Meanwhile, the democrats are really trying to push hard,
particularly democrats in the media.
So you've got ABCs Terry Moran, saying,
that you never know what they might do next.
What are they gonna do next?
My God, the Supreme Court, they might actually go back and
overule loving versus Virginia, and allow states to ban interracial marriage.
Really?
That wasn't even based on the right to privacy, idiots.
That's based on the equal protection clause, wrong constitutional clause,
you morons.
And then they try to climb, well, they might overturn Obergefell.
First of all, Obergefell is a bad Supreme Court decision, and
if we had a Supreme Court with itself, they would overturn Obergefell.
>> Alito's draft opinion specifically mentioned sodomy related matters,
and how he doesn't necessarily agree with constitutional
right to not have the government involved in your sex life.
Why did he needlessly mention that if they're not planning on doing more?
That was a smoke signal to conservatives, do more,
send me more cases like this while we have the conservative majority.
Is anyone really denying that they're looking to overturn gay marriage?
>> I have not.
I mean, look, he obviously wants it, obviously.
I cannot believe that people gave him glossy magazine write ups that he was
some sort of intellectual gladiator.
>> Cool kids philosopher.
>> That's just like, you moron.
He also was ignoring people who say that these rights should be respected under
the equal protection clause.
He made a mockery of that in his ruling too.
He seems to believe only because there was one area where Alito was totally ignoring
literally decades of precedent, then that's the only thing we get to criticize.
And you're morons, if you point out that it also shouldn't be overruled for
multiple other reasons.
No, that's not true at all.
Look, he knows that he can't win this argument on the merits, he can't actually.
The right has not been able to convince people to oppose abortion for
literally decades for 50 years.
As far back as you wanna go in polling,
you cannot find a majority that thinks it should be overruled.
He doesn't think he can win the argument on same sex marriage, or any of this.
There have always been right wingers that have been wrong on these issues.
There's, you don't go back that many years in terms of polling to find some southern
states where right wingers wanted interracial marriage to be overruled.
You guys are wrong and backwards on all of this, Ben Shapiro.
The difference between him and most of the people watching him, or
the base that he's trying to appeal to, is that every once in a while,
he has to pretend that he cares about the law, that has anything to do with it.
This is goal oriented, he wants us to live in Gilead, Ben Shapiro does.
And if they have to they put their religious zealots on the Supreme Court,
and they come up with some BS reason to overrule decades of precedent,
then they'll do it that way.
They'll try to pass laws and ignore the constant.
He doesn't care about any of this.
>> Stop pretending that you care about the constitution.
What we've seen from the right wing in America is absolutely no
intellectual consistency.
No concerns about being criticized as hypocrites as they engage
in hypocritical behavior.
And I have no doubt that, I mean Alito, he did not agree with
the Supreme Court's decision, which ended up legalizing same sex marriage.
Is anyone really denying that the conservative justices which were
by the way, they were made in a factory called the Federalist Society, right?
You think that they're not there for a very specific reason, which is to reverse
any progress that's been made in this country on social issues,
including giving people more rights, whether it has to do with making decisions
about their own bodies, making decisions about what they do in their own bedrooms,
making decisions about who they can and can't marry.
It's amazing to me that, but that's the thing, what Shapiro is engaging
in is exactly what I'm seeing from other conservatives today,
which is downplaying the ramifications of this right wing Supreme Court,
because it is unpopular to take these rights away from people.
Morning consult politico just did a poll showing that two
thirds of Americans disagree with reversing Roe v Wade,
two thirds, including the majority of independence and even,
only 51% of Republicans want to overturn Roe v Wade, only 51%.
It's still a majority, right?
But it's a tiny little majority within the margin of error for that that pole.
Anyway, I give you that data because there is a reason why they're downplaying this.
There's a reason why they're focusing on who leaked the draft opinion,
rather than talking about the ramifications of this.
I mean, if it is so popular, why isn't Ben Shapiro and
all the other conservatives just incessantly talking about how great it is
that they managed to take rights away from women, and took agency away from women.
By the way, the same group of people who felt that it was a huge
constitutional violation to ask people to wear masks during
a pandemic that had to do with a severely contagious virus.
>> Well that's government overreach.
>> Government overreach- >> Cloth it's on your face, overreach.
>> But these [CROSSTALK] But these perverts spend all day thinking about what
women are doing with their bodies.
>> Sitting around like no, we're so good.
We're so chaste, were so this, were so that,
we wanna know what you're doing with your body.
We wanna know whether or not you're engaging in sodomy.
Did your wife give you a blowee?
Not allowed, not allowed, and yes, oral sex is considered sodomy and
the right wing wants to outlaw that.
It is insane, this is the Republican Party folks, make them own it, make them own it.
>> But they don't, Ben Shapiro is never gonna do an hour long show
explaining exactly why abortion should be illegal,
why women should be thrown in jail if they do it, why doctors?
>> No, they don't do that.
They make up these fake ideas of of abortion being all it's all done in
the last hour before birth, or it's the people on Fox today saying that
the democrats wanna do it after they're born.
They want, within the first year, they wanna do abortions.
They have to argue against fantastical versions of it,
because they don't think that they can win on actually arguing their philosophy,
which by the way, they tried for decades, there were right wingers,
evangelical organizations, which would go around.
And they had amazingly persuasive tactics like photos of fetuses that they put on
signs, and they marched around.
And that sure seems to have convinced a lot of people.
So they don't even try to win on this, there, he undercuts his own
BS almost immediately saying, the left is like, well, what are they gonna do next?
What are they gonna do next?
They're gonna come for same sex marriage.
Well that actually should be overruled.
He's instantly admitting that they wanna go further.
And by the way, here's the challenge you Ben Shapiro, try to actually convince your
audience on the merits why same sex marriage should be made illegal.
Understanding of course,
that you're now operating in the deficit where we've had it for years.
You guys spent years, and years, and years, saying,
if we allow them to get married, civilization will fall apart.
The walls of our society will come crumbling down.
You can't allow it.
Well now, we've had over the years.
What happened?
What what happened to your predictions?
So now you're saying we should make it illegal again after years of knowledge
that none of your predictions came true.
You know what happened with same sex marriage,
more married same sex couples, that's what you had and
they just lived a married life and we kept on with our lives.
That's it.
And if it does bother.
I think he's mostly lying for his evangelical viewers.
I don't think he actually cares about this.
But if you are baby brained enough, Ben Shapiro, then you stay up late
at night worried that somewhere in another state two gay people are getting married,
then talk to your audience about that, and actually try to convince them.
Don't pretend that you care about the constitutionality about it.
>> Actually stand behind your fake BS religious dogmatic values.
>> Let's go into more of Ben Shapiro's opinions on gay marriage.
And then we'll show fun videos of his friend Dave Rubin, let's watch.
>> First of all, Obergefell is a bad Supreme Court decision.
And if we had a Supreme Court with itself, they would overturn Obergefell, but
they're not going to.
They explicitly say Alito says, I think three separate times in that decision
that I read in nearly its totality on the air yesterday, that this has no impact on
other cases of different lines, which is a clear reference to Obergefell repeatedly.
Okay but democrats know that deep down in the cockles of their tiny little grinch
like hearts on abortion, they know, that the abortion issue is not a winner's.
They're trying to expand it and say, well, you never know the Supreme Court,
they might go after gay rights, they might go after.
Sure, you're right, the same Supreme Court in which Neil Gorsuch idiotically ruled
that the civil rights act of 1964 covers transgender people is going to now
overrule Obergefell.
I'm sure, Terry, go for it.
>> Literally in the middle of a monologue saying that they should make it illegal.
>> Yeah, no, let me tell you what the draft opinion actually says.
First, I think an important interpretation of it.
Critics, let's go to graphic four, critics of the draft decision believe that if
Alito's opinion is ultimately rendered, it will represent an opening salvo in a push
to target other rights grounded in privacy and liberty.
There's good reason to believe that.
And I'll explain why in a second.
>> It'll also destabilize the law by rendering the legal doctrine of Stare
decisis, the notion that courts should follow their precedents,
even if they disagree with them to protect the cohesion of the law, a dead letter.
>> Ann absurd.
>> 100%.
>> Now, Sonia Sotomayor noted that in Casey v planned parenthood and row,
the court said there is inherent in our structure,
the understanding that there are personal decisions that belong to individuals and
the states can't intrude on them.
Then she listed cases concerning the right to contraception, and to the right
to marry, and said that none of those things are written in the constitution.
They have all she said, been discerned from the structure of the constitution.
Now it's important to note that, because what we hear from conservatives like
Alito, like Ben Shapiro is, well, the constitution doesn't
explicitly say that women have a constitutional right to abortion.
The constitution was intentionally written in a vague way, so
it could apply to a variety of issues.
He knows that, he knows that.
I mean, there are all sorts of Supreme Court decisions that conservatives
have signed onto pertaining to issues that are not explicitly named or
mentioned in the constitution.
They know that.
But, I do wanna go back to Alito's opinion here because Alito noted that
the Biden administration has replied upon decisions like Lawrence v Texas,
the right to sodomy by the way, engaging in consensual sexual acts.
And Obergefell versus Hodges the right to marry a person of the same sex in
defending roe.
And he wrote, this is what Ben Shapiro is lying to you about because this which
Alito actually wrote, let's go back to that graphic.
Alito wrote, these attempts to justify
abortion through appeals to a broader right to autonomy, and
to define one's concept of existence proved too much, Alito wrote.
Alito said that such criteria at a high level of generality could license
fundamental rights to elicit drug use, prostitution, and the like.
>> None of these rights has any claim to being deeply rooted in history.
>> [INAUDIBLE] He could, by the way, he'll argue the same thing, he'll argue
the same thing about gay marriage, which by the way he voted against.
>> When the Supreme Court handed down its decision reversing the ban on same sex.
>> Yeah, and Ben Shapiro hopes that he does, he thinks that he will.
But, you see right there he said, they're trying to make it about something else
because they don't think that abortion is a big winner.
First of all, I will pile up poles and smack them across your face if that's what
it takes to get you to understand that you guys know that you've lost on this.
You can go back years, decades,
the people have never been on your side in this issue.
We are obviously worried about other rights being stripped away, because you
are supportive of a group of Christian radicals on the Supreme Court using
the bible in place of the constitution to decide what our rights should and
shouldn't be.
So yes, we are worried about the future by design.
You want it to be the hellscape that we're worried about.
But we're also justifiably worried about the abortion thing,
which we are winning on.
Obviously again, there's no, there's no attempt to make the case for any of this.
Ben Shapiro, whether he believes any of this or not, and it's hard to say,
he gets really worked up in a squeaky way, which implies that he does actually
believe the religious dogma that he's accepted uncritically throughout his life.
It's possible it could just be a distraction because at the end of the day,
his donors want low taxes and
they believe that religion is a convenient distraction to get them towards that.
But yeah, we should we be worried about all of this by design.
And him saying Alito was very specific in that, yeah, Alito,
like all of them lied about what they would do in regard to Roe v Wade
when they were testifying before the senate.
That's the whole point.
They're not divine judicial angels.
They're partisan people.
That's what they their political actors.
And if you're watching this,
you don't get this maybe from watching the mainstream media or something.
You've been given this idea that politicians on the one side, senators or
Supreme Court justices are, are beyond these sorts of things.
These are as jENks says, dignified gentlemen and women.
No, they're political actors.
That's why they were chosen.
Amy coney. Barrett wasn't chosen
because of her great legal mind.
She was chosen because she's young and she's a religious zealot.
That's it.
>> That's it.