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Jan. 10, 2022 - The Ben Shapiro Show

49:00

Justice Sotomayor Proves That She Is Not Wise | Ep. 1408

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	Appointed to the Supreme Court as a wise Latina, Justice Sonia Sotomayor proves herself a fool.
	And AOC comes down with COVID after leaving the hellscape of unmasked Miami.
	I'm Ben Shapiro.
	This is the Ben Shapiro Show.
	The Ben Shapiro Show is sponsored by ExpressVPN.
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	We'll get to all the news in just one moment.
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	Alrighty.
	Over the weekend, the Supreme Court was out considering whether or not to allow the Biden vaccine mandate to move forward.
	And here's the thing.
	Whatever case on a political level there was for a vaccine mandate is now gone.
	It does not exist.
	Oh, Macron has completely obliterated it.
	And the facts on the ground just do not even match what the Biden administration was arguing when they were arguing that they needed a vaccine mandate for major employers in the United States with regard to Delta.
	So forget about the fact that it's unconstitutional.
	Forget about the fact it violates basic strictures of federalism.
	Forget about the fact it is not even good policy.
	Because basically all it does...
	is forced people who are more vulnerable to stay home, but those people then get infected at home.
	I mean, it turns out the chief vector of transmission in the United States is not, in fact, work.
	It's not airplanes.
	It's not school.
	It is the home.
	But put all of that aside.
	The fact is that Delta, the suggestion was that if you got vaccinated against Delta, maybe it would prevent transmission.
	With Omicron, that's not even relevant.
	In fact, every single human is going to get Omicron, whether you are vaccinated or not.
	One of the unfortunate who now has come down with COVID.
	And it's no longer a moral test, right?
	The way that it was before, if you got COVID, it was a test of your strength, your faith in the authorities.
	Now, if you get COVID, it's just, you know, naturally living life.
	But the irrepressible, incredibly fresh, incredibly face, so fresh, so unbelievably face AOC has now tested positive for COVID-19.
	Because it turns out that COVID-19 just wanted to date her and was obsessed with her boyfriend's feet.
	That's the only reason that she got COVID-19.
	It's because COVID-19 really was into her boyfriend's feet.
	According to the New York Post, New York Congresswoman AOC has tested positive for COVID-19.
	She's recovering at home just over a week since she was spotted partying without a mask in Florida, according to her office on Sunday.
	Her statement said, Representative Ocasio-Cortez has received a positive test result for COVID-19.
	She is experiencing symptoms and recovering at home.
	The congresswoman received her booster shot this fall, encourages everyone to get their booster and follow all CDC guidance.
	Well, she didn't follow CDC guidance when she went out unmasked in Miami, did she?
	And now she's been punished with the COVID.
	Here's the thing, guys.
	If you get Omicron, particularly if you're vaccinated, you're going to be fine.
	So why are we still talking about shutting down all of society?
	According to the New York Post, the Progressive Squad member was photographed with boyfriend Riley Roberts sitting outside at the Zuraco Isakaya and Sushi restaurant on December 30th, sipping a cocktail, checking her phone.
	AOC's maskless winter getaway was criticized on social media because, of course, she decided to jet set down to Florida, where everybody is living free and easy, as opposed to staying up in the precinct that she has helped make a lockdown hellscape.
	The Sunshine State's Lieutenant Governor Jeanette Nunez chimed in saying, AOC's New York state of mind clearly doesn't belong in the free state of Florida, mask free, of course.
	And there she was hugging everybody and then she came down with the COVID.
	So obviously COVID has come for her.
	But again, the only reason that COVID is interested is because COVID wants to date her.
	Now here is the thing.
	The entire mentality of the left is now shifting with regard to COVID.
	Because now they're getting it.
	When it was just a bunch of red states getting it, then it was because they're bad.
	But if they get it, it's because they're good.
	And Omicron is going to hit everyone.
	And perhaps we should take measures that are more geared toward mitigation of some of the worst aspects of the virus without destroying the economy.
	You know, they're coming to all the conclusions that many of us came to back in like May of 2020.
	So here's Scott Gottlieb, former FDA commissioner.
	He's been pretty hawkish on COVID.
	He says, listen, first of all, let's just put it out there.
	This epidemic is going to be over inside of two weeks because it's been over everywhere inside of about a month.
	So it's already peaked in places like New York and Washington, D.C.
	If you look what's happening across the East Coast right now, New York City, Washington D.C., Maryland, probably Florida as well have already peaked, maybe Delaware and Rhode Island.
	You're going to start to see that in the statistics this week.
	You're going to start to see those curves, those epidemic curves bend down.
	You're already seeing that in New York City and Washington D.C.
	By the way, when there's all this talk about hospitalizations and the increase in hospitalizations, Gottlieb noted that the length of stay is down substantially.
	So the hospitalizations aren't even the same as the hospitalizations that were occurring with Delta.
	The average length of stay used to be four days.
	It is now 1.6 days, which means that people are going to the hospital, they're staying there for like 36 hours, and then they are out.
	Even the CDC is beginning to realize reality.
	According to Rochelle Walensky, quote, we must protect people with comorbidities from severe COVID-19.
	I went into medicine, HIV specifically and public health to protect our most at risk.
	CDC is taking steps to protect those at highest risk, including those with chronic health conditions, disabilities and older adults.
	Wait a second.
	Are you saying that we should shield the most vulnerable and let everybody else go about their lives?
	Because I seem to remember some people Saying that rather early.
	By the way, remember much maligned Sweden?
	Sweden was going to get everyone killed.
	Their shield, the most vulnerable, let everybody else live their lives.
	Policy with regard to COVID was going to get everybody killed.
	Sweden in 2021, which is a very deadly year around the globe for COVID.
	In 2021, Sweden had the best death rate in terms of COVID in Northern Europe.
	Why?
	Because everybody had natural immunity by the time that Delta actually hit.
	By the way, even Walensky is starting to relent on all sorts of aspects of this.
	It's fascinating to watch in real time as the entire narrative shifts when all of their friends get COVID.
	We'll get to that in just one second.
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	Alrighty, so.
	Rochelle Walensky, she is now admitting that there is a difference between hospitalization from COVID and with COVID.
	So many people were pointing this out last year, that every time somebody died, the question should have been whether they died from COVID or with COVID.
	Because if you were 90 years old and you had leukemia, and then you died and you had COVID because they tested you, did you die because of the COVID or did you die because of the leukemia?
	And it happens that you had COVID at the time.
	And we were told you're not even allowed to ask these questions.
	Well, now that the cases have spiked, there are a lot of people in the hospital Particularly children who are in the hospital not from COVID, but with COVID.
	There are a lot of kids who are going to the hospital with, say, flu or RSV.
	And then they are also testing positive for COVID, which means they're not there because of the COVID.
	Rochelle Walensky was asked about this.
	She says, oh yeah, we're gathering stats on that now.
	Weird that you guys didn't bother gathering stats on this over at the CDC over the course of the last two years.
	Do you know how many of the 836,000 deaths in the U.S.
	linked to COVID are from COVID, or how many are with COVID, but they had other comorbidities?
	Do you have that breakdown?
	Yes, of course.
	With Omicron, we're following that very carefully.
	Our death registry, of course, takes a few weeks to collect.
	And of course, Omicron has just been with us for a few weeks, but those data will be forthcoming.
	Oh, those data will be forthcoming.
	I'm glad that you're collecting them now.
	Weird that you haven't collected them over the course of the last two years.
	And when you realize what it is that the CDC has actually spent money investigating, and what they have not spent money doing or investigating, it really is incredible.
	So you've had all sorts of studies from the CDC about racial disparities in treatment of COVID.
	But how many studies have we had about the actual level of antibodies in the general population early on?
	Like how many people have actually had COVID?
	Do we even know that?
	Why wasn't the CDC doing any of that?
	Why was it left to private people in like Santa Clara County organizing private studies as to exactly how many people had gotten COVID?
	Well, how about the CDC stats on how many people have gotten this via transmission on airplanes?
	The CDC has provided no data.
	Like, the most practical aspects of this virus, the CDC has ignored the entire time, instead pursuing specifically political questions.
	And now that the politics of COVID have shifted against the lockdown fanatics, now all of a sudden they're like, you know what, maybe we should check out how many people died of COVID versus with COVID.
	It is incredible how much our public health establishment has blown itself out.
	The story of the last decade in American politics is every major institution in American society destroying its own credibility on the shoals of politics.
	It really is unbelievable.
	Everything from the AMA to the educational institutions of our nation, to the CDC, like every single area.
	That of institutional trust has been decayed, not by skeptics from the outside, but by people from the inside, who in order to fight those skeptics, have completely undermined all of their credibility and trust.
	It's absolutely insane.
	By the way, Rochelle Walensky admitted over the weekend, the killer app when it comes to the Joe Biden vax mandate.
	If the vax does not prevent transmission, there's no reason for a vax mandate.
	The entire basis for a vax mandate is that you have to keep the unvaxed away because the unvaxed can infect the vaxed or something.
	Or they can infect each other.
	You don't want that happening at work.
	That is the entire basis of the vax mandate.
	But if the vaccinated can also pass COVID, that is completely irrelevant.
	Here was Rochelle Walensky last night admitting that the vaccines don't actually stop transmission, which of course we all knew since all of our friends are getting COVID no matter how many times they've been vaxed.
	Our vaccines are working exceptionally well.
	They continue to work well for Delta.
	With regard to severe illness and death, they prevent it.
	But what they can't do anymore is prevent transmission.
	So if you're going home to somebody who has not been vaccinated, to somebody who can't get vaccinated, somebody who might be immunosuppressed or a little bit frail, somebody who has comorbidities that put them at high risk, I would suggest you wear a mask in public indoor settings.
	Okay, so forever, presumably, because Omicron is now an epidemic.
	I mean, it is now endemic, rather.
	Omicron's everywhere.
	So presumably, for the rest of your life, it is just going to be a risk that is out there.
	So, they've gone completely crazy.
	I mean, I have a 98-year-old grandmother.
	And my 98-year-old grandmother is in a facility, an assisted living facility.
	She's older.
	And they have locked her in her room.
	Like, full-on locked her in her room.
	It doesn't matter that she's been exposed to COVID 25 times over.
	They've now locked her in her room.
	Even though she is not immunosuppressed.
	Like, at a certain point, you're just gonna have to let people live.
	Because this is what it is.
	That is the end of the story.
	At least people should be given the choice as to whether or not they are allowed to see other people.
	It's totally crazy at this point.
	I mean, even Brian Stelter is mocking the CDC.
	Here's Brian Stelter over at CNN going, oh, wait a second, the CDC is bad at its job.
	I thought this was questioning the science.
	I thought that if you mock the CDC or made fun of anything the CDC says, this is questioning the science.
	Apparently you're allowed to do so now.
	So it's open season on all of the institutions that we were banned from even criticizing on social media for the last year and a half.
	Here's the Today Show.
	Here's Savannah Guthrie interviewing the CDC director, being very much in touch with the public, recognizing the CDC has turned into a punchline.
	It is so sad, but it's true.
	The CDC has turned into a punchline.
	Watch.
	All of this mixed messages, or new messages, has led to a meme on social media poking fun at the CDC's advice.
	Tweets like, CDC now recommends eating straight off the floor at Waffle House.
	The CDC now says it's in fact okay to eat Tide Pods.
	The CDC says go ahead and get bangs.
	You know, it's amusing.
	People letting off steam, of course, but is there a larger credibility problem with your agency right now?
	And the answer is yes, there's a huge credibility crisis.
	I don't know when Tucker Carlson inhabited the body of Potato Brian Stelter, but apparently that's a thing.
	Now, by the way, CNN is now reporting that Rochelle Walensky, who's been terrible at this since the get-go, and many of us have been criticizing her for being terrible at this since the get-go, Rochelle Walensky apparently is now in media training.
	Like, she literally has to have people come in and explain to her how to do media hits, which is kind of incredible for somebody who's the head of the CDC.
	CNN has learned Dr. Walensky is in media training.
	For months, she's been meeting with a consultant to improve communication skills.
	The well-regarded infectious disease expert had no government experience before President Biden appointed her, and has often seemed out of step with the White House and Dr. Fauci, leading to some abrupt and confusing changes in guidance.
	Now, Walensky's under fire for not following the CDC's own playbook for explaining new guidance.
	A Biden COVID advisor tells me the CDC has got to do a better job communicating what they're doing and why.
	And that has to happen quickly.
	Okay, my favorite thing here is the president of the United States being the CDC.
	They're really bad at comms.
	That's Joe Biden's White House.
	Joe Biden is not even alive.
	His comms consist of him stumbling out to a podium, saying several sentences in a row that seem to take the form of sentences, but don't actually have words that make sense in them.
	Sort of like a Lewis Carroll parody of grammar.
	And then stumbling off the stage before taking any questions.
	He's like, but we need to get, Rochelle Walensky, some media metronomization.
	Man, you know you've blown it when Joe Biden is recommending you get some media training.
	In just one second, we'll get to the continued panic over, oh, Macron, which is all politically driven from the left.
	We'll get to that in just one second.
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	Okay, so meanwhile in Chicago, it's fun to watch as the Democratic Party tears itself apart because half of the Democratic Party is still invested fully in lockdown and half the Democratic Party is like, guys, if we continue this, we are just going to get shellacked at the polls.
	So you have the Chicago Teachers Union now battling it out with Mayor Lori Lightfoot, who is a lockdown fanatic.
	The Chicago Public Schools canceled class for the fourth straight day on Monday.
	As negotiations continued with the Chicago Teachers Union, according to WLS, Chicago Public School has now canceled classes again.
	Monday marks the fourth straight day CPS students have been out of class.
	Mayor Lori Lightfoot spoke confidently all weekend about reaching a deal.
	No agreement has been reached despite both sides negotiating overnight.
	Here's what Mayor Lori Lightfoot had to say.
	About the Chicago's teachers union that seems to control her administration.
	What the Chicago Teachers Union did was an illegal walkout.
	They abandoned their posts and they abandoned kids and their families.
	We are working diligently every single day at the bargaining table to narrow the differences and to get a deal done.
	My team has been working every single day.
	They're back at it again here Sunday.
	They were at it yesterday.
	And we can get a deal done if there's goodwill on both sides.
	But fundamentally, what we cannot do is abandon the science.
	We know that the safest place for kids to be is in the morning in school.
	Well, welcome to the club, Lori Lightfoot.
	My God, they're all libertarians now.
	It's incredible.
	In its own statement on Sunday, the CTU said, quote, the union wants to reassure the parents and guardians of Chicago.
	We will remain at the bargaining table until we reach an agreement that will return us all to in-person learning safely and equitably.
	By equitably, they mean not safely or equitably, they just mean we get what we want.
	This comes after the union proposed Chicago teachers be in buildings this week, handing out digital devices and signing up students for COVID-19 testing in order to start remote learning on Wednesday, with the goal of returning to in-person instruction January 18th.
	January 18th.
	It is currently January 10th, by the way.
	This means that they just got a two-week vacation.
	Teachers said they want to be in school, but they believe that CPS schools need to ramp up testing like local private schools have.
	Okay, well, private schools should not be testing either.
	The reality is kids are going to get Omicron and we're all going to move on with our lives because everything is incredibly stupid.
	By the way, if Lori Lightfoot really wanted to do something with the CTU, this is an illegal strike.
	She said it's an illegal walkout.
	She should just say, every day you're not there, you're not getting paid.
	End of story.
	Done.
	And then we'll see how much people like not being paid and staying out of work.
	They can do that forever.
	Just say, we'll get some subs, we'll put them in the classroom, we'll hire them from out of state if need be, but we are not going to have our students sitting home because you dullards decide that you are deeply, deeply afraid of a virus that is going to kill precisely none of you since you're all vaxxed, presumably.
	And meanwhile, controversy continues to surround Novak Djokovic.
	Novak Djokovic, of course, is probably the greatest male tennis player of all time.
	It's a three-way battle between him and Roger Federer and Rafael Nadal.
	And Djokovic is on the verge of becoming the single greatest major winner of all time.
	And the Australian Open was really his best shot.
	He's 34 years old.
	That's the tournament that he tends to dominate.
	And so he wanted to head over to Australia and take that title.
	Well, the Australian authorities were like, you need to vax.
	He's like, well, hold up.
	I already have natural immunity.
	Plus, I may be the healthiest person on planet Earth.
	He literally tested positive for COVID in December.
	And then he tested negative and then got a medical exemption.
	And then a court basically held him up.
	He got a border travel permit and then he arrived in Melbourne late at night.
	And then his passport was immediately taken.
	He was escorted to a small room.
	He was interviewed by border control officials.
	His visa was cancelled by the Australian government.
	He was taken to a temporary detention facility at the Park Hotel in Melbourne.
	And then a judge decided to quash the cancellation of his visa.
	All of this is nuts.
	All of this, of course, is totally crazy.
	And Australia's immigration minister is still thinking about maybe cancelling his visa anyway after the court said that he could go in.
	Again, Novak Djokovic, by the way, the cases in Australia are out of control because Omicron cannot be controlled by the vaccine.
	It cannot be controlled in terms of its spread by the vaccine.
	This is perfectly clear.
	Rochelle Walensky just said it one second ago.
	But people are still panicked.
	Okay, so here is the thing.
	All of this is relevant to the fact that the Supreme Court had a hearing on Friday over Joe Biden's unconstitutional VAX mandates.
	So there are several reasons why Joe Biden's VAX mandates are unconstitutional via OSHA.
	Number one, the enabling statute for OSHA does not comprehend the ability of the federal government to simply do whatever it wants in workplaces.
	That's not what OSHA is for.
	OSHA was made for regulating the amount of asbestos in the workplace or making sure that you wear a hard hat if you work in a factory or something.
	OSHA was not meant to basically reduce all risk in every public place in American life simply because there's a virus out there.
	Nobody ever would have comprehended that OSHA could have, for example, a flu vax mandate.
	Nobody ever would have comprehended that.
	The notion of a VAX mandate with regard to workplaces via OSHA is crazy.
	Now, states have plenary authority in this area.
	States have police power in this area.
	Localities do.
	Which makes a lot of sense.
	Because again, the basic notion of American Republicanism A small R-Republicanism is that the more local the government is, the more that government is empowered to do because you have more homogenous communities who agree on more things.
	And as you abstract the government, as it becomes farther and further away from the local citizen, there's less agreement, which means that the federal government should do very little and the local government should do a lot.
	Well, the Joe Biden-Vaxx mandate does not comprehend that.
	They think that OSHA should do whatever it wants, even though the OSHA statute is incredibly vague.
	The truth is, the OSHA statute is probably unconstitutional on its face, just for its vagueness.
	So it's unconstitutional for that reason.
	It violates the precepts of federalism, and it happens to not be reasonably related to an actual policy goal, since the vaccines were not even stopping the transmission of Delta fully.
	Okay, so this came up for a hearing at the Supreme Court.
	We're going to get into all the details in just one second because it demonstrates how, for certain members of the Supreme Court, the Constitution not only does not matter, it is just completely dispensable.
	It's like a used mask.
	We'll get to that in just one second.
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	So, Supreme Court had its oral arguments on Friday.
	And I will say that there are some distinctions between the justices.
	The conservative justices still care about the Constitution of the United States.
	They still care about things like enabling statutes and the limits on them and the administrative state and how far the administrative state can go.
	They still care about things like the major questions doctrine.
	They still care about the federalism that is implicit in the Constitution of the United States and is actually written into the structure of it.
	They see the difference between a local government and a federal government.
	The folks on the left, not so much.
	So there are really three left-wing justices on the court at this point.
	That would be Elena Kagan, Justice Stephen Breyer, and Sonia Sotomayor.
	Justice Breyer is a far left figure, but Justice Breyer's basic take is that he likes the policy, and he thinks that the OSHA statute is vague enough to maybe squeeze it in.
	That is Justice Breyer's view.
	Elena Kagan's view is slightly different.
	She also says she likes the policy, and therefore the policy is kind of good.
	But she has a little bit more politics to it, which is that she will shift the nature of the Constitution to meet the policy.
	And then you have Sonia Sotomayor, who is just dumb.
	I'm sorry.
	She's a low IQ human being.
	Sonia Sotomayor is a fool.
	Kagan is not stupid.
	Breyer is not stupid.
	Sonia Sotomayor is dumb.
	She's a very stupid person.
	So Sonia Sotomayor was explicitly selected because, again, this is one of the problems with the sort of affirmative action approach of the left to politics.
	They selected Sonia Sotomayor because she was Latina, not just Latina.
	She had said she is a wise Latina.
	She said in a speech in 2001 at the University of California, Berkeley Law School, quote, I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life.
	Of course, that is asinine.
	The basic notion of constitutional law is that the Constitution is available to reason for any human being, and that you do not bring your personal life experiences to bear on the Constitution.
	Instead, the Constitution is a series of words that have meanings, and those meanings can be interpreted by anyone who has a prefrontal cortex.
	But she had boiled it down into a sort of racial essentialism that you see in critical race theory.
	And this came up at her confirmation hearings.
	She was confirmed nonetheless.
	In any case, Sonia Sotomayor said some of the dumbest stuff I've ever heard at a Supreme Court hearing.
	This was posted online, the audio was available online to listen to, and it was just insane.
	So here is Sonia Sotomayor just saying crazy nonsense about the VAX mandate and about the state of COVID in our society generally.
	We have hospitals that are almost at full capacity with people severely ill on ventilators.
	We have over 100,000 children which we've never had before in serious condition and many on ventilators.
	Um, no?
	That is not true.
	Those stats are just completely specious.
	She just made them up.
	She pulled them directly out of her colon.
	I don't know what she's listening to.
	Not even MSNBC is reporting that because it's simply not true.
	In fact, she got fact-checked four Pinocchios from Glenn Kessler at the Washington Post.
	I mean, that was such a bad and stupid remark that even Rochelle Walensky at the CDC had to chide Sonia Sotomayor for being so wildly off.
	Here was Rochelle Walensky from the CDC being like, yeah, that's not true.
	What we can find from Friday suggests there are fewer than 3,500 current pediatric hospitalizations from COVID-19.
	Is that true?
	Yeah, but you know, here's what I can tell you about our pediatric hospitalizations now.
	First of all, the vast majority of children who are in the hospital are unvaccinated.
	Okay, first of all, she tries to immediately swivel to the unvaccinated children.
	Okay, the fact is, the children who are getting very, very sick from COVID have serious pre-existing conditions in the first place as a general rule.
	Again, according to the CDC, that is her organization, fewer than 700 children have died since the beginning of the pandemic from COVID-19, and that includes all the people who are massively immunocompromised or have serious underlying health conditions.
	The grand total number of kids who are completely healthy who have died of COVID-19 is still in the low double digits.
	In any case, Sonia Sotomayor completely off base, but based on her completely inane understanding of COVID, she thinks this is a good idea.
	And that combines the completely inane understanding of the Constitution, which is to say she does not understand it.
	Here she was on Friday explaining she literally does not understand the difference between a local government and a federal government in the constitutional structure, which is like first year law school and or spending two minutes or beyond with the Constitution of the United States.
	If it's within the police power to protect the health and welfare of workers, you seem to be saying the states can do it.
	But you're saying the federal government can't, even though it's facing the same crisis in interstate commerce that states are facing within their own borders.
	I am not sure I understand the distinction why the states would have the power, but the federal government wouldn't.
	Because the states have more power than the federal government with regard to regulations like this and have had since the beginning of the republic.
	That's the answer.
	In fact, I would recommend to Justice Sotomayor that if she wants a full list of the things that the federal government can do, it's in this document.
	We call it the Constitution of the United States.
	It's a full list of what the government is allowed to do.
	And everything that's not in that list is something that the government is not allowed to do.
	That was the original concept of the Constitution.
	It's right there in the text.
	So I'd recommend that you take a look at it.
	But again, this just shows the wild disconnect between members of the left and the Constitution.
	So she, I'm not even sure she's read it.
	I mean, it's incredible.
	Or if she has, it's been a very, very long time because it's completely irrelevant to her.
	And then there's Elena Kagan.
	So Elena Kagan's take is slightly different, which is this policy is just really good.
	And because I like this policy and it's really geared towards stopping all of this, that means that it must be justifiable.
	I'll find some constitutional hook to to hang my hat on.
	So she's not going to spew outright disinformation the way that Sonia Sotomayor does because, again, I know Justice Kagan.
	She was the dean of the law school when I was at Harvard Law.
	She's not a stupid person.
	She's just a very motivated thinker.
	So here is Elena Kagan talking about the beauty of the VAX mandate.
	Why isn't this necessary to abate a grave risk?
	This is a pandemic in which nearly a million people have died.
	It is by far the greatest public health danger that this country has faced in the last century.
	More and more people are dying every day.
	More and more people are getting sick every day.
	I don't mean to be dramatic here.
	I'm just sort of stating facts.
	And this is the policy that is most geared to stopping all this.
	Okay, it is not the policy most geared towards stopping all of this.
	In fact, the evidence that this is the policy most geared towards stopping all of this does not exist, because it doesn't.
	It doesn't stop all this.
	By the way, it is not true that more and more Americans are dying every day.
	In fact, the number of Americans who have been dying every day has basically stagnated on a day-on-day level, and we've already hit the peak of this, as the information suggests.
	Meanwhile, Justice Breyer doing the same thing, right?
	The idea is, it's so bad, it's so bad, it's so bad, that any policy we decide to slap on it is good.
	Three quarters of a million new cases yesterday.
	Did you hear a constitutional argument there at all?
	Was there anything remotely about the Constitution, what Elena Kagan was saying?
	So for Sotomayor, the Constitution just does not exist.
	For Kagan, it exists, but we have to ignore it in times of emergency.
	Justice Breyer is kind of along the same lines.
	Is that what you're doing now to say it's in the public interest in this situation to stop this vaccination rule with nearly a million new cases every day?
	I mean, to me, I would find that unbelievable.
	You would find that unbelievable, except for the fact that the grand number of new cases, they are much, much, much milder.
	And again, it completely undercuts this case, because if the idea is that the vaccines were supposed to stop transmission, then why would a vaccine mandate do anything in the face of Omicron when clearly they did not stop transmission?
	Again, their entire case has been wrecked by Omicron.
	Omicron has completely destroyed whatever case there was on a rational level, but it's not about rationality for the left wing of the court, and particularly for Sotomayor.
	For them, it's just about the government should be able to do whatever it wants to do, and you should have no say in it whatsoever, and the Constitution is no barrier.
	So it used to be that the sort of loosest standard for constitutional review was rational basis review.
	The idea was that you had to at least demonstrate a rational reason why you were doing what you were doing.
	This vaccine policy does not even meet that standard.
	Because again, the vaccines are not preventing transmission.
	So the vaccine policy doesn't even meet those standards.
	According to the left, however, there no longer needs to be rational basis review.
	The question is just, does the government want to do a thing that sounds good to me?
	And if the answer is yes, then they get to do it.
	At no point does the Constitution actually play a role in this discussion.
	Meanwhile, for the right of the court, it's the opposite.
	Here is Samuel Alito, Justice Alito, saying, guys, can you explain to me when OSHA has ever done anything remotely like this before?
	I'm not saying the vaccines are unsafe.
	I'm not contesting that in any way.
	There is a risk, right?
	Has OSHA ever imposed any other safety regulation that imposes some extra risk on the employee?
	Okay, so the point he's making here is that typically an OSHA mandate is something like, you need to put on a hard hat.
	Hard hats do not have side effects.
	An OSHA mandate is, don't let asbestos be in the ceiling.
	Having asbestos in the ceiling does not have unintended positive effects on the people who are working there.
	However, if you tell somebody to get a vax, some people already have natural immunity, some people may get myocarditis, so that's the point that he is making.
	Meanwhile, Amy Coney Barrett asked, I think, an even more important question, which is, is there any limiting principle here whatsoever?
	When does the emergency end?
	When do you get to say that OSHA does not have this power?
	What exactly can't OSHA do?
	If the idea is that OSHA is allowed to do whatever it can to mitigate risk, not of transmission anymore, but to mitigate risk of people getting sicker than they normally would, what can't OSHA do?
	When does the emergency end?
	I mean, a lot of this argument has been about Congress's failure to act.
	Two years from now, do we have any reason to think that COVID will be gone or that new variants might not be emerging?
	And when, when must OSHA actually resort to its regular authority and go through notice and comment and not simply be kind of doing it in this quick way, which doesn't afford people the voice in the process that they're otherwise entitled to?
	See, this would be the question, okay?
	But you never hear actual legal questions from the left wing of the court, which just demonstrates, once again, that the Supreme Court for the left is just another tool of policy.
	For the right, they actually seem to care about the Constitution, which is why sometimes you get the right ruling in ways that the right doesn't like.
	The right of the court will sometimes rule in ways that the right would not prefer, because they will say that this violates basic constitutional precepts, because the role of the Supreme Court is different from the role of the legislature.
	It just boils down once again to the fact that for the left, everything is politics, and for the right, not everything is politics.
	Alrighty, in just one second, we'll get to the left maintaining that the true threat to elections is the right, meanwhile saying that illegal immigrants should vote.
	It's pretty astonishing stuff.
	First, with the ever-increasing number of car makes and models, it's pretty impossible to stock all the parts you need in a traditional chain storefront.
	So something breaks in your car, and you head on over to the local auto parts Store.
	And you ask them for the part.
	They are probably not going to have it.
	They're probably going to have to order it online and then upcharge you for the pleasure.
	Instead, why not just skip the middleman and go directly to rockauto.com?
	You've got it at home.
	You've got it in your pocket.
	Why would you choose to spend 30%, 50%, 100% more for the exact same auto parts at a chain store or a new car dealership?
	For example, a Delphi FG1456 fuel pump assembly for a 2005-2010 Honda Odyssey is $353 at Advance and $216 at RockAuto.com.
	So why not save money and save time?
	RockAuto.com, it's a family business serving auto parts customers online for 20 years.
	Head on over to RockAuto.com, shop for auto and body parts from hundreds of manufacturers.
	They've got everything from engine control modules and brake parts to tail lamps, motor oil, and even new carpet.
	Whether it's for your classic or daily driver, get everything you need in a few easy clicks delivered directly to your door.
	That rockauto.com catalog is unique.
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	Best of all, the prices are really, really low.
	Go to rockauto.com right now, see all the parts available for your car or truck, and write Shapiro in their How Did You Hear About Us box so they know that we sent you.
	Alrighty, in just one second, we'll get to New York City granting voting rights to non-citizens.
	I mean, wow.
	We'll get to that in a moment.
	First, when everyone else is kneeling, some people have the courage to stand alone.
	One of those men is NBA star Jonathan Isaac, who despite facing heavy criticism from the media for his views on social issues and vaccines over the past few years, he still stood strong.
	I am super pumped to announce that we have decided to do a book with Jonathan, and Jonathan has decided to do a book with us.
	It is called Why I Stand.
	Jonathan's book will be about the rise of his basketball career, his journey into faith, his strength to stand alone in the face of immense pressure.
	Check out this teaser.
	The Orlando Magic's 23 year old starting forward is deeply religious and proudly unvaccinated.
	On Friday, Isaac got attention for choosing not to kneel in unison with his teammates or to wear a Black Lives Matter shirt.
	My name is Jonathan Isaac.
	I play for the Orlando Magic and I'm writing a book with The Daily Wire.
	Courage does not mean the absence of fear.
	And in today's day, there are so many things that you can be afraid of facing because of believing what you believe or deciding to stand for what you believe in.
	And I believe this book gives you a blueprint of my story, of how crisis made the difference in my life.
	from a young kid who struggled with fear, anxiety, self-insecurity, to a man willing to stand for what he believes in.
	Jonathan's book is going to be one of the very first under the Daily Wire's new publishing arm, DW Books.
	We could not be happier to have him on board.
	The book is available right now for pre-order at Amazon.
	It's a great book.
	Jonathan is truly an American hero.
	I mean, talk about somebody who stood up to pressure while the rest of the NBA was kneeling to protest supposed systemic American racism.
	Jonathan Isaacs was standing, and he was standing with the American flag.
	Go pick up a copy of your book today over at Amazon.
	Go check it out, Why I Stand.
	you're listening to the largest, fastest growing conservative podcast and radio show in the nation.
	All right, so meanwhile, the left has spent the last week suggesting that democracy in America is And it's in danger because of those evil Republicans and their willingness to throw out votes and overthrow election processes.
	Ezra Klein has an entire article in the New York Times talking about the evils of Republicans.
	His book, his piece is titled Steve Bannon is onto something.
	Why?
	Because Steve Bannon has talked about the fact that Republicans need to do politics locally.
	So, Ezra Klein says, there are people for the Democrats working on a Plan B. This week, I half-jokingly asked Ben Whitler, the chairman of the Wisconsin Democratic Party, what it felt to be like on the front lines of protecting American democracy.
	He replied, dead serious, by telling me what it was like.
	He spends his days obsessing over mayoral races in 20,000 person towns because those mayors appoint the city clerks who decide whether to pull the drop boxes for mail-in ballots and small changes to electoral administration could be the difference between winning Senator Ron Johnson's seat in 2022 and having a chance at democracy reform and losing the race and the Senate.
	Wickler is organizing volunteers to staff phone banks to recruit people who believe in democracy to serve as municipal poll workers.
	Because Steve Bannon has made it his mission to recruit people who don't believe in democracy to serve as municipal poll workers.
	And then Ezra Klein says that the right is suddenly very good at local politics, which is kind of shocking considering that the right has been terrible at local politics for at least two generations and probably longer.
	In any case, notice how Ezra Klein characterizes this.
	If you are a Democratic mayoral candidate and you want to put drop boxes, which are inherently less verifiable than, for example, polling booths, if you want to do that, this makes you pro-democracy.
	If you don't want the drop boxes because you fear that those are COVID temporary installations that should go away.
	So you should actually have to go in and register to vote.
	And you should actually have to show your ID, for example.
	This means that you are bad.
	And the left wants to broaden out the number of people who can vote.
	And they want to get rid of a lot of the voter verification methods that Republicans have been pursuing.
	As Recline says, the Republicans are trying to suppress the vote.
	Quote, voter suppression is happening at every level of government here in Georgia, says Representative Nekima Williams, who chairs the Georgia Democratic Party.
	We have 159 counties, and so 159 different ways boards of elections are elected and elections are carried out.
	So we have 159 different leaders who control election administration in the state.
	We've seen those boards restrict access by changing the number of ballot boxes.
	Often our black members on these boards are being pushed out.
	Well, I mean, you'd have to show that they're being pushed out because they're black and not just because they disagree with you, that all the COVID pandemic procedures, which were supposed to be temporary, are now being gotten rid of, and that that's somehow some sort of horrible thing for democracy.
	Again, none of these things that the Democrats are now talking about is deeply necessary for the business of democracy.
	We're present in 2008 when Barack Obama swamped the ballot boxes and won a blowout election, and then won re-election in 2012.
	None of this stuff existed.
	But according to Ezra Klein, we have to rig the elections so they don't rig the elections.
	It's basically the idea.
	This is how much we care about democracy, is that we need to put in place all these procedures that are less verifiable.
	So he quotes a couple of particular cases.
	He says, Gabriela Cesares Kelly was a member of the Tohono O'odham Nation, agreed to staff a voting registration booth at a community college where she worked in Pima County, Arizona.
	She was stunned to hear the stories of her students.
	We keep blaming students for not participating, but it's really complicated to get registered to vote if you don't have a license.
	The nearest DMV is an hour and a half away and you don't own a car, she said.
	Well, somehow 155 million Americans came up with the ability to vote in the last election cycle.
	So instead, she decided that she was going to work on specifically following up with specific people.
	So for example, the example she gives is that certain people who work for the county recorder's office could work with the postmaster's office to put registration forms in tribal postal offices or not.
	When it called to voter verify a ballot and heard an answering machine in Spanish, it could follow up in Spanish or not.
	Well, I mean, that works in reverse as well.
	If you're specifically only calling up people who have an answering machine in Spanish, and then you only follow up with those people, it could work that way too.
	Like, again, at a certain point, you're going to have to assume that the average comes out in the wash.
	This is why it's so amazing to hear the left complain that the right is undermining elections while they consistently undermine the veracity of elections.
	If we don't get our way, the election is corrupt.
	Again, this would have happened in 2020 if Donald Trump had won.
	The left would have been the one rioting.
	This was the great fear leading up to the 2020 election.
	The great fear leading up to 2020 is that Donald Trump had been declared winner on November 4th.
	Just go back in time and you'll remember this.
	And there'd be widespread riots across the United States.
	January 6th was the best thing ever to happen to the left because it was a right-wing riot.
	But the real worry leading up to November 4th, leading up to the election, was that if Democrats didn't get their way, they would declare the election illegitimate and blame the Postmaster General, and blame Trump for rigging the ballot boxes, and blame people like Brad Raffensperger in Georgia for rigging the thing.
	After all, Democrats have been claiming this since 2000.
	Now, the giveaway is pretty obvious here.
	The giveaway is that in New York City, Democrats have now made it possible for 1 million non-citizens to vote.
	So if you are worried about Democrats broadening the vote to people who really should not be voting, they're kind of doing it in broad daylight in New York City.
	According to Breitbart, up to 1 million non-citizens living in New York City will have access to the ballot box after Mayor Eric Adams on Sunday approved legislation by the City Council to automatically become law.
	So in other words, a bunch of people who are not actually bound by American law because they're illegal immigrants, A bunch of people who are not paying, for example, federal income tax, unless they've stolen a social security number.
	Those folks now get to vote in local elections in New York City.
	Adam said in a statement, I believe New Yorkers should have a say in their government, which is why I have and will continue to support this important legislation.
	So I have a question.
	What's the limiting principle?
	Why wouldn't Democrats nationally think this applies?
	Why wouldn't they be attempting to get maybe 15, 20 million illegal immigrants in the country currently to just have the vote?
	And why is that not some sort of corruption of the electoral process?
	You have millions and millions of Americans who are voting based on the fact that they pay income tax and are subject to all of the nation's laws.
	And then you have tens of millions of people who, theoretically, the Democrats would want to vote while they don't pay full federal income tax, for example.
	Eric Adams said, while I initially had some concerns, I had a productive dialogue with my colleagues in government to put those concerns at ease.
	I believe allowing the legislation to be enacted is by far the best choice and look forward to bringing millions more into the democratic process.
	According to the left, the way that the democratic process works is that the democratic process is all about every single human, whether they ought to vote or not, being allowed to vote.
	More than a dozen communities across the United States already allowed non-citizens to cast ballots in local elections, including 11 towns in Maryland and two in Vermont.
	The measure enables non-citizens who have been lawful permanent residents of the city for at least 30 days.
	30 days!
	As well as those authorized to work in the U.S., including so-called DREAMers, to help select the city's mayor, city council members, borough presidents, comptroller, and public advocate.
	You think all those folks are going to be in favor of strict immigration law?
	The suggestion that Democrats are in favor of allowing a lot of people to enter the country illegally so they can shift to voting, it's hard to see how these folks are very much in favor of American citizens having priority in the vote when they are literally prioritizing non-American citizens voting in local elections.
	And the idea that shoring up elections is a high priority to Democrats is obviously untrue.
	The right has been suggesting now for months something called a revision of the Electoral Count Act.
	You remember, the Electoral Count Act of 1887 is kind of vague in its specifics.
	It allowed for a bunch of confusion inside the right wing, particularly in 2020, over whether the Vice President of the United States could simply reject votes.
	Now the answer is no, but the ECA is kind of unclear.
	According to Dan McLaughlin writing for the National Review, the ECA's current language represents the chief point of vulnerability that turned Donald Trump's campaign against the 2020 election into a riot at the Capitol last January 6th.
	The two most alarming aspects of the aftermath of 2020 were closely related.
	One was Trump's effort to pressure state governors, state legislatures, Mike Pence, and members of Congress to reject Biden electors chosen by statewide popular vote and substitute Trump electors chosen by state legislatures.
	A revised ECA could address this particular danger and avoid a repeat of last January 6th in future elections.
	It would do so by clarifying that the VP cannot unilaterally reject electors, by precluding states that select electors by popular vote from refusing after the fact to recognize electors chosen by that vote, and by raising the vote thresholds to make objections to electors and reject state of electors Slates of electors certified by a state governor.
	So this could be cleared up.
	So you would imagine that Democrats would want to support that, right?
	I mean, it would prevent things like the argument that the election was illegitimate and that you could have alternative slates of electors created by state legislators.
	Like, they should be in favor of this, right?
	Nope.
	Kamala Harris came out against it over the weekend.
	Here is VP Harris.
	Because it's not a solution to the problem at hand, which is that right now in the United States of America, we need federal laws that guarantee the freedom and right of every American to have access to the ballot, to be able to vote.
	The John Lewis Voting Rights Act, the Freedom to Vote Act address that issue.
	And those are the issues that are present and that are imminent and that are Really dispositive, frankly, of this moment in time in terms of whether we are going to fight for some of the most important pillars of a democracy, such as the freedom to- She's ridiculous.
	Okay, these people are ridiculous.
	They clearly are not interested in the pillars of democracy.
	They don't even want to reform the Electoral Counts Act to prevent the kind of arguments that Trump was making post-November 4th.
	They don't care about democracy.
	They want illegal immigrants to vote and they don't care about reforming the ECA.
	All they want is to reform the voting procedures to allow for more people to vote illegally, to allow for the possibility of voter fraud, and to essentially corrupt the voting procedures across the nation through things like ballot harvesting.
	That's what they actually want.
	And if they don't get their way, they say that democracy is being undermined.
	Just demonstrates how full of absolute crap they are.
	Alrighty, we'll be back here later today with an additional hour of content.
	In the meantime, go check out our newest podcast, Morning Wire.
	On today's episode, they report a new study showing how the pandemic is impacting babies.
	That episode is available right now on Apple, Spotify, or wherever you listen to podcasts, so make sure to tune in.
	I'm Ben Shapiro.
	This is The Ben Shapiro Show.
	Editing is by Adam Sajovic, audio is mixed by Mike Koromina, hair and makeup is by Fabiola Cristina, production assistant Jessica Crand.
	The Ben Shapiro Show is a Daily Wire production, copyright Daily Wire 2022.
	John Bickley here, Daily Wire Editor-in-Chief.
	Wake up every morning with our show, Morning Wire.
	On today's episode, teachers resign amid ongoing COVID controversies, a new study shows how the pandemic is impacting babies, and unvaccinated Novak Djokovic squares off against the Australian government.

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