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June 30, 2023 - The Charlie Kirk Show
35:39
SCOTUS Scores Back to Back to Back with Will Scharf
Transcriber: nvidia/parakeet-tdt-0.6b-v2, sat-12l-sm, and large-v3-turbo
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Forced Speech vs Values 00:14:47
Hey everybody, the Supreme Court delivers a big win.
Will Sharf joins us to talk about it?
As always, you can email me your thoughts, freedom at charliekirk.com, and get involved with turning point action at tpaction.com.
President Trump will be there.
Steve Bannon will be there.
Dan Bongino, Megan Kelly, and Tucker Carlson.
That's right.
Tucker Carlson will be there.
Get your tickets.
tpaction.com.
Buckle up, everybody.
Here we go.
Charlie, what you've done is incredible here.
Maybe Charlie Kirk is on the college campus.
I want you to know we are lucky to have Charlie Kirk.
Charlie Kirk's running the White House, folks.
I want to thank Charlie.
He's an incredible guy.
His spirit, his love of this country, he's done an amazing job building one of the most powerful youth organizations ever created.
Turning point USA.
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.
That's why we are here.
Brought to you by the Loan Experts I Trust, Andrew and Todd at Sierra Pacific Mortgage at andrewandTodd.com.
Today is a great day.
It is.
Yesterday was a good day with the affirmative action ruling.
And I just want to repeat: President Donald Trump is being indicted because he put three people on the Supreme Court that are striking down and slowing down the cultural revolution.
We are living through a cultural revolution in our country, but it's not going as seamless as the bad guys would hope.
The Supreme Court is saying, hold on, stop.
Can't do that.
Student loans can't do that.
Affirmative action, not so fast.
Forcing people to conduct business against their deeply held beliefs, can't do that.
Now, not every decision has been terrific.
The state legislature decision wasn't what I would have liked, but today is a great day.
And we're going to walk through all the specifics.
And again, President Donald Trump is being indicted in a revenge-filled pathological campaign because they want to make him pay.
They want to make him pay for putting Amy Coney Barrett, Neil Gorsuch, and Brett Kavanaugh.
Remember, it was supposed to be Hillary Clinton.
It was supposed to be Katanji Brown 1, Katanji Brown 2, and Katanji Brown 3 on the Supreme Court.
Not Gorsuch, Kavanaugh, and Amy Coney Barrett.
So today's a great day.
We really don't need that much nuance like yesterday's affirmative action ruling, which was still a good ruling.
Today is great, especially when it comes to this Colorado decision.
And we received some emails of some people that were a little confused.
They say, well, Charlie, I don't quite understand the Colorado decision.
I'm a little confused.
And, you know, what are the kind of other, let's just say, aspects of this?
Let's go through it all.
So this is another decision out of Colorado.
And it's not a coincidence.
This all comes out of Colorado.
I'll explain.
That involves a private business and LGBTQ mafia activism.
Okay, so it's 303 Creative LLC v. Elenis.
Remember, you had the cake case that came out of Colorado.
This is a case out of Colorado and yet another installment in the bake the cake gay rights war.
Lori Smith creates wedding websites and the state of Colorado wanted to force her to create gay wedding websites despite her strong objection to gay marriage as a Christian.
Now, let's press pause here.
It has been well documented that the human rights campaign and the gay mafia, they have millions, tens of millions of dollars, and they go out and they set the stage.
They case hunt for these decisions.
They find the businesses.
They send in people that know the script very, very well, and they will relentlessly use lawfare to try to get their way.
In a 6-3 decision authored by Neil Gorsuch, the Supreme Court ruled that the First Amendment means Smith cannot be forced to create a website that violates her faith.
The head of the human rights campaign, Kelly Robinson, says this ruling, quote, is a deeply troubling crack in our progress and should be alarming to us all.
This is a clear-cut sign that this is a great ruling.
Now, let's press pause.
You might say, well, Charlie, you're trying to say that you're okay with businesses saying no to people they do not want to do business with.
Well, we have a lot of experience with this, actually, at Turning Point USA, a lot of experience.
And I could say, yes, I am okay with it.
It would be easier for me to say, you know what?
Everybody should be forced to do business with people they don't like.
Do you know how many dozens and hundreds of hotels, venues we've had to go through throughout the years at Turning Point USA that have canceled us from Ithaca, New York to Brooklyn, New York?
But we always say the same thing.
They have a right to say no.
They do not want to do business with Turning Point USA.
They have a right to say that we don't like Turning Point's values.
We don't like what they stand for.
And they go away.
We honor their right to do that.
We honor their right to say no that they don't want to do business at Turning Point USA.
We don't go sue them and say, hey, Hyatt, or hey, local hotel.
We're angry.
We'll go to the court of public opinion and we'll say we don't like it.
Now, if it's a government facility, different aspect.
But we understand that when you have liberty, you're going to have certain people wall off their doors to their private business and say, no, no, no.
In fact, we just dealt with this.
And in fact, this might have actually been a violation of the Civil Rights Act, of which we have kind of taken a Caldwell approach and think that the Civil Rights Act in 1964 was way too broad and largely poorly written.
But that's a different topic for a different time.
Let's focus on what's in front of us today.
But we had a Blexit event in New York where we had eight different venues cancel us, eight venues, because they said that Turning Point USA Blexit spreads hate.
That it's a hate group, that it's a white supremacist group.
Yeah, that Blexit, Brandon Tatum, Candace Owens, white supremacist group.
Now, we went to the court of public opinion and we complained publicly, but we know they have a right to do that.
In fact, I think it's a good thing that private businesses and entrepreneurs are not forced by the government to host an organization like Turning Point USA that they detest.
If they don't want the money, then turn it away.
They're the ones that would lose the ability to sell goods and services and rent out their venue, their theater.
So we deal with this all the time.
This is not some sort of hypothetical.
It's not some sort of theoretical.
But what makes Turning Point USA different than the LGBTQ cartel is I do not want to force a business to do business.
I do not want to force a business to have to broker with me.
They do.
They want to go to every last entrepreneur and say, you don't agree with trans surgeries for kids, do business with us.
Now, the gay marriage thing is one aspect of this, but let's take a more extreme and real example.
Let's pretend that you're a website designer, of which this was the issue.
And let's pretend that you find it objectionable that eight-year-olds, 10-year-olds, and 11-year-olds are getting chemical castration surgery.
Let's just say that you think it's really obscene that 12-year-olds have to get their parts chopped off.
But let's say that a company comes in, Pfizer comes in, and they want you to design a website against your values.
Do you have the constitutional right to say, I don't want to design art that's against my values?
Let me give you another example.
Let's pretend a pornography company comes in and wants you to design a website filled with porn.
And you're a deeply religious person and you don't want to have to design graphics or pieces of art that are profane.
Do you have to be forced to do that?
Of course not.
And so when you have liberty, you have the liberty to say no.
The world might find that bigoted.
The world might find that intolerant.
Too bad.
That's what makes the constitutional order work.
The head of the human rights campaign says a deeply troubling crack in our progress should be alarming to us all.
Time out.
Time out, time out, time out.
You're trying to tell me that there is some sort of a lack of gay website designers in Colorado, as if this was some sort of like civil rights campaign that they couldn't find a single website designer in all of Colorado to accommodate their needs.
The three liberal justices have dissents, meanwhile, arguing that, yes, the government can literally force you to celebrate a gay wedding every step of the way, which of course then would expand to you can you have to do business with trans activists, you have to do business.
So let me give you another example of how far-reaching this could be.
Let's pretend, for example, a loop run, they chemically castrate kids.
They want to advertise on the Charlie Kirk show.
And I say, you know what?
We do not want to do an ad read that celebrates the chemical castration of children.
Do I have the right to say no as a podcast host and radio host that I do not want to read advertisements that way?
Or do I not?
They want to force speech against values.
They don't care about your values.
And this is all in the name of tolerance.
This is a great decision.
The world is up in arms over this.
It's LGBTQ hate.
Listen, no, it's not.
The ability to say no is what actually keeps our society orderly.
We get told no all the time.
We have to venue hunt in the most liberal pockets of existence in America.
Yes, it makes life a little bit harder.
But honestly, I would never want to force a venue to have to host something against their values.
Don't want our money, so be it.
It's called a free society.
It's much better than living in totalitarianism.
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And we want to make sure you enjoy every moment of it and don't outlive your money.
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Okay, let me get you another example.
Think about it this way.
The ability to say no keeps you free and that bothers people.
Imagine, though, should a Jewish kosher restaurant owner be forced to make a BLT bacon lettuce tomato against kosher laws on the Sabbath for a gay pride parade?
No, of course not.
He should say no.
I don't work on the Sabbath, which, by the way, is another Supreme Court decision that came down.
We'll get to that.
I don't make anything with pork.
It's against my religion.
And I don't believe in homosexuality.
Should he be able to say no?
If the decision went the other way, by the way, a Muslim director could be forced to make a pro-Zionism film or vice versa.
A Jewish film director could be forced to make an anti-Israel film.
The significance of this allows for expression, for agency, and we also need to make sure you understand the nuance between private and public.
When you're dealing with private businesses, private association, entrepreneurs, you have the ability to say, no, when you're dealing with in government, it's a separate issue.
Okay, but let me read this a little bit further, some of the notes we have here.
To justify this level of invasion, Justice Sotomayor, who again is the dumbest Supreme Court justice, says that if we do not have the government force the celebration of gay marriage on everyone, we'll have countless hate crimes against gay people.
And then in the irony of ironies, she cites the Matthew Shepard killing as her example.
Matthew Shepard, you'll recall, was a gay man murdered in Wyoming in the late 1990s.
There's a federal hate crime named after him, but as shown by research by a gay journalist, Shepard wasn't killed in a hate crime.
One of his killers, in fact, was a former gay lover of his, and the killing was drug-related.
In her dissent, arguing Christians should be forced to make websites.
She mentions Matthew Shepard, but she doesn't even know the story.
The United States Constitution has a preference for liberty, for freedom.
The ability for you as an individual to associate with who you want to associate with.
What are your values?
Now, remember, the progression of the LGBT whatever agenda first starts with, you must tolerate us.
Then you must accept us.
And then you must celebrate us.
And then you must participate with us.
If this decision would have went the opposite direction, you could then have churches have to be forced to rent out their gymnasium potentially for a gay wedding.
You could then have hotels or restaurants have to have their services go to people against their deeply held beliefs.
But guess what?
The LGBTQ mafia, they already are doing the thing that they want to force the other side not to do.
You go into downtown San Francisco, or if you go into downtown New York and you walk into any one of those stores and you wear a there are only two sexes t-shirt with a make America great again hat and you just go try and get a beer, I bet they're going to try to deny you service and they have a right to do that.
You see, what we have with this decision is the kind of gay movement that was supposed to shill speech and shutter our ability to push back against this, put in its place.
Now, some people say, well, Charlie, what about skin color?
NAD for High Performance 00:03:16
And well, hold on a second.
Somebody's sexual preferences is a lot different than somebody's immutable characteristics.
It's totally different.
And the Civil Rights Act was written on the idea that there were no other options for people, particularly black people in the South, to be able to shop, to be able to associate with.
Plenty of options for people in the, not only there options, the entire system is set up to favor them.
And I've said it before, the 1964 Civil Rights Act was a drastic action for a drastic case.
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Student Loan Vindication 00:15:14
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Joining us now is Will Scharf.
He is running for Attorney General of Missouri.
I've known Will for a long time, really smart lawyer.
Will, welcome to the program.
Will walk us through the significance of this week, and then we'll get into particulars of the victories that this Supreme Court has issued, the opinions they've issued.
Will, walk us through it.
The floor is yours.
Thanks so much for having me on, Charlie.
You know, I think what we've seen, not just in this week, but in the past two years, is a seismic shift in constitutional jurisprudence in this country.
I think a lot of the folks who said that, you know, who cast doubt on President Trump's judicial picks, those of us who worked on those judicial picks, they all have egg on their face right now because what we've seen in the last two years is one of the momentous changes in American law, really, that anyone could have imagined that anyone, a few could have foreseen.
This week, we saw the Supreme Court speak strongly and finally overturn race-based affirmative action, which has been in one way or another a lab in this country for over 50 years.
We've seen yesterday and today two outstanding religious liberty opinions in the Groff case and 303 Creative overturning the Biden administration's wild overreach on student loan forgiveness just go down the line in case after case.
The conservative legal movement is ascendant and those who would do violence to our Constitution, the separation of powers and the laws that ultimately bind us together are in full-on retreat.
It's a great day for America.
It's been a great week for America.
So let's go through this, the student loan in particular.
This one is I'm very passionate about.
I never went to college and I tend to speak for the unwashed people.
That's a joke, those of us that didn't go to college.
That's what we get called by the elite society.
You went to some great college, Will, and much smarter than I am.
But for those of us that didn't take student loan debt, the argument's a little simplified, but let's just go through it.
Technically, the taxpayers who didn't go to college have to then subsidize those that took out massive student loans.
Well, the Supreme Court has come in and said, no, no, no, you have overreached.
Will explain this decision for us.
So if you can imagine, it's even worse than that, Charlie.
What the Biden administration did, they took an act called the HEROES Act, which is a post-9-11 act intended to benefit veterans.
And they argued that language in that act gave them the right to, as you said, forgive billions and billions and billions of dollars of student loans taken out by people who just had nothing to do with the original purpose of this act.
The challenge we as a movement had in challenging this act was finding a party withstanding, a party that could articulate a harm from what Biden was doing beyond the harm that all of us suffer as a country when the government acts lawlessly in that way.
And a team of lawyers under former Missouri Attorney General, now Senator Eric Schmidt, led by a guy named Michael Tallant, who's a good friend of mine, found a Missouri state entity called Mohila that they believed had the right to sue.
Today, the Supreme Court in a 6-3 decision said that they were right, that Missouri, this Missouri entity called Mohila, did have the right to sue.
And most importantly, they ruled in a strong opinion that what the Biden administration did was totally extra-legal.
There was no statutory authorization for them to do that.
And in a country like ours, governed by the rule of law, the Biden administration had no right to just go out there and cancel all of this debt.
So more than anything else, it was a vindication of the rule of law and a vindication of our system of separation of powers, in addition to being a vindication and a victory for people all over the country who paid off their student loans or who, like you, didn't go to college, but went on to great success in their lives.
So it was a huge win.
It was one that a lot of people were worried about because of these complicated jurisdictional issues buried in it.
But thankfully, we had a strong 6-3 opinion.
And I think we're going to see more of that in the coming years as the Biden administration continues to overreach in so many areas.
Yeah.
And so, Will, let's just talk more multi-generationally in one sense.
So you've been kind of in the conservative legal world.
Is it fair to say that the victories we're seeing now would have just been unthinkable a decade ago or even a decade and a half ago?
I mean, what we're seeing from affirmative action being struck down, Roe versus Wade last year, the student loan thing.
We're seeing the decision out of Colorado, which I totally am thrilled with.
We're seeing one after the other.
This is in some ways better than we could have possibly have imagined a decade ago.
Donald Trump deserves extraordinary credit, but also the Federalist Society worked very, very hard for years to get good judges in place.
So we'll talk about the significance here.
And I'm trying to prompt you towards a pace of positivity because our audience needs it because there's just like black pills being dispensed every day.
So Will, how big is this?
I think a decade ago, we couldn't have dreamed of these wins.
Of course, we couldn't have.
And remember, it was just last year that we overturned Roe versus Wade.
We got the Bruin case, which is the most important Second Amendment case in a generation.
This court that really, as you said, President Trump deserves a ton of credit for, is shifting the bounds of the law and is just changing the realm of the possible.
We finally, after a century of liberal judicial activism, have a court that's willing to stand up for the Constitution, stand up for the rule of law, stand up for the separation of powers.
And we are just starting to see how much that will mean for America.
I think in the coming years, you're going to see more litigation over race conscious, basically racist policies in government contracting in an American society.
I think we're going to see a lot more attention paid to issues of religious liberty, making sure that Americans of faith have full access to all aspects of American society and won't face discrimination for their beliefs or their practices.
I think we're just at the leading edge of what's going to be a revolution in constitutional law in this country.
And as you said, President Trump deserves a ton of credit for that.
Three great justices, Gorsuch, Kavanaugh, and Barrett.
As you know, I was honored to work on the confirmations of Kavanaugh and Barrett.
All of us who were involved in that process are just really proud right now.
And you should be.
I mean, this is multi-generational type stuff that really puts the brakes on this Maoist cultural evolution.
Talk about that, Will.
And you see it in the anger in the left-wing legal commentary.
You see it in, I think this is one of the reasons why they're indicting Trump.
They just hate him so much.
They need to get it out of their system.
These are sick people.
And this only reminds them.
This week has been a reminder why they need to try to punish Donald Trump, because they say this guy never should have won.
It should have been three justices that Hillary Clinton put in place.
But that plan was disrupted.
And their incredibly radical agenda is now being struck down by Article 3 of the Constitution.
And Will, I love the way you said it.
We might be on the leading edge of a renaissance, a revitalization.
And again, this is what I want to just challenge all of you in the audience.
Things can get better.
It takes work.
It takes sometimes the divine grace of the Lord, which I think played a role in Donald Trump's victory in 2016.
And then it takes, you know, some taking risks.
And you have to have good complaints and you have to have the right infrastructure.
And so I think all these things are super important.
So, Will, what would you give this session or this, now that they're out for the summer, how would you grade this?
A, B, C, how would you grade this, these opinions that they put forward?
It's a clear A, and you'd have to be crazy to think otherwise.
There are always going to be folks on the right, you know, who are sitting in their basements rage tweeting about how things could have been better.
It's really tough to see how things could be better.
The idea of overturning race-based affirmative action finally after 50 years.
I mean, these are, as you said, it's a generational fight.
The conservative legal movement was out in the wilderness for decades.
And thankfully, we were positioned after President Trump's win in 2016 to confirm great judges and justices.
Remember, it's not just the Supreme Court.
We now have outstanding judges all over the country in federal courts of appeals and federal district courts.
And as litigation is generated as a result of the cases this week in higher education, in terms of religious liberty, in terms of the separation of powers, core constitutional principles, we're going to see that hard work finally at long last pay off.
But I want to make another point.
You talked a bit about the left.
It's important for all of us to remember that the left only believes in advancing more leftism.
Marx doesn't know how to build.
Marxism just generates Marxism.
They don't believe in the Constitution.
They don't believe in the separation of powers.
They don't believe in the ideals and institutions that made this country great.
And the second those institutions are no longer advancing leftism, the left will jump through any hoop, jump over any barrier in an effort to tear those institutions down.
And in the attack that we've seen on the Supreme Court in recent months, that's where that comes from.
And that's why we're seeing that now.
The left is furious and they should be because we have finally taken back the federal judiciary and we are finally vindicating the Constitution in courtrooms all across America.
Will Scharf, I'll say this.
Alito told people that he really trusted after the Obama era and those Supreme Court decisions, he was so depressed that he might have just retired out of despair.
Scalia joked around.
We actually have this tape.
We'll play it in a second with an uncommon knowledge with Peter Robinson that, boy, there is no good news.
This is after the 2012 kind of cycle of decisions.
11 years later, we have Will Scharf, who's very conservative, great guy, giving an A to the U.S. Supreme Court.
Everybody, things can get better.
And thank you, Donald Trump, for fulfilling his promise.
Will Scharf, thanks so much.
Thanks for having me on, Charlie.
Always great to be with you.
Hey, everybody, Charlie Kirk here.
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Joe Biden has announced new plans on student loans moments after the Supreme Court strikes down his bailout program.
He just thinks he can do more executive orders.
He doesn't care.
The fight will not stop.
Great decision.
They're going to press on.
Are we?
Yes.
Joe Biden announces that he is going to put forward a new executive action on student loans.
So the student loan decision, let's talk about this for a second, is a great decision.
Any one of you that did not go to college, this is an insult to you.
Every one of you that made decisions to have less student loans, it's an insult to you, what Joe Biden was trying to do.
What Joe Biden was trying to do was unilaterally forgive student loans.
Biden's plan announced last year was to forgive $10,000 in student loan debt for individuals earning less than $125,000 per year, as well as $20,000 in debt for those who received Pell Grants.
For those who received Pell Grants, for example, the estimated cost of this plan was roughly $400 billion.
Biden has tried to claim authority to do this by signing the HEROES Act, a post-9-11 law.
The HEROES Act responded to 9-11 by giving the Secretary of Education the power to waive or modify any statutory or regulatory provision for somebody, quote, affected by a war or military operation or national emergency.
So Biden took this law, argued that COVID was one such national emergency, ridiculous, and then just said it gave him the power to just modify or forgive all student loans in America.
It was completely ludicrous stretching of the law in question, and the Supreme Court called it out in their ruling.
If Congress wants the president to be able to forgive student loans en masse, they need to pass a law that actually clearly grants that power John Roberts' rights, but they won't be able to get that through Congress because it's deeply unpopular.
It's incredible how biased the coverage of this is.
For example, they're saying that this is supposed to be a relief bill.
America's student borrowers have already received a three-year pause on their student loans due to COVID.
This was a gigantic monetary giveaway.
During the pause, their loans didn't collect interest, and thanks to Biden's inflation, their real monetary value has declined dramatically.
Yet the press is presenting it as incredibly unjust that borrowers will finally have to restart payments this fall.
They're protesting that borrowers will finally have to repay the rest of what they owe.
And of course, the press acts like this will be incredibly burdensome to do, even though they constantly claim the Biden economy is amazing.
For any one of you that worked your way through college, played college sports or athletics, that made the tough financial decisions, Joe Biden trying to unilaterally with a pen get rid of all student loan provisions and just say, you know what, we're going to forgive student loans was an insult to you.
Politicizing Pride Month 00:02:21
And the Supreme Court acted justly in this regard.
I want to reiterate a point I made earlier.
There's a fair amount of negativity out there, and we receive it in our email inbox, freedom at charliekirk.com.
Oh, Charlie, things will never get better.
You know, how do we improve?
Is the country over with?
The honest truth is there's a lot going wrong right now in America.
There's a lot of negativity.
Our borders are open.
We have the silly thing we're doing in Ukraine.
Our elections are not secure.
We have a lot of problems.
We've got double-digit inflation, but not everything is bad.
Conservatives focused on the courts.
We focused on the courts, post-Planned Parenthood v. Casey.
We saw that the Supreme Court has a lot of power.
When they borked us, we said, oh, okay, we're going to politicize Supreme Court justices.
Then we're going to make sure we have superstars.
If you're going to all of a sudden politicize Supreme Courts, the Supreme Court process, then we're going to get people like Alito.
We're going to get people like Clarence Thomas.
We're going to get people like Amy Coney Barrett.
We're going to get people like Gorsuch and Kavanaugh.
Roberts is a whatever.
And the United States Supreme Court, yeah, they don't rule correctly all the time.
They get a little goofy here or there.
But on the balance, they've been excellent.
When we look across the landscape, we do not have the CIA.
We do not have the FBI.
We do not have the Department of Justice.
We do not have Google.
We do not have these major corporations.
I'm not trying to even say we have the Supreme Court as patriotic, constitutional-loving Americans.
But they're not totally captured.
It's thanks to Donald Trump.
It's thanks to you.
It's thanks to fulfilling those promises and many, many decades of work.
So, not all is lost, everybody, on this beautiful last Friday of June, the last Friday of Pride Month.
What a way to end Pride Month, by the way.
A blow against the LGBTQ compelled speech mafia.
They lose.
America wins to win for liberty.
Thanks so much for listening, everybody.
Email us your thoughts as always: freedom at charliekirk.com.
Thanks so much for listening, and God bless.
For more on many of these stories and news you can trust, go to CharlieKirk.com.
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