The Charlie Kirk Show - A-Once-In-A Generation Political Re-Alignment
Aired: 2022-01-17
Duration: 35:40


=== Big Win For Parents (01:43) ===

[00:00:00]  Hey everybody, today in the Charlie Kirk show, a big win for parents.
[00:00:03]  The Parents Party is able to put points on the board.
[00:00:06]  Really good news story.
[00:00:08]  And also, are we living through the greatest political realignment of a generation?
[00:00:12]  That and so much more.
[00:00:13]  Please consider emailing us your thoughts as always freedom at charliekirk.com.
[00:00:17]  And if you want to support our show, go to charliekirk.com/slash support.
[00:00:21]  That's charliekirk.com/slash support.
[00:00:23]  Get involved with turning pointusa day at tpusa.com.
[00:00:26]  And we're also joined by Kelly Shackleford, firstliberty.org.
[00:00:29]  Buckle up, everybody.
[00:00:30]  Here, we go.
[00:00:31]  Charlie, what you've done is incredible here.
[00:00:33]  Maybe Charlie Kirk is on the college campuses.
[00:00:35]  I want you to know we are lucky to have Charlie Kirk.
[00:00:38]  Charlie Kirk's running the White House, folks.
[00:00:42]  I want to thank Charlie.
[00:00:43]  He's an incredible guy.
[00:00:44]  His spirit, his love of this country, he's done an amazing job building one of the most powerful youth organizations ever created.
[00:00:51]  Turning point USA.
[00:00:52]  We will not embrace the ideas that have destroyed countries, destroyed lives, and we are going to fight for freedom on campuses across the country.
[00:01:01]  That's why we are here.
[00:01:04]  Brought to you by the Loan Experts I Trust, Andrew and Todd at Sierra Pacific Mortgage at AndrewandTodd.com.
[00:01:12]  It is Martin Luther King Day, so some people take today off, but we are in the chair and we are hosting live, and there's a lot to get to.
[00:01:20]  You can email us your thoughts as alwaysfreedom at charliekirk.com.
[00:01:22]  And we have received such overwhelming response for our white coat summit that we did with Dr. Martinson and Dr. Pierre Corey.
[00:01:33]  You guys can check that out on the Charlie Kirk Show podcast, one of the top podcasts out there on the planet right now.
[00:01:39]  You guys can check it out on the Charlie Kirk Show podcast feed.

=== Virginia Political Realignment (09:37) ===

[00:01:43]  One of the themes that we have been hitting here on this show is over the last calendar year, from January of 2021 to today, you've seen the rise of the citizen and the fall of the regime.
[00:01:57]  We have seen regular moms and dads show up to school board meetings across the country, get criminalized by the Department of Justice, be called domestic terrorists.
[00:02:05]  But it created this robust, bottom-up, grassroots political movement that the ruling class and the people that run the country that want to turn you into serfs or subjects were totally surprised by.
[00:02:24]  They were taken back.
[00:02:26]  They couldn't quite comprehend why parents cared so much about their kids' education.
[00:02:32]  Now, because of the lockdowns that society decided to enact as a response to the Chinese Fauci coronavirus, parents across the country for the first time decided to get engaged and get involved in school board races and elections over the last year.
[00:02:53]  This is part of the rise of the citizen.
[00:02:56]  2021 did not have many elections, but there was one in particular that started to surface as a potential climax, as a potential testing point of all these different political trends that we started to see in April and May and June of last year.
[00:03:14]  Businessman Glenn Young was running for governor of Virginia.
[00:03:20]  He was running up against Clinton Operative and former governor of Virginia, Terry McAuliffe.
[00:03:25]  And Glenn Young was down nearly double digits in the polls, 12 to 15 points.
[00:03:29]  Some polls had him down.
[00:03:31]  It seemed as if Terry McAuliffe was going to have an easy waltz to the governorship.
[00:03:35]  There'd be no questions asked, and Republicans would lose yet again in the ever-increasing blue state of Virginia.
[00:03:44]  Of course, moms and dads rose up in record numbers.
[00:03:48]  Loudoun County was tighter than ever before.
[00:03:51]  The strong conservative areas got behind Yunkin, and Yunkin was elected governor of Virginia.
[00:03:59]  Now, we celebrated that victory that night.
[00:04:01]  We did a whole live stream that evening.
[00:04:03]  It was a massive win against the regime.
[00:04:06]  It was a win for parents, the parents' party that is ever increasing and strengthening in numbers.
[00:04:12]  It was a win for those of us that care for educational mobility and school choice, vouchers, and especially the fight against critical race theory.
[00:04:24]  Now, in the weeks that followed Glenn Young's election, there were a lot of articles that were suggesting that Glenn Young was going to go the way of Mitt Romney, that he was going to go straight towards the middle, that Glenn Young was going to betray his campaign promises, and he said one thing on the trail, and he was going to do another.
[00:04:43]  And honestly, I was starting to see a pattern that I had seen far too often amongst many politicians.
[00:04:50]  A politician that will use the energy, use the deciding factor of the conservative base to try to get political power and then completely discard them once he believes or she believes they have maximized their utility.
[00:05:07]  I've been in kind of a wait-and-see approach to kind of see what is Youngkin going to do when he actually takes office.
[00:05:13]  Well, on Saturday, Glenn Young was sworn in as governor of Virginia.
[00:05:19]  Immediately, Glenn Young went to signing executive orders aimed at keeping key campaign pledges.
[00:05:25]  I'm reading from CharlieKirk.com to push back on highly divisive critical race theory and to investigate Loudoun County public school members and officials.
[00:05:36]  Glenn Young, within minutes of becoming governor, he decided to do what so Republicans hesitate to do, which is to fulfill on your campaign promises.
[00:05:46]  Number one, Glenn Young has banned all uses of critical race theory in public education in Virginia.
[00:05:54]  To restore excellence in education, Glenn Young signs an executive order ending the use of divisive concepts, including critical race theory in public education.
[00:06:02]  Number two, Glenn Young has said to empower Virginia parents, again, it's this kind of theme of the parents' party in their kids' education.
[00:06:12]  It is now the rule in Virginia to allow parents to make decisions on whether their kids should wear a mask in schools.
[00:06:19]  Mask mandates for children are dead in Virginia.
[00:06:23]  To restore confidence and integrity in the parole board of the Virginia comment on the Commonwealth of Virginia.
[00:06:29]  Not exactly sure if that one is relevant to the theme we're talking about, but it sounds interesting.
[00:06:35]  The next one, to investigate wrongdoing in Loudoun County.
[00:06:39]  Remember the covering up of the father who came and complained about his daughter that was raped, the 14-year-old daughter, and then they reassigned the male student who raped again?
[00:06:48]  Glenn Young is wasting no time.
[00:06:49]  He is doing a full investigation into that.
[00:06:52]  Now, maybe someone could explain to me why Glenn Young decided to dress like Leonardo DiCaprio from Django Unchained.
[00:06:59]  I don't quite understand the wardrobe selection.
[00:07:03]  I don't have Twitter or any of that.
[00:07:04]  Maybe the internet has already figured that out, but it's a spitting image, almost identical.
[00:07:09]  Next, Glenn Young is saying Virginia is open for business, no more lockdowns.
[00:07:16]  And now, then a couple to prevent human trafficking and support, provide support for survivors.
[00:07:21]  And then finally, there is a commission to combat anti-Semitism.
[00:07:25]  And then finally, to withdraw from regional greenhouse gas initiative, which is to push back against the green energy lobby that Terry McAuliffe and Governor Ralph Northam and many others tried to institute in Virginia.
[00:07:42]  What Glenn Young told us day one should be a shot in the arm.
[00:07:46]  It should be reinforcement.
[00:07:47]  It should be encouragement for all you parents out there.
[00:07:51]  That he listened to you, and not only did he say the right things on the campaign trail, but day one, he says, mask mandates are done, critical race theory is done, I'm investigating Loudoun County, I'm going to crack down on this greenhouse gas, green energy nonsense in Virginia.
[00:08:09]  This is winning everybody, not just winning elections, but actually meaningfully and measurably improving the states that you live in.
[00:08:20]  Glenn Youngkin was pressed about banning CRT in schools, and he, in a very articulate way, doubled down on it.
[00:08:28]  Please play CUT 20.
[00:08:30]  School systems, we're not going to teach our children to view everything through a lens of race.
[00:08:36]  Yes, we will teach all history, the good and the bad, because we can't know where we're going unless we know where we have come from.
[00:08:44]  But to actually teach our children that one group is advantaged and another is disadvantaged simply because of the color of their skin cuts across everything we know to be true.
[00:08:55]  And the immortal words of Dr. Martin Luther King ring in our ears that we must judge one another by the content of our character and not the color of our skin.
[00:09:03]  This is what will be the founding principle of our executive order, what we're going to do in Virginia schools.
[00:09:08]  It's Martin Luther King Day, and Glenn Youngkin is right to take the moral high ground of the challenge that Martin Luther King put forward.
[00:09:17]  Glenn Youngkin is doing what he said he is going to do, what he's going to do, which I think should be a great sign for those of us that might be a little apprehensive, myself included, about some Republicans that we might elect to Congress coming into November and what they might do once they go to D.C.
[00:09:35]  Today, those of you that are members of the Parents Party, that are members of a constitutional reset that are trying to create or try to recreate a society that you grew up in where you don't care about the color of people's skin, you care about the content of their character.
[00:09:50]  Virginia has just moved in the right direction.
[00:09:53]  And Virginia can be the next Florida if he pushes.
[00:09:56]  Now, here's why Youngkin cannot run for reelection.
[00:10:01]  So he can just do whatever he wants.
[00:10:03]  And I think people are going to rally behind him.
[00:10:06]  And I think he's going to move the Overton window and move Virginia.
[00:10:09]  If he keeps this up, if he doesn't become a typical Chamber of Commerce, weak need Republican, he can move Virginia from a blue state to a purple state to maybe right in the middle.
[00:10:20]  And that takes leadership, but also it's because of you.
[00:10:24]  It's a manifestation and a reflection of the people.
[00:10:27]  And that should give you hope.
[00:10:30]  It's a new year and not much has changed.
[00:10:33]  Houses are selling in an instant.
[00:10:35]  Interest rates are at zero.
[00:10:36]  Our government is still borrowing and printing money, and $5 trillion of new make-believe money is out there.
[00:10:42]  What could go wrong?
[00:10:43]  Well, a lot.
[00:10:44]  Meanwhile, consumer confidence, 10-year low.
[00:10:46]  Inflation, 6.8%, with parts of the United States seeing rates as high as 8%.
[00:10:50]  Something is not adding up.
[00:10:51]  So what can you do?
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=== Democrats Lose Support (05:44) ===

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[00:11:38]  So, I do want to get into the new revelations of how much money Anthony Fauci made, but actually, as a better story to kind of complete the point about the Parents Party, is a once-in-a-generation seismic shift, a realignment is occurring in American politics.
[00:11:53]  You are living through a political realignment.
[00:11:58]  So, Gallup does these polls every quarter about United States political affiliation.
[00:12:05]  Do you lean or do you identify with Republicans or Democrats?
[00:12:11]  So, one year ago, in the first quarter of 2021, 49% of Americans that were polled say they more identify, they sympathize more with Democrats than with Republicans.
[00:12:25]  40% Republicans, 49% Democrats.
[00:12:30]  Let me say that again.
[00:12:31]  49% Democrats, 40% Republicans.
[00:12:34]  That's one year ago.
[00:12:37]  In the second quarter of 2021, Republicans were at 43%, and Democrats did not move.
[00:12:45]  They were still at 49%.
[00:12:47]  That's probably because some Republicans might have been a little sour about January 6th or kind of what happened, how we lost the Georgia Senate runoffs, and they were done.
[00:12:57]  But they came back home, and we saw that in a variety of different types of numbers.
[00:13:01]  But Democrats did not lose any support from the first quarter of 2021 to the second quarter of 2021.
[00:13:10]  49 Democrats, 43 Republicans.
[00:13:13]  In the third quarter of 2021, of last year, all of a sudden we saw a tightening that was almost inexplicable.
[00:13:22]  We saw Democrats go sharply down from 49% of Americans that strongly identify or lean identify or strongly identify as Democrats to 45 and 44 Republicans.
[00:13:37]  So it starts the year at 49.40, Democrats in the lead.
[00:13:41]  And then by the third quarter, it's 45.44.
[00:13:46]  And how did it end up?
[00:13:47]  Well, the last poll that was conducted at the end of this last year, by the way, the sample size for these are 12,000 randomly sampled U.S. adults.
[00:13:59]  And this information, this data correlates perfectly.
[00:14:03]  It fits seamlessly into the approval rating data of Joe Biden.
[00:14:07]  Now, this article was published today, January 17th.
[00:14:11]  How is it now?
[00:14:13]  Today, 47% of Americans identify with Republicans, 42% with Democrats.
[00:14:20]  Look at that chart.
[00:14:21]  That chart right there is the rise of the citizen and the fall of the regime.
[00:14:26]  Exactly what we've been talking about.
[00:14:28]  That's a collapse.
[00:14:29]  That is a seven-point collapse by Democrats and a seven-point spike by Republicans over the course of a year.
[00:14:37]  You could take that down.
[00:14:38]  Now, the significance of this is Republicans almost never win on the party preference or party affiliation, almost never.
[00:14:46]  Even on a generic ballot, if Republicans are down a couple points, that usually means Republicans are going to do well.
[00:14:52]  Republicans traditionally do not do well on the generic ballot.
[00:14:56]  Why?
[00:14:56]  Democrats get oversampled, urban cities, inner cities, heavy Democrat pockets, turnout, Republicans less likely to tell pollsters who they are.
[00:15:04]  So it's probably even more dramatic than this.
[00:15:07]  It's probably even more dramatic that Republicans, 47, Democrats, 42.
[00:15:13]  This is a dumpster fire for the Democrats.
[00:15:16]  Some people, including Steve Bannon, thinks that this could be a generational realignment that could displace the Democrats from power, a near extinction event for the Democrat Party.
[00:15:29]  A once-in-a-generation metaphorical asteroid, for those of you that watch Netflix, don't look up, you know what I'm talking about.
[00:15:35]  Once-in-a-generation asteroid that could come in and destroy the entire Democrat Party and put them into total and complete irrelevancy.
[00:15:43]  Now, I'm not there yet.
[00:15:45]  I'm not there because Republicans don't control the FBI, the CIA, Harvard, Google, the New York Times, Twitter, Goldman Sachs, Citibank, Amazon, or the biggest corporations, or the internationalist organizations from the World Health Organization to the World Economic Forum.
[00:16:03]  So, I'm not there yet.
[00:16:03]  However, what this does show is that the people are not going to buy what Democrats are selling anymore.
[00:16:10]  Basically, Democrats have built their coalition out of people that are strictly and firmly ideological Democrats.
[00:16:16]  People that are pro-abortion, no matter what you say, they are aggressive environmentalists, no matter what argument you make, no matter what, they have a dogmatic position that they are going to stick to.
[00:16:27]  We know that does not win elections.
[00:16:29]  Instead, what wins elections is you motivate your base, you grow your base, and if you're able to peel away 3 to 5% of people in the middle, you're able to win an election.
[00:16:41]  47% of Americans identify favorably with Republicans, 42% of Democrats.
[00:16:46]  And by the way, this is before inflation really starts to kick in this year and other major headwinds that Democrats have to face.
[00:16:54]  You might be living through a once-in-a-generation political realignment.
[00:17:00]  Everybody, I know you love freedom and you want to defend it.

=== Once-In-A-Generation Shift (02:26) ===

[00:17:04]  And I know you love the Constitution, and so do I.
[00:17:07]  It's the same with the wonderful Hillsdale College.
[00:17:10]  College means partnership.
[00:17:12]  And I wonder how many people out there are upset that their college is no longer in partnership with them.
[00:17:18]  It's something really to think about.
[00:17:20]  Well, Hillsdale College, the last college, the beacon of the North, they are pursuing their mission of truth, of pursuing truth, and defending liberty.
[00:17:28]  It gives their wonderful graduate, undergraduate students the best education, and it is working to make education available to all.
[00:17:35]  I've visited Hillsdale many times.
[00:17:36]  I am blown away by what they are doing there.
[00:17:40]  There's not a college like it, truly.
[00:17:41]  Dr. Larry Yarn has done an exceptional job.
[00:17:44]  And by the way, they offer free online courses to help support great K-12 schools.
[00:17:49]  I have taken 11, I've completed, I should say, 11 out of 27 of their online courses.
[00:17:54]  By the end of this calendar year, I plan to have all the online courses completed fully.
[00:17:59]  It's a lot of work, but things that are beautiful require work.
[00:18:03]  Things that matter require work.
[00:18:05]  So take the courses alongside me.
[00:18:06]  I've taken their Aristotle course, their Churchill course.
[00:18:09]  I just am finishing their Theology 101 course.
[00:18:12]  I finished the Western Heritage course.
[00:18:14]  That was a tough one, not going to lie.
[00:18:16]  Public policy, public policy from a constitutional standpoint, Constitution 101.
[00:18:22]  They're wonderful courses that really teach you how to think.
[00:18:24]  Their Genesis course is really interesting.
[00:18:27]  But I want to tell you about Hillsdale's free monthly speech digest of liberty.
[00:18:30]  It's called Emprimus.
[00:18:31]  Over 6 million households and businesses receive Emprimus, Charlie Kirk show included, for free each month.
[00:18:38]  And you can join them by subscribing at charlie4hillsdale.com.
[00:18:41]  There are no strings attached.
[00:18:43]  Generous donors who love freedom make it possible for Hillsdale to send Emprimus to you for free.
[00:18:49]  Emprimus is one of my favorite publications.
[00:18:51]  It's short, smart, useful, and fun.
[00:18:54]  Start receiving your free copy of this great digest of liberty, totally free of some of the best commentary out there.
[00:19:00]  Visit charlie4hillsdale.com.
[00:19:02]  That's charlieforhillsdale.com.
[00:19:04]  And while you're at it, enroll in an online course, charlieforhillsdale.com.
[00:19:11]  With us right now is Kelly Shackelford from FirstLiberty, FirstLiberty.org, a friend of mine.
[00:19:15]  And First Liberty does amazing work.
[00:19:17]  He's the president and CEO of the First Liberty Institute.
[00:19:21]  And he is on top of what's happening at the Supreme Court because we got so many questions.
[00:19:25]  Email to us, freedom at charliekirk.com.
[00:19:27]  And Kelly also has some other cases that I want to go through with him.

=== Supreme Court Ruling Analysis (15:09) ===

[00:19:30]  Kelly, welcome back to the Charlie Kirk Show.
[00:19:32]  Happy to do it, Charlie.
[00:19:34]  All right, Kelly, summarize the rulings we got last week.
[00:19:37]  Two parts, one OSHA, one Medicare, healthcare, workers.
[00:19:43]  Kind of make sense for it for our audience.
[00:19:47]  OSHA was the bigger of the two, but they're both important.
[00:19:51]  But if people don't know what OSHA is, OSHA is a federal agency that was created 50 years ago to make sure that there weren't like that there was some ability to stop really dangerous situations in the workplace.
[00:20:05]  And so they have the ability to, you know, tell you that you're not doing something and therefore help protect workers around the country.
[00:20:14]  So they have a provision.
[00:20:16]  What you typically do if you're going to change a rule at OSHA is you have to go through a long process.
[00:20:23]  You have to allow people to make comments on your proposed rule.
[00:20:26]  Because what you find is that the government often makes a lot of dumb mistakes.
[00:20:30]  And if people can't comment and say, hey, you're about to do something really bad here, then we don't end up with the best rule.
[00:20:36]  But there is an exception.
[00:20:38]  It's an emergency temporary exception.
[00:20:42]  And it's been tried 10 times.
[00:20:45]  And of those times, it was challenged six.
[00:20:48]  It was only upheld once.
[00:20:50]  So this is a really extreme thing.
[00:20:52]  This is what they tried to do with COVID, with the pandemic.
[00:20:59]  They waited over a year, and then all of a sudden it became an emergency.
[00:21:04]  And then what they did is they passed a rule.
[00:21:06]  This was obviously everybody knows what this was.
[00:21:09]  The administration originally said the federal government can't force everybody to take a vaccine.
[00:21:14]  We don't have that power.
[00:21:15]  But then when they couldn't get it done, they tried to do it through OSHA.
[00:21:19]  And what they passed said every company with more than 100 employees now has to tell all their people to get vaccinated.
[00:21:27]  If not, they have to take a test once a week at their own expense.
[00:21:31]  And then we now, OSHA, are going to, you're going to have to provide records.
[00:21:35]  This is over 84 million employees.
[00:21:38]  I mean, it was a massive takeover of all the businesses.
[00:21:41]  And it included every religious organization with 100 and more employees, you know, organizations like Turning Point and other organizations.
[00:21:50]  So a lot of us, I think there were, I don't know how many total, but maybe 20 or so overall groups filed lawsuits.
[00:22:00]  We filed three different lawsuits.
[00:22:02]  And it's weird because this temporary emergency thing goes directly to the Court of Appeals.
[00:22:09]  We ended up in the Fifth Circuit, and we and another five or six other groups want an injunction against this.
[00:22:16]  Immediately, the Fifth Circuit saw this is totally, totally an overreach by the federal government.
[00:22:22]  It violates our constitutional structure.
[00:22:24]  It violates the statutes.
[00:22:26]  But then what happens is you take all the circuits and you throw all the cases into one circuit and it got thrown into the Sixth Circuit.
[00:22:34]  And they pulled that injunction that stay back.
[00:22:38]  And so this was going to go into effect.
[00:22:40]  And so we filed an emergency in the Supreme Court along with, I think, nine other groups.
[00:22:46]  And they heard that argument a little over a week ago.
[00:22:50]  And then they issued their ruling this last week.
[00:22:53]  And the reason this is so important, Charlie, is if they can do this, then the federal government can take over.
[00:22:59]  All these agencies can take over anything because you just say it's an emergency and they can mandate all kinds of things.
[00:23:08]  And there's no accountability.
[00:23:09]  These bureaucrats aren't accountable.
[00:23:11]  And you essentially have somebody in the executive branch not going through the legislature.
[00:23:16]  And by the way, this is not even a federal power.
[00:23:19]  This is a state health issue.
[00:23:22]  And so it was really, it would have changed our entire structure as a country in that we would have bureaucrats from DC controlling everything in their lives with us having no recourse.
[00:23:33]  So that was the OSHA decision, and that was 6-3.
[00:23:36]  And every justice voted, I think, the way that we would have expected them to.
[00:23:41]  Now, on the other one, though, it is the mandate for healthcare workers, which impacts a lot of our listeners and a lot of our followers and supporters.
[00:23:52]  I was disappointed with Kavanaugh's ruling on that.
[00:23:55]  I know you have to be careful with what you say because you have a lot of pending courts for cases in front of the Supreme Court, and I don't want to put you in a tough position, but just help us make sense of that.
[00:24:03]  What was Kavanaugh's argument?
[00:24:05]  Because he seems, he always has seemed as more of a constitutional guy.
[00:24:09]  I don't quite get it.
[00:24:11]  Yeah, now I'll say this.
[00:24:14]  I think the decision was wrong.
[00:24:15]  And it's called CMS, which is really Medicaid and Medicare.
[00:24:20]  And the federal government provides dollars for health care.
[00:24:24]  And so the question is, how much can they require of people who touch those hospitals or those, you know, how much can they control?
[00:24:33]  They were given certain power by Congress to administrate things, to run things, to make sure that things are done well.
[00:24:41]  But they weren't given the ability to force everybody to take a vaccine.
[00:24:45]  I mean, that's just, it's ludicrous.
[00:24:48]  And so what happened is, I mean, if you're Kavanaugh and you're Roberts, there's more of an argument here because this is the federal government doing something with regard to health care.
[00:25:00]  When it came to OSHA, I mean, I mean, that didn't have to do with the workplace.
[00:25:05]  That was about a nationwide, you know, virus.
[00:25:09]  And so that was really extreme, what they were doing here.
[00:25:12]  Here, they're trying to take something that the federal government does have some control over and expand what they can do.
[00:25:21]  I think the dissent was right that there's no authority to do this in the statute.
[00:25:26]  Congress didn't give them authority.
[00:25:28]  And I'll step back, Charlie.
[00:25:30]  That's what people need to understand.
[00:25:31]  This is really all about structure.
[00:25:34]  In our country, the people who make the decisions that affect our lives are subject to our vote.
[00:25:40]  It's the legislature that makes laws.
[00:25:44]  It's the Congress that can give this sort of power, not a president.
[00:25:48]  We don't have kings, you know, not a president, not some bureaucrat.
[00:25:52]  You had to go through the legislative process because you can vote those people out of office.
[00:25:56]  So this was about what did Congress give them power to do?
[00:25:59]  And I think it's pretty clear they didn't.
[00:26:02]  If you want an explanation for how a Kavanaugh gets there, I think that Kavanaugh is a conservative in his mind in a strong way that people don't think about, which is some conservatives, and I would put the Chief Justice at this too, think they should defer to the institutions unless something is very clear.
[00:26:25]  I don't think that's right.
[00:26:26]  I think you should defer to the Constitution.
[00:26:30]  And if Congress didn't make it clear, then you can't give power to people that takes away individual freedoms.
[00:26:37]  But I think that's what they thought.
[00:26:39]  They think they're not being activists by not striking this down.
[00:26:44]  I think that kind of deference to institutional power is dangerous and is not a conservative approach.
[00:26:50]  A conservative approach is an originalist that looks at the Constitution, says, you know what, this is Congress's power.
[00:26:57]  Congress did not clearly delegate this power.
[00:26:59]  And therefore, you want to do this?
[00:27:02]  Go pass a law.
[00:27:04]  In a way, it's subject to the people.
[00:27:05]  That way it goes through the process.
[00:27:07]  And that's what the dissent said.
[00:27:08]  Yeah, it's a bizarre way of looking at originalism, I suppose, that we want to defer to the fourth branch of government that basically is all three branches looped into one.
[00:27:21]  And I think the court's unwillingness to check the fourth branch of government, what we call the IRA, the independent regulatory agencies, has been one of the greatest failings of the court.
[00:27:32]  That's really what Article III was built for.
[00:27:35]  You and I have talked about this a lot, but it's these unchecked, unknown bureaucracies with wide-ranging power where they can make their own rules, they can implement them as they see fit, and they act as if they're untouchable.
[00:27:47]  That's why we have a Supreme Court and to act as if that, well, it's there, therefore we can't do anything about it.
[00:27:54]  I think that logic falls apart rather quickly.
[00:27:57]  I do, too.
[00:27:57]  And it's a bad policy.
[00:27:58]  It's a horrible policy, right?
[00:28:00]  Omicron is what's going around now.
[00:28:02]  What are we going to do?
[00:28:04]  We're at the height of infection rates.
[00:28:07]  And so we're going to push more medical workers out of hospitals.
[00:28:12]  I mean, this is going to kill people.
[00:28:13]  Not people from Omicron.
[00:28:14]  It's going to kill people that need to go to the hospital for other reasons.
[00:28:18]  And most of these people that they're throwing out are people who are immune.
[00:28:22]  I mean, it's really poor policy.
[00:28:26]  And, you know, in addition to the fact that they don't have the power to do this under the statute.
[00:28:32]  What did you make?
[00:28:33]  And I understand you have to be careful about this.
[00:28:35]  I'm going to talk broadly about some of the court's, let's say, lack of knowledge when it came to very basic information when it came to the virus.
[00:28:43]  I interpreted it as stay in your lane, interpret what the Constitution says.
[00:28:50]  That should be your expertise.
[00:28:51]  What was your take on that?
[00:28:54]  I thought I was grateful for it because I thought it showed that it really did show a little bit of the divide between the liberal bloc and the conservative block on the court.
[00:29:08]  The way I would put it is, let me explain something to people.
[00:29:12]  When they argue the case, you think they're asking questions of the advocate, and they are, but they're really sort of talking to each other also, because later that same day, they were going to be voting on this in a room, just the nine justices.
[00:29:25]  So their questions, they're actually trying to kind of convince other justices to come their way.
[00:29:31]  And so really the approach of the liberals and the court is mainly, hey, look, we've got a really good end.
[00:29:38]  So it doesn't matter what means we use to get there.
[00:29:41]  And of course, that is opposite the way, you know, our constitutional structure works.
[00:29:45]  And so you've got guys like Roberts and others saying, you can't do a workaround.
[00:29:49]  You've got to go through the constitutional structure.
[00:29:51]  But the liberals were more arguing these things, which they didn't know the facts about because they just, their heart was in the right place.
[00:29:59]  They were trying to do something good.
[00:30:01]  And so they didn't really care about how it was done.
[00:30:05]  And so I thought it really showed something and a difference between the more conservatives on the court and the more liberals on the court.
[00:30:13]  Well, yeah.
[00:30:13]  And if you want to talk about deference to institutions, I mean, stay in your lane.
[00:30:18]  I mean, that's where I kind of get so incredibly confused about this.
[00:30:24]  And also, these are highly complex situations with, and you saw Alito, God bless him, he's been terrific, really dance around this.
[00:30:32]  Like, wait a second, are there other ways to treat this disease?
[00:30:35]  This can't just be a one-size-fits-all thing.
[00:30:37]  He's asking the mature and the prudent questions, right?
[00:30:40]  And basically what he was getting at is, what if you're wrong?
[00:30:44]  Don't we have to account for individual choice and agency?
[00:30:47]  And so he came at it from a rather mature standpoint, where the other justices, I don't think, did.
[00:30:53]  The whole thing was built on the Delta variant, and we're not in the Delta variant anymore.
[00:30:58]  So, I mean, it was just totally irrelevant.
[00:30:59]  The whole science was irrelevant anyway.
[00:31:01]  That's right.
[00:31:02]  Kelly, congratulations.
[00:31:03]  The Coach Kennedy case is going up to the Supreme Court.
[00:31:07]  That's a big deal.
[00:31:09]  You know, for those who don't know what Coach Kennedy case is, Coach was in the Marines for 20 years.
[00:31:15]  And then when he got out and he was going to coaching, he saw this movie, Facing the Giants, which was a Christian movie about coaching.
[00:31:23]  And it just convicted him.
[00:31:24]  And so after every game, he would go to a knee by himself and say a 20-second silent prayer that just thanked God for the privilege of coaching the young men he got to coach.
[00:31:36]  And that was great until somebody seven years later came to the school and said, hey, it's really neat what your coach is doing.
[00:31:44]  And they said, what do you mean?
[00:31:44]  And they started an investigation.
[00:31:46]  And the next thing you know, Coach Kennedy was told, if you go to a knee again, you're going to be fired.
[00:31:52]  And, you know, Coach fought for our freedoms.
[00:31:55]  And he's like, what kind of example am I going to be for the kids and the Constitution that I fought for?
[00:32:01]  So he went to a knee and he was fired and went to the Ninth Circuit, which is unfortunately the district where he lives out of San Francisco.
[00:32:08]  That's where the Ninth Circuit is.
[00:32:10]  And they ruled that coaches are not allowed to pray in public if anyone can see them.
[00:32:16]  And so fortunately, we went to the entire Ninth Circuit.
[00:32:22]  It's an outrageous opinion, just totally wrong.
[00:32:26]  But we had 11 dissents.
[00:32:29]  11 of the judges dissented.
[00:32:31]  So this thing is set up beautifully for the Supreme Court, but it's really, it's the first time there's ever been a case at the Supreme Court on the rights of teachers or parents, I mean, or coaches to live out their faith.
[00:32:45]  I mean, there's cases about you can't use the power of government to coerce kids with regard to your faith.
[00:32:50]  But this is about, is it wrong for somebody to ever even be religious because somebody might see you?
[00:32:58]  So this affects everybody who's any government situation anywhere and whether they lose their religious freedoms when they show up at work.
[00:33:06]  It's not what the law says, but it's what this court said.
[00:33:10]  And it's going to affect millions and millions of people across the country.
[00:33:13]  This could have huge implications.
[00:33:15]  Has there been a case heard like this recently at the Supreme Court of this level or this magnitude?
[00:33:20]  No, no, not really ever.
[00:33:22]  And Charlie, you know, we talk politics, we talk law, but the other thing that we talk that I know we can speak on the same wavelength is spiritual.
[00:33:30]  I think this is a huge case.
[00:33:32]  When we got this case almost seven years ago, I felt like God wanted to use Coach Kennedy as really a challenge to everybody.
[00:33:41]  Are you willing to go to a knee if it means you're going to lose your job?
[00:33:45]  If it means you're going to pay a price, are you willing to go to a knee?
[00:33:49]  And I really think it's a question, even for people who aren't people of faith, if we're going to keep our country.
[00:33:54]  Are you willing to stand your ground?
[00:33:56]  Are you willing, even if it's going to cost you?
[00:33:58]  That's what it takes when the bullies are coming at the country like they are right now.
[00:34:02]  You got to have people willing to stand up and say, no, our Constitution is not being taken away from us.
[00:34:07]  And that's what Coach Kennedy's doing.
[00:34:09]  And again, I'm very encouraged because the court, most of the time they take one, it's because they're going to overrule what happened below.
[00:34:18]  So the odds are with us at this point.
[00:34:22]  We've got some justices who have already spoken to this earlier in the case for the four conservatives before Barrett was even on the court, Kavanaugh included, that were they found it very troubling what the Ninth Circuit was doing.
[00:34:34]  So I think this is set up well and could be a powerful precedent for maybe the next 40 or 50 years.

=== Stand Your Ground (01:00) ===

[00:34:40]  There's never been a case on anything like this.
[00:34:42]  So it's a great one to watch.
[00:34:43]  And people can follow it at firstliberty.org.
[00:34:46]  They can see Coach.
[00:34:47]  They can send him a note.
[00:34:49]  They can pray.
[00:34:52]  I think this is one to follow for sure.
[00:34:54]  Well, Kelly, thanks to you and your wonderful team at First Liberty.
[00:34:56]  You guys supported him from the bottom up and getting to the Supreme Court's a big deal.
[00:35:00]  And look, don't celebrate yet.
[00:35:04]  That's going to be a battle, right?
[00:35:06]  And we don't know.
[00:35:06]  There could be some questions.
[00:35:08]  If you're going to do a great job arguing, I think that you might get a decision that can have massive spiritual implications across the country.
[00:35:15]  God bless you, Kelly.
[00:35:16]  Thank you so much for joining us.
[00:35:17]  Firstliberty.org.
[00:35:18]  That's firstliberty.org.
[00:35:20]  Okay, everybody, email me directly as alwaysfreedom at charliekirk.com.
[00:35:23]  Thank you, Kelly.
[00:35:24]  Talk to you soon, man.
[00:35:24]  Thanks so much for listening, everybody.
[00:35:26]  Email us your thoughts as alwaysfreedom at charliekirk.com.
[00:35:28]  And if you want to support our show, go to charliekirk.com/slash support.
[00:35:32]  Thank you so much for listening, everybody.
[00:35:33]  God bless.
[00:35:36]  For more on many of these stories and news you can trust, go to CharlieKirk.com.