The Charlie Kirk Show - Breyer, Black Women, and Biden's Racist Promise
Aired: 2022-01-27
Duration: 33:31


=== Skin Color Over Competency (11:24) ===

[00:00:00]  Hey everybody, it's Hammertime Josh Hammer from Newsweek.com joins the show.
[00:00:05]  Justice Breyer is resigning.
[00:00:07]  We talked about that and is affirmative action on its way out.
[00:00:11]  Super important conversation with the very smart Josh Hammer.
[00:00:13]  He has a new podcast.
[00:00:14]  Make sure you check it out, The Josh Hammer Show.
[00:00:16]  If you want to get involved with Turning Point USA, go to tpusa.com, where we play offense with a sense of urgency to win the American Culture War, tpusa.com.
[00:00:24]  Start a high school or a college chapter today at tpusa.com.
[00:00:29]  If you want to support our show, go to charliekirk.com/slash support.
[00:00:32]  Josh Hammer is here.
[00:00:33]  Buckle up.
[00:00:34]  Here we go.
[00:00:34]  Charlie, what you've done is incredible here.
[00:00:36]  Maybe Charlie Kirk is on the college campuses.
[00:00:38]  I want you to know we are lucky to have Charlie Kirk.
[00:00:41]  Charlie Kirk's running the White House, folks.
[00:00:45]  I want to thank Charlie.
[00:00:46]  He's an incredible guy.
[00:00:47]  His spirit, his love of this country.
[00:00:49]  He's done an amazing job building one of the most powerful youth organizations ever created.
[00:00:54]  Turning point USA.
[00:00:55]  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.
[00:01:04]  That's why we are here.
[00:01:07]  Brought to you by Andrew and Todd at Sierra Pacific Mortgage.
[00:01:10]  For personalized loan services, you can count on.
[00:01:12]  Go to AndrewandTodd.com, the wonderfulandrewandodd.com.
[00:01:19]  Who is Joe Biden going to nominate for Justice Breyers' soon-to-be vacancy?
[00:01:29]  Now, don't worry, CNN is on the case.
[00:01:31]  They have a roster of black women that they say need to be the new Supreme Court justices.
[00:01:37]  Now, this entire saga that's been unfolding the last 24 hours has been so interesting.
[00:01:44]  And it really does confirm what Andrew Breitbart said.
[00:01:49]  And you'll hear it at every Lincoln Reagan Day dinner.
[00:01:51]  You'll hear it amongst almost every grassroots conservative that is really engaged in the fight: politics flows downstream from culture.
[00:01:58]  And the cultural fight of the last couple of years is that diversity matters more than competency.
[00:02:05]  Diversity, equity, inclusion, or as we call it, diversity, inclusion, equity, die, is one of the pinnacles of the left-wing worldview, their domestic agenda.
[00:02:19]  Diversity for diversity's sake.
[00:02:20]  We must be racist today to try and fix the racism of yesterday.
[00:02:26]  That is Iber Max Kendi, otherwise known as Harry Rogers or Henry Rogers, whatever his name is.
[00:02:31]  Now, it's been so interesting because all of this hyper-racialization of the American discourse of the American political situation fit perfectly into now this recent Supreme Court justice vacancy.
[00:02:51]  So Justice Breyer is resigning by the summer.
[00:02:55]  And instead of Joe Biden and the Biden regime, and even the people who run our media, instead of talking about how they want someone competent to fill that position, someone who is wise and prudent, someone who knows the Constitution, someone who will make fair and just rulings, instead it became a marathon.
[00:03:17]  It became a relay race of identity politics.
[00:03:20]  Now, they don't want you to know this, but there's already a black person on the U.S. Supreme Court.
[00:03:27]  That man's name is Clarence Thomas, but he's not considered to be black by the left because he's not a left-wing collectivist authoritarian.
[00:03:35]  He's a constitutionalist.
[00:03:39]  But for CNN or for the regime media or for Biden, someone is only adequately black if they vote a certain way and they believe certain things.
[00:03:51]  Listen to John King and his guest go through the roster of all the possible SCOTUS nominees.
[00:03:57]  Play Cut 79.
[00:04:00]  Here are some names that have been in the mix, and they're ones that will be familiar to you.
[00:04:05]  Topping the list is someone who has been a law clerk to Justice Breyer, Judge Katanji Brown Jackson on the D.C. Circuit Court here in Washington.
[00:04:16]  It's a very prominent court.
[00:04:18]  Another woman would be Leandra Krueger on the California Supreme Court.
[00:04:23]  She's someone else who's highly credentialed, who would be in the mix.
[00:04:26]  Judge Michelle Child, she's now on a district court, but she's been nominated recently to the D.C. Circuit, a very prominent stepping stone to the Supreme Court.
[00:04:37]  Chief Justice John Roberts, Clarence Thomas, Anthony Scalia, Ruth Bader Ginsburg, they all came from that court.
[00:04:45]  And so remember when Joe Biden made this promise when he was running, we did a whole podcast on this, and we were attacked by the mainstream media of how Joe Biden decides to play identity politics and race means nothing.
[00:04:55]  That is the position of this show, that race means nothing.
[00:04:59]  They care about race.
[00:05:00]  We care about things that actually matter.
[00:05:02]  Remember when Joe Biden said Cut 78, I'm going to nominate a black woman to the Supreme Court.
[00:05:07]  No, who cares if they're qualified?
[00:05:08]  Who cares if they actually know what they're doing?
[00:05:11]  No, I care about skin color.
[00:05:12]  Cut 78.
[00:05:14]  I committed that if I'm elected president and have an opportunity to appoint someone to the courts, I'll appoint the first black woman to the courts.
[00:05:22]  My cabinet, my administration will look like the country.
[00:05:27]  Well, if it looks like the country, how about we get some more Protestants on the U.S. Supreme Court?
[00:05:31]  I don't think we have any, right, Connor?
[00:05:33]  No?
[00:05:34]  I don't think there's any?
[00:05:35]  Nope.
[00:05:38]  Now, they don't want to talk about how Clarence Thomas is a black man on the court.
[00:05:43]  They conveniently avoid that.
[00:05:45]  And they're trying to intentionally pander to a constituency that is the base of the Democrat Party, which is black women.
[00:05:54]  Is this the country you want to live in?
[00:05:57]  Well, it's the one that's already been created.
[00:05:59]  It started with affirmative action in colleges back in the 70s and 80s, when even the high court said, yeah, this is probably unconstitutional, but we're going to allow it to happen anyway because of justice.
[00:06:12]  You see these advertisements that happen between NFL football games where you have one person after the other say, we are not able to get as much opportunity.
[00:06:21]  We, as black people, are not able to get as much opportunity because of systemic racism in the country.
[00:06:27]  And now at the U.S. Supreme Court, they're not even hiding it anymore.
[00:06:31]  They're now saying that, look, competency, whatever.
[00:06:33]  CNN just puts up seven black women on screen.
[00:06:38]  CNN says, well, these are our choices.
[00:06:42]  How is that not discrimination against other people that are not born that way?
[00:06:46]  Here's the question: Do you want to have a preference on things that people can change or things they cannot change?
[00:06:56]  But for the left and for the Democrats, they want to re-tribalize American society.
[00:07:02]  America worked.
[00:07:05]  America was strong the less tribal we became.
[00:07:12]  The country that I grew up in 10 years ago was one that if you were to dare talk about skin color as some sort of social currency, you'd be rejected as a racist.
[00:07:23]  Cut 77, CNN on how minorities are victims, told by a black woman who went to private school and then Princeton, play cut 77.
[00:07:31]  I mean, it is a history-making moment.
[00:07:33]  It will change the way the court looks.
[00:07:37]  And I think we cannot understate that for this particular president, where he is today, with a need to give something that is of great importance to his supporters, people who put him into office, especially black women.
[00:07:50]  This is a really important moment.
[00:07:53]  Never had the luxury of leaving any part of my identity at the door before I walked into a courtroom, walked into a boardroom, walked onto these very sets on CNN.
[00:08:04]  I brought with myself the entirety of being a black woman, the lived experience of what that's like in a country like this.
[00:08:11]  And I think it's incumbent upon our country to recognize that if we do not bring all of America and the holistic views of people, including black women, then we are doing a disservice to any objective evaluation of laws in this country.
[00:08:28]  The oppressed black woman who went to Princeton.
[00:08:31]  I feel so bad for you.
[00:08:32]  I'm sure affirmative action had nothing to do with it.
[00:08:34]  Totally qualified, obviously got in there.
[00:08:36]  I checked my identity at the door.
[00:08:38]  All you have is your identity because you're too stupid to know anything else.
[00:08:42]  And it creates a society that all of a sudden becomes really harsh to one another.
[00:08:49]  It creates a meaner society.
[00:08:52]  So you have a vacancy on the Supreme Court.
[00:08:54]  I would rather have the Democrats be like, look, we just want someone super radical that hates the Constitution.
[00:09:01]  Like, okay, that's an idea.
[00:09:04]  It can change.
[00:09:05]  It says, like, you know what?
[00:09:08]  What really matters is the skin color.
[00:09:11]  What matters is the melanin content.
[00:09:17]  We have to get the country back that once existed, everybody.
[00:09:20]  This kind of that charade that I just played for you on CNN is, we could call it whatever you want, a fire alarm, a harbinger, a canary in the coal mine, a warning of things to come.
[00:09:33]  You see the freight train coming, whatever you might want to call it.
[00:09:37]  But at the highest levels of the Supreme Court, you have commentator after commentator, including the president, say, we should fill that position based on immutable characteristics, based on how you look.
[00:09:54]  And don't blacks find this super insulting, by the way.
[00:09:56]  I love that one guest where she says, this needs to be payback for the blacks that got Biden into office.
[00:10:02]  Like, really?
[00:10:03]  This is, that's what the level we're at, that putting a black woman on the Supreme Court is going to satisfy the black female base of the Democrat Party?
[00:10:13]  I suppose so.
[00:10:17]  Towels are mostly garbage.
[00:10:19]  They feel soft and lotiony in the stores, but you get them home and they don't absorb.
[00:10:23]  Well, Mike Lindell and MyPillow found out around 2006 that towels change forever.
[00:10:28]  They started importing them and adding softeners and other things that cotton that made them feel good but didn't work.
[00:10:34]  He found the best towel company right here in America.
[00:10:36]  They have proprietary technology to create towels that feel soft but actually work.
[00:10:41]  And they're all made with USA cotton and they come with a MyPillow 60-day money-back guarantee.
[00:10:46]  It's a six-piece set, two baths, two hand towels, two washcloths made with USA cotton, soft yet absorbent, regularly $109.99, now just $39.99.
[00:10:56]  Mike Lindell is a fighter.
[00:10:58]  Check it out right now.
[00:10:59]  Go to mypillow.com and click on the new radio listener special and get deep discounts on all my pillow products, including the towels.
[00:11:06]  Enter promo code Kirk or call 800-875-0425 for these great radio specials, mypillow.com, promo code Kirk.
[00:11:14]  Do it right now.
[00:11:18]  When we are looking to select people for positions that matter, what should the criteria be?

=== The Temptation of White Saviorism (05:27) ===

[00:11:24]  Now, it's tempting because of the onslaught of the propaganda to want to make allowances for ancestral or intergenerational justice.
[00:11:36]  It's tempting to want to do that, especially if you're a simple-minded person that doesn't think deeply about things.
[00:11:42]  But most people, they have a heart, they have compassion.
[00:11:46]  Most people also have a misunderstanding of the American story and especially a misunderstanding of where we've been as a country and the nuances of the creation of America and the exceptionalism of our country.
[00:12:03]  Most people view history and view their time right now, especially upper white middle class voters, and they say, well, what's the big deal?
[00:12:14]  Affirmative action.
[00:12:16]  What's the big deal kind of making allowances for certain people that might be more disadvantaged?
[00:12:23]  Now, it has been proven time and time again by Thomas Sowell and others, people that do actual clinical research.
[00:12:29]  It's not the skin color that determines whether or not someone is disadvantaged or not.
[00:12:34]  It's not how you look.
[00:12:35]  It's the choices that you make.
[00:12:36]  And most specifically, certain choices that are made by the black community, certain cultural choices, such as fatherhood abandonment, such as the culture of crime, such as deteriorating public schools, which is not as much the fault of anybody else, but definitely the fault of the politicians that many black leaders put into office of deteriorating public schools and pandering to public sector teacher unions.
[00:12:58]  Those things matter infinitely more.
[00:13:00]  In fact, they matter the only things that matter more than skin color.
[00:13:05]  And it's tempting for certain upper middle class white people to go play the kind of role of white savior.
[00:13:12]  I'm going to be the white person that puts a black woman on the U.S. Supreme Court.
[00:13:16]  And it's actually really insulting to black people.
[00:13:20]  And it's insulting for a variety of reasons.
[00:13:24]  But the most obvious is that, wait a second, if you were just to open it up to who is competent, then allow the chips to fall where they may.
[00:13:35]  So let me talk about Clarence Thomas.
[00:13:38]  Clarence Thomas is one of the smartest justices on the U.S. Supreme Court in the history of our country.
[00:13:46]  He has unparalleled legal wisdom, capacity for interpretation.
[00:13:52]  No one questions Clarence Thomas' ability to think, to write, and to hear cases.
[00:13:59]  No one.
[00:14:00]  We already know United Airlines is hiring pilots.
[00:14:04]  They're trying to have 50% of their new pilots be black pilots.
[00:14:08]  We know that.
[00:14:08]  We know the American Medical Association is now saying we need to hire more black doctors.
[00:14:15]  Now, affirmative action is all fun in games.
[00:14:18]  It's all fun in games to have, you know, the society reconfigure itself until you're flying from New York to Los Angeles and you see a pilot and you think to yourself, is that pilot there because he's good or because he fits some sort of diversity, equity, inclusion agenda box?
[00:14:42]  It's all fun in games until you have to go in and get heart surgery.
[00:14:46]  And you look at your heart surgeon and you say, is that guy there because he's good?
[00:14:50]  Because he's excellent?
[00:14:52]  Because he knows what he's doing?
[00:14:54]  Or is he there because he fits some sort of diversity, equity, inclusion box?
[00:15:02]  You could only have one or the other.
[00:15:04]  So you have to choose.
[00:15:06]  You only have one.
[00:15:07]  Society goes into one of two buckets.
[00:15:12]  You could have a society that has preference on egalitarianism and equity and what they call diversity, or you can have a super successful, vibrant meritocracy of a country.
[00:15:28]  You have to choose.
[00:15:30]  And you actually look at it.
[00:15:32]  Why was the South significantly poorer than the North?
[00:15:36]  Why was the Confederacy so poor?
[00:15:38]  Racist societies, which is what the left is doing, actually have difficult times creating vibrant markets.
[00:15:45]  You keep people down.
[00:15:47]  You're unable to unleash the capacity and the potential of the individual.
[00:15:54]  Where the North was, they protected private property rights.
[00:15:58]  They allowed freedom of movement and commerce, and they were the industrial capital of the Western Hemisphere.
[00:16:04]  So you can have one or the other.
[00:16:06]  You can have a successful society, a vibrant, wealthy society that creates goods and services and lifts people up and allows risks to be taken and really elevates entrepreneurs, or you can have this kind of Maoist, Soviet, super oppressive, suffocating of good ideas, redistributive based on things you can't change society, which will lower expectations and choke any sort of betterment of the human condition.
[00:16:30]  You have to choose one or the other.
[00:16:33]  And right now, the direction of our society and our culture is one that puts a preference on skin color and melanin content, not incompetency or wisdom.
[00:16:45]  Big tech is monitoring, censoring, mining, and selling your online information.
[00:16:50]  And SquadPod is the solution.

=== Drawing Lines on Affirmative Action (15:44) ===

[00:16:52]  100% U.S. programmed, owned, and operated, SquadPod is a convenient, all-in-one application supporting your private connection with others of your choice.
[00:17:01]  Safety brings together your friends, family, team, club business, or congregation with SquadPod's chat, document sharing, discussion, and televideo capabilities.
[00:17:11]  The SquadPod application is encrypted, protecting your communications and content without annoying advertisements.
[00:17:17]  They do not censor, mine, profile, or sell your information.
[00:17:21]  I have gotten to know the SquadPod team quite well, and they are true patriots with a mission of dedicating themselves to your privacy, safety, and freedom of speech.
[00:17:29]  Join myself and other organizations such as Turning Point USA, nonprofits, and churches by adopting SquadPod as your collaboration platform.
[00:17:37]  Take back control of your privacy by visiting squadpod.com/slash Charlie.
[00:17:41]  That is squadpod.com/slash Charlie.
[00:17:47]  All right, everybody, welcome to the show.
[00:17:49]  Josh Hammer, opinion editor of Newsweek, newsweek.com.
[00:17:52]  Josh, how are you doing?
[00:17:53]  I'm doing well, Charlie.
[00:17:54]  Good to see you.
[00:17:55]  So you are a legal expert.
[00:17:57]  I think that's fair to say.
[00:17:58]  What do you make of this vacancy coming up this summer?
[00:18:01]  So the first thing is that it's not surprising at all, right?
[00:18:04]  I mean, the only question was when the announcement was going to come.
[00:18:07]  Stephen Breyer has, he's been in partisan Democrat his entire life.
[00:18:10]  He's worked in Article 1.
[00:18:11]  He has worked in Congress.
[00:18:12]  He has worked in Article 2.
[00:18:13]  He's worked for Democratic Administration.
[00:18:15]  And he's obviously worked in Article 3 as a Supreme Court justice for the past three decades.
[00:18:19]  So he is a Democrat to his core.
[00:18:21]  He has made a career out of being a leading proponent of kind of, you know, a standard boilerplate orthodox version of left-wing living constitutionalist interpretive theory.
[00:18:32]  So we knew that this was coming.
[00:18:34]  It's a 50-50 Senate.
[00:18:35]  Obviously, Republicans seem well poised to retake it this fall.
[00:18:38]  So this was the time for him to do it.
[00:18:40]  You know, so look, I mean, it's not going to reshape the core for a generation or anything, right?
[00:18:44]  I mean, it's going to be a Democrat who will replace a Democrat.
[00:18:47]  That's basically what's going on here.
[00:18:48]  They'll get someone younger, probably more liberal overall, probably, right?
[00:18:53]  But I mean, it's not like a huge deal.
[00:18:55]  It's not like a game-changing situation.
[00:18:57]  This is, it's a far cry removed from Amy Coney Barrow replacing Ruth Bader Ginsburg, if that makes sense.
[00:19:01]  Yeah, it does.
[00:19:02]  So what do you make of kind of this narrative of just we have to put people on the court based on their skin color?
[00:19:09]  What do you make of that?
[00:19:11]  So this is evil.
[00:19:12]  Okay.
[00:19:12]  I mean, like literally the word that I use to describe this is evil.
[00:19:14]  I'm actually writing my column on this today.
[00:19:16]  This gets me pretty fired up, to be honest with you.
[00:19:18]  So earlier this week, I was out in Missouri.
[00:19:21]  I was speaking.
[00:19:21]  I gave two talks in Missouri in Jefferson City at the state capitol and then at Columbia, Missouri at the university there.
[00:19:27]  And I was talking about critical race theory and kind of race and education both times.
[00:19:31]  And what I said like there over and over again, and like I, the timing of all this happening the same week is, it's just, it's just too much.
[00:19:38]  And by the way, we got thrown into the cauldron here, got thrown to the equation.
[00:19:41]  The fact that the Supreme Court on Monday granted cert.
[00:19:44]  So they finally, after weeks and months and months of kind of delaying, agreed to hear the Harvard and UNC Chapel Hill affirmative action cases.
[00:19:52]  So affirmative action is now on the chopping block.
[00:19:55]  I'm actually unusually optimistic.
[00:19:56]  We're actually going to get rid of that.
[00:19:58]  Maybe we'll get to that a little later.
[00:19:59]  But there's the idea here that we are picking a Supreme Court justice, someone to enforce the Constitution that we all love or at least purport to love, that has equality enshrined right there in the 14th Amendment.
[00:20:13]  Obviously, equality goes back to the Declaration of Independence is kind of the foundational bedrock that this country is built upon.
[00:20:19]  And we're trying to get someone to enforce bedrock equality principles, but we're starting off by saying that if you are not a minor intersectional sliver of the populace, you can't even be excluded.
[00:20:31]  It's farcical and it's honestly evil.
[00:20:33]  I mean, what kind of message does it send to like a young white, Hispanic, Asian, young liberal woman?
[00:20:40]  Like she is going up through law school.
[00:20:41]  She's a young lawyer.
[00:20:42]  She clerked for a good judge and she just can't be considered for this job because she happens to have a slightly different melanin, you know, pigmentation.
[00:20:51]  It's really evil stuff, honestly.
[00:20:53]  Yeah, but it seems to be accepted and not, I mean, it's rejected by the right on this country, as you could call it, the conservative wing, but it's largely accepted by the regime.
[00:21:04]  And yet we know they really don't believe it.
[00:21:06]  We know that, for example, you know, the Joe Biden or Chuck Schumers of the world, like for example, Chuck Schumer's grandson, I don't know who that is, but I'm sure it's someone who's going to go to Harvard or Yale or Princeton or whatever, that they don't want to lose their spot to Princeton to some disadvantaged black person from the Bronx.
[00:21:23]  Like, yeah, yeah, I'm all for affirmative action as long as the Schumers get into Princeton.
[00:21:27]  So then they don't actually believe it, right?
[00:21:30]  But so what do we make of just kind of this widespread acceptance of CRT critical legal theory and now at the highest levels?
[00:21:41]  I mean, it's not some like bizarre theory at University of Missouri, right?
[00:21:45]  It's not just like 50 activists raising their fists that are like 19 years old at a college, like, yeah, okay, sit down.
[00:21:53]  You know, you go to Wellesley, whatever.
[00:21:55]  No, this is the Supreme Court.
[00:21:56]  How did that happen?
[00:21:58]  Charlie, I don't really know, honestly.
[00:21:59]  I mean, look, obviously, it goes back last year, I guess, two years ago now.
[00:22:02]  It's the year 2022 already.
[00:22:03]  Wow.
[00:22:03]  I mean, you know, it goes back, obviously, a lot of this to the immediate aftermath of the death of St. George Floyd.
[00:22:09]  Right.
[00:22:10]  Yeah, exactly.
[00:22:10]  In Minnesota and the 1619 riots and America's kind of race conscious realization.
[00:22:16]  And that really seems to have been the accelerating event, as far as I can tell.
[00:22:20]  I mean, you know, critical race theory definitely was taught, obviously, in K through 12.
[00:22:25]  It was taught in colleges.
[00:22:26]  It was taught in various law schools.
[00:22:29]  I mean, critical theory has been a part of kind of like the Harvard law school curriculum for decades and decades.
[00:22:33]  So to an extent, it's not new, but it definitely accelerated.
[00:22:36]  I mean, it definitely picked up a ton of momentum, obviously, in the aftermath of what happened to George Floyd in the summer of urban anarchy and suburban anarchy, actually, not just urban, all across America two years ago now.
[00:22:47]  But where we go from here is kind of the million dollar question.
[00:22:50]  My modest proposal to the Republican Party and conservatives is to make this a fundamental issue, is to make opposing the intersectional and the identity politics regime a core bedrock issue.
[00:23:02]  Because here is the issue.
[00:23:03]  As a matter of kind of crass politics, when the president of the United States gets out there and he actually says that we are only going to consider a black woman, okay, so it's about six and a half to seven percent of the U.S. population here.
[00:23:18]  Let's, you know, I'm not necessarily like running political campaigns.
[00:23:20]  I'm not a political consultant here.
[00:23:22]  But if I'm trying to devise a strategy for the 2022 midterms, I'd rather be on the side of the 97 or the 93% than the 7% here.
[00:23:31]  Because again, we're not just talking about conservatives, not just talking about like white men.
[00:23:34]  We're talking here about female Hispanics, female Asians.
[00:23:38]  There are so many people who should be just totally offended and aggrieved by this ridiculous sentiment here.
[00:23:43]  So as a possible 2022 midterm campaign issue, I actually think the Biden administration is potentially doing the Republican Party a favor.
[00:23:52]  Obviously, the GOP is notoriously reluctant to kind of wade in on these issues.
[00:23:56]  So we'll see if they actually kind of can get around to doing so, but they've really kind of given the Republican Party an issue to run on, I think.
[00:24:03]  Yeah, they never miss an opportunity to miss an opportunity.
[00:24:06]  I agree completely.
[00:24:07]  I think opposing the woke is the gift to the Republican Party.
[00:24:11]  The Soviet Union used to be, where all they had to talk about is how much they hated the Soviet Union.
[00:24:14]  They won every election for like 10 years.
[00:24:17]  And it worked until the Soviet Union fell and they actually had to tell the country what they stood for, which they never really thought deeply about until Newt Gingrich.
[00:24:23]  But the same sort of thing, which is like, we don't like the wokeies.
[00:24:26]  They're destroying the country.
[00:24:28]  They're infecting every institution.
[00:24:30]  And we have to do something about it.
[00:24:31]  Let me ask you, there is some speculation of whether or not Kamala Harris, the VP, can cast a tiebreaking vote, which seems especially relevant if Susan Collins and Mitt Romney don't vote with whomever this nominee is.
[00:24:46]  Do you think the VP can?
[00:24:49]  So there's nothing in the constitutional text, as I read it, that would preclude her from doing so.
[00:24:55]  I have not seen that argument made.
[00:24:57]  I mean, it feels a little icky, okay, admittedly.
[00:25:00]  It doesn't feel good, but it's a basic matter of like interpreting the document.
[00:25:03]  There's nothing there that seems to me that would preclude her from doing so.
[00:25:06]  I do predict that she will not have to do so.
[00:25:09]  Republicans in general tend not to be as hardline or as ruthless on judicial nomination fights as Democrats do.
[00:25:15]  I mean, to be clear, I'm not saying Republicans should be.
[00:25:18]  We should not be doing to their nominees what they did to Bob Bohr, Clarence Thomas, Brett Kappin.
[00:25:22]  This is evil, vile, like civilization-destroying stuff.
[00:25:26]  And Republicans should not stoop to that ridiculously low level.
[00:25:29]  But in general, you know, like Lindsey Graham, Mitt Romney, there are any number of Republican senators who historically have voted with many Democratic nominees.
[00:25:37]  And, you know, the leading contender right now is probably Katanji Brown Jackson from the U.S. Corps of Appeals for the D.C. Circuit.
[00:25:43]  I think she's, you know, she's probably like a 60 to 70% frontrunner.
[00:25:47]  So not a lot, but that seems to be kind of the early kind of favorite right out of the gate.
[00:25:51]  And she was confirmed in pretty bipartisan form to the D.C. circuit.
[00:25:55]  So I do predict the nominee will probably get around like 55 votes overall.
[00:26:00]  So I hope you're wrong.
[00:26:01]  I'll be honest, Josh.
[00:26:02]  I don't think we should smear.
[00:26:04]  I agree with that.
[00:26:04]  I don't think we should lie, but I think we should go scorched earth.
[00:26:07]  I think any Republican that votes for the nominee should leave the Republican Party immediately.
[00:26:11]  I think the lines need to be drawn.
[00:26:14]  I think we need to say that.
[00:26:15]  Collins, Murkowski, all these people, you want primaries.
[00:26:18]  Murkowski already has one.
[00:26:20]  Be careful voting for this nominee.
[00:26:21]  I mean, the country's on fire.
[00:26:22]  Let's go give Nero his justice.
[00:26:24]  Like, yeah, that's a good idea.
[00:26:26]  You know, let's go give the guy who's burning everything some sort of arsonist.
[00:26:30]  So I don't know if I agree, to be honest, because I think we should, I don't think we should be unfair.
[00:26:34]  I don't think we should do what they did as far as the character assassination, but I don't think we should give an inch.
[00:26:40]  I don't think we should give them quorum.
[00:26:41]  I don't think we should participate in hearings.
[00:26:43]  Give them a taste of their own medicine.
[00:26:45]  Oh, I agree with all this, Charlie, for sure.
[00:26:47]  I'm just saying, like, we should not be literally calling people serial rapists unlike that.
[00:26:52]  That goes without saying we shouldn't lie.
[00:26:54]  That's never.
[00:26:55]  But as far as like the consolidation of like, we're not going to work with you, I'm game for that because of what they're doing to our country.
[00:27:03]  And if that's the new rules of engagement, right?
[00:27:04]  If the new rules of engagement are like, when we're in power, they're going to oppose us altogether, then we're going to just participate in that gridlock, right?
[00:27:14]  Some people say, well, Charlie, don't you want to be the bigger person?
[00:27:16]  Like, actually, no, I don't.
[00:27:17]  I want to win.
[00:27:18]  So, and the country's on fire.
[00:27:20]  So it's that simple.
[00:27:21]  30 seconds, then we have a break.
[00:27:23]  No, it totally is that simple.
[00:27:25]  I mean, like, no one wins a gunfight by bringing a knife, obviously.
[00:27:28]  No one wins a bazooka fight by winning a handgun.
[00:27:30]  Republicans historically have no idea how to actually fight.
[00:27:33]  I mean, Charlie, when you know, when UI and Sorat recorded our conversation at Turning Point last year, we had an amazing conversation about how the right needs to fight the culture war with the aim of victory, not with the aim of détente, not with the aim of live and let live, but with the aim of actually claiming victory and reaping the spoils of that victory.
[00:27:50]  So could not be more on the same page there.
[00:27:52]  So we'll see.
[00:27:53]  I mean, like, let's see what happens in the editorial committee.
[00:27:56]  We'll see.
[00:27:57]  But I, if boy, if Lindsey Graham votes for this radical, that'll be interesting.
[00:28:01]  Josh, what's going on with affirmative action?
[00:28:04]  Is it finally going to be properly challenged?
[00:28:07]  So this is a rare issue.
[00:28:08]  I mean, you know, I'm a lawyer by training, obviously.
[00:28:11]  I've kind of come up through the ranks of legal and judicial commentary.
[00:28:13]  I think my reputation is something of kind of a Jeremiah.
[00:28:16]  I'm something of a prophet of lamentation on all things judicial branch related.
[00:28:20]  This is a rare issue that I'm actually unusually optimistic on.
[00:28:25]  So the court, they finally agreed to hear a direct challenge to the horrific affirmative action regime in 79 stage.
[00:28:34]  Right.
[00:28:34]  So 778 was the Baki case and then going back to the.
[00:28:37]  And that hasn't been overturned.
[00:28:38]  Sorry to interrupt, right?
[00:28:39]  That has been kind of precedent.
[00:28:41]  What's the Latin word for that?
[00:28:43]  Star decisive.
[00:28:44]  Thank you.
[00:28:45]  Yes.
[00:28:46]  Yeah.
[00:28:46]  So Baki is like still, you know, lawyers would call it quote unquote good law.
[00:28:49]  I mean, it was slightly tweaked by the Grutter case at the University of Michigan in 2003, I think the year was, but it basically remains what lawyers would call good law.
[00:28:59]  So affirmative action to this day, and let's just call affirmative action what it is.
[00:29:02]  Okay, your listeners don't need to hear this, but it is systemic government enshrined racism.
[00:29:07]  That is literally what affirmative action is.
[00:29:09]  And, you know, actually, like a dear personal friend of mine, a brilliant lawyer and former Clarence Thomas clerk named Adam Ortara, he was actually the trial lawyer for students for fair admission who was suing Harvard in this case in the trial court up in Massachusetts.
[00:29:23]  And during trial, during discovery, the information that he and his fellow lawyers were able to pull from Harvard about the way that they tried to systemically disrank or hierarchically put below Asians, Jews, you know, the kind of icky groups who are too smart and have too many people.
[00:29:41]  It's disgusting stuff.
[00:29:42]  Harvard is expressly doing race-based admissions.
[00:29:47]  So the question that the Supreme Court will have to consider, and finally, they're going to consider this both at Harvard and at the University of North Carolina, Chapel Hill.
[00:29:54]  And that's important legally speaking because the latter obviously is a public school.
[00:29:58]  So therefore, it's unequivocally subject to the 14th Amendment and the Constitution, holding aside Title VI and statutory law.
[00:30:05]  So the question is: is this kosher?
[00:30:08]  Is this constitutional?
[00:30:09]  And the obvious answer is, of course, not here.
[00:30:12]  But the reason that I'm optimistic that the court will finally do the right thing and gut this state-sanctioned racism once and for all is because the squish, the moderate of all moderates, Chief Justice John Roberts himself, is actually a long track record of actually being outspoken on this issue.
[00:30:28]  In fact, you can go back to the 2007 case, parents involved.
[00:30:32]  Probably the most famous line John Roberts has ever written in a judicial opinion was from the Parents Involved case out of Seattle, Washington in 2007, where he said, quote, the way to stop discrimination on the basis of race is to stop discriminating on the basis of race.
[00:30:46]  It sounds like a refutation of Eber Max Kennedy.
[00:30:49]  Henry or Harry Rogers, Connor, can't remember his name.
[00:30:52]  Whatever.
[00:30:52]  Henry?
[00:30:53]  All right, Henry.
[00:30:54]  I've not screwed up.
[00:30:55]  No, it's Henry.
[00:30:56]  So we have two minutes.
[00:30:58]  That's really interesting, Josh.
[00:30:59]  I totally agree.
[00:31:00]  I've never liked affirmative action.
[00:31:02]  It has been the institutional systemic racism against white people and Asians.
[00:31:05]  It's just the way it is.
[00:31:06]  And also Jewish people, by the way, which is been disenfranchised a community that allegedly the left says they represent.
[00:31:17]  Different issue for a different time, right?
[00:31:18]  So we have two minutes remaining.
[00:31:20]  Walk us through the likelihood.
[00:31:22]  Have they heard oral arguments?
[00:31:24]  Who's arguing for who?
[00:31:25]  Is the Biden Justice Department going to be representing?
[00:31:28]  Who's going to be the, is the Solicitor General going to come back and lose again?
[00:31:31]  Tell me what's going on.
[00:31:33]  So, Students for Fair Admission is the actual plaintiff that is suing Harvard.
[00:31:38]  Now, they are partnering up with a law firm called a small boutique conservative law firm out of the Washington, D.C. area called Constivoy McCarthy.
[00:31:46]  Kind of a personal aside here, all this is public.
[00:31:48]  This is not private information.
[00:31:49]  I'm actually, I've been a plaintiff for the past three years, suing the state bar of Texas on a First Amendment lawsuit.
[00:31:56]  Different conversation for a different day, but Constable McCarthy is also my, they are my lawyers in that case as well.
[00:32:02]  So, they do great kind of impact conservative litigation.
[00:32:04]  So, Will Constable, the name partner there, will probably, if I had to guess, be the one to actually argue this before the Supreme Court.
[00:32:11]  You know, it'll be a monumental day.
[00:32:12]  I mean, Charlie, I will tell you, I have dear friends.
[00:32:16]  I have one friend who's down in Austin, Texas, a brilliant kind of Harvard law alum, Asian guy named Corey Liu.
[00:32:23]  Corey literally views this case as the Brown v board for Asian Americans.
[00:32:27]  Wow.
[00:32:28]  It is a foundational civil rights struggle for Asian Americans, Jews, and honestly, like for white people, just for white Christians too, obviously.
[00:32:36]  No, that's exactly right.

=== A Monumental Supreme Court Day (00:53) ===

[00:32:37]  And we shouldn't have to racialize, but it's what it is, right?
[00:32:39]  You look at the numbers.
[00:32:40]  And by the way, also for aspirational Hispanics as well, because if you over-allocate to just black people, eventually you're going to disenfranchise other parts of the population.
[00:32:50]  I don't want to live in that country.
[00:32:51]  You don't either.
[00:32:51]  The Josh Hammershow, newsweek.com, that's so interesting.
[00:32:54]  I want to have you back on Josh.
[00:32:55]  I want to keep eyes on this affirmative action thing.
[00:32:57]  We represent a lot of colleges.
[00:32:58]  I know so many young white kids that don't get into certain schools and stuff because of the color of their skin, Asians as well.
[00:33:05]  I think it's a really important decision.
[00:33:06]  And that's an interesting comparison: Brown versus the board.
[00:33:09]  Thank you so much, Josh.
[00:33:10]  The Josh Hammershow, newsweek.com.
[00:33:12]  Check it out.
[00:33:13]  I think you guys will really be blessed by it.
[00:33:15]  Thank you so much for listening, everybody.
[00:33:16]  Email us your thoughts as always, freedom at charliekirk.com.
[00:33:19]  If you want to support our show, go to charliekirk.com/slash support.
[00:33:23]  Thank you so much for listening, everybody.
[00:33:24]  God bless.
[00:33:27]  For more on many of these stories and news you can trust, go to CharlieKirk.com.