just watch it and they just swallow the garbage.
I think there are those people that are that stupid.
I think there are those people that are that conspiratorial that, you know, watch man didn't walk on moon,
gay frogs did, and they just, you know, they swallow it too.
Which one are you?
I have to tell you, I think this is actually a very very good thing
in
many ways.
I know that it is going to make California and New York, if indeed this comes out and they say, yes, this is the decision.
It's going to make California and New York go crazy.
And all of the lefty states will go crazy.
California now is talking about taking tax dollars and flying people into the state so they can have abortions.
You know, if I'm in California and and I've been on the fence, you know, geez, I really like it here.
My family is here, whatever it is,
I think this is going to be one of those things that push you over the edge.
And I think the states are going to do what federalism
really kind of encourages, and that is, you know what, you do your thing where you are, and we'll do our thing where we are.
leave each other alone.
I think this is going to be, this is going to self-sort people because I couldn't live in California now for many reasons I couldn't before.
But if you're talking about doing abortion
30 days after a child is born and you're talking about flying people in with tax dollars, I'm pretty sure we're going to slide into the ocean.
I mean, I just think we will be destroyed.
That's what I would be thinking as a Californian.
You know what I mean?
Yeah, we're on the wrong side here.
And just to play it safe, maybe I'm agnostic, but if there is a God, he's going to stop this from going on.
And I think the sides are going to become very, very clear, which is what I wanted from the beginning, honestly.
I wanted a debate with, you know, Mike Lee or Ted Cruz and Bernie Sanders.
Let's just put it out in the open.
Those are the two choices.
We're either going to leave each other alone and be a country of federalist laws and a constitution, or we're going to change into something Marxist.
Which one?
Which one do you want, America?
And, you know, I think half the country, maybe 40%,
would pick, you know, let's try this new thing, Marxism, like it's new.
We're going to try this new thing.
I think only about maybe 15%
really know
what that means and what the effects would be and really want it.
You know, but you get a lot of people going along with it just because it's something new, you know.
Let's try it, it's fresh.
And I think the rest of people are just going to be like, I can't live with it,
I can't do it anymore.
I mean,
I want to, I wrote this right before I went on the era, just making some notes on today.
And it was a note to myself.
Just remember,
this is a very important
story,
but the whole thing is about distracting you.
We are almost in a war with Russia, and I think we are going there.
I hope to God we're not.
But war with Russia.
We are going to war in the streets.
We have a war being waged right now on our republic.
They are going to be talking about court packing and getting rid of the filibuster.
They're already talking about ESG, the great reset, getting rid of capitalism as we know it.
There's a war on the vote and voter integrity.
There's a war on truth with gender.
All of this stuff.
No, men can have a baby.
Well, if men can have a baby, then I guess I have a place at the table to talk about abortion, right?
Because I'm a man and you just said I could have a baby.
There's no such thing as a gender, so I guess I can understand this too.
There's a war on truth with with the DHS and the Disinformation Board, the Ministry of Truth.
You think they're actually looking for the truth?
No.
There's a war on your dollar
to get you to not own anything and like it.
War on inflation, war on energy, war on our children.
War in our schools, war for our families.
America, you need to understand
and shake off the, oh, well, it's, you know, it'll fix itself.
It'll write itself.
I wonder what's going to happen next.
You're at war.
It's not a shooting war.
God forbid it ever does.
But you are at war.
Which side are you on?
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DC School District is now asking kids to out
racist family members.
Absolutely unbelievable.
What part of this didn't happen in Germany?
By the way, if you missed any of the program today, really
informative.
Senator Mike Lee was on with us.
Roger Marshall, a senator from Kansas.
Kelly Shackelford was on from First Liberty, and he was really talking about what's coming this summer.
You ain't seen nothing yet when it comes to the Supreme Court.
This
could be just the beginning of massive change
and a movement of the left because of it.
We end
where the Supreme Court ended.
Abortion is a profound moral question.
And the Constitution doesn't prohibit the citizens from every state from regulating or prohibiting.
It's up to the people and their elected representatives.
This is the Glenn Back program.
Olivia loves a challenge.
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You were made to take the easy route.
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