Buck’s Opening Monologue on the Momentous Roe v. Wade Leak

BUCK: I was just last night texting with Clay and I was saying, “Oh, I’m thinking it’s gonna be a pretty quiet news day,” ’cause we talk about stories what we’re gonna talk about on the show at all hours and I was finishing up some notes from my little history podcast on the Siege of Malta, which I like to do, and then I get a text from a friend, and I can’t actually say what the text said on the air.

But it’s somebody I know who’s a brilliant legal mind who follows the happenings of the Supreme Court very closely. There was an exclamation, I would say, or there was some colorful language with “What the heck is this?” Roe v. Wade looks… Based on a draft version of a Supreme Court decision, Roe v. Wade looks like it is about to be overturned, which I had anticipated was possible.

I had said on this show, I thought this was going to happen, but it wasn’t supposed to be something we would know one way or the other for weeks from now, probably sometime in June. And yet the decision comes out early. It’s not an official decision. There’s so much here, my friends. There’s the legality of it, the politics of it, the morality of what all this means.

This is enormous in its implications for the country. We’re gonna work through this together today. It could have a major impact on the midterm elections. It could have a major impact on power in this country — which party will have it, what they do with it — and of course on life, in the fight for life, first and most importantly that has been underway from the pro-life movement for decades now.

This isn’t the end of that fight even if Roe v. Wade is overturned, as we all know. It just means that now we’re on the political playing field instead of excluded from it by a disastrous Supreme Court decision, really couple of Supreme Court decisions, Planned Parenthood v. Casey included and Roe v. Wade. So, we’re gonna talk to Shannon Bream of Fox News, Supreme Court reporter and top legal analyst over there.

We’ll talk to her coming up in a little bit about just the process issue here. A leak of what may be arguably the biggest Supreme Court decision certainly of my lifetime. I mean, there’s a few others that would be in the running, but probably the biggest one if this comes down as it is, is momentous. But you see we’re caught between these different emotions right now, because on the one hand we have a glimpse.

Those who believe in life in this country — those who believe in the right of unborn babies to live — have a glimpse of a much better, brighter, more moral, ethical future for at least a lot of the country. It’s not gonna change the law even if this decision comes down in meaningful ways in places like New York where I live and in California.

But in other states, obviously, this could very well mean that the state legislatures have a free hand to write the laws, to legislate as they see fit on this issue, to protect life, to find what the exact codification would be of when an abortion would be possible or not possible at any phase except perhaps the life of the mother at risk. But that’s all what the legislature would be left to do.

But there’s another huge issue. On the one hand we see, we glimpse ahead and see this future of a better, more just, more decent country, of a country that is writing one of the greatest historical wrongs in fact in this country, which is the abortion regime of the last 50 years. We are on the precipice but we’re not actually even at that phase yet, ’cause we don’t know if this will stay.

That then brings me into the politics of this. A leaked Supreme Court decision. Why did this happen? Who did this, and to what purpose? Well, seems pretty clear this was a leftist. There’s no reason to leak in prematurely if you’re somebody that is pro-life, a conservative, a constitutionalist. And we can talk more about what’s…

I read the draft last night. I read the opinion. It’s 5-4, by the way. Justice Roberts, a coward exactly as I had thought he would be, actually said he would be on this side of this issue. That’s why I always thought it would be 5-4. Stunning. Oh, it’s the decency. He’s always trying to protect “the decency of the court.” Really?

‘Cause the court’s being undermine at its foundation by the leftists that he keeps protecting from their unconstitutional desires being taken away. He keeps defending. He saves Obamacare, and he was willing to save, at least in part — in part — the abortion regime, according to this. But the legal analysis of this for me — which, as I said, we’ll spend more time on this.

This is momentous. I have never lived in a non-Roe, non-Planned Parenthood v. Casey America. I mean, there are some people who will recall what it was like before then, but I do not remember. I’ve never lived in a country where I didn’t have leftists, including Planned Parenthood, running these horrible institutions that are taking life on a daily basis for convenience.

They have all these euphemisms. “Oh, it’s for liberation. Oh, it’s for equality. Oh, it’s for due process.” They actually pretend there’s a due process component to terminating a pregnancy, to killing a baby. So the legality of it, legal argumentation is actually not very complicated. You go into this; it’s close to a hundred pages, the decision. But when you go into it you can see, here’s the very basics of it.

There’s no constitutional right to abortion. This was a huge, monstrous lie — an obvious lie. There’s not a good-faith case that there is a constitutional right to abortion. If there is a constitutional right to abortion, I have a constitutional right to be flown to Mars by the taxpayer. It is just absurd. It does not make any sense. But that was what we were all told. Right?

When we went to school, we learned about this. They say, “Oh, Roe v. Wade established a constitutional right to abortion.” This not only did violence to tens of millions of unborn babies, but this did violence to the very concept of law itself. One of the ugliest decisions in the history of the Supreme Court, one of the most clearly wrongly decided in the history of the Supreme Court.

So the legality of it, we could spend some time on. I’ll pull a few of the excerpts for you today. I was up late last night taking notes on it. But you know. You know the analysis, all of you listening across the country. It’s really rather clear. There is no wording of the Constitution, there is no understanding of the English language, of English common law, of U.S. history, of basic ethics…

There’s no understanding that you could actually apply to our legal regime before Roe v. Wade and come away saying, “You know what? There’s a constitutional right to abortion.” Constitutional right! This was always flimsy. Leftists who are honest — even leftists, some of them legal scholars who are very in favor of abortion as a practice and think it’s important for women to be able to do this — some have been saying this.

I even studied under one in college, a leftist. I took a class with him. My advisor was Professor Hadley Arkes, who was involved in drafting the Born-Alive Infants Protection Act — which, for those who don’t know, this was my college adviser. I think this is noteworthy just because it gives you a sense of how extreme the law post-Roe was. Professor Arkes was part of the drafting of and part of pushing a bill that would say that those that survived the abortion procedure…

Survived: A baby outside the womb and was now just a baby, ’cause that did happen. The left says that never happens. They’re lying. That did happen. That that would be treated as a baby with full rights of a human being, that had to be passed as a law. By the way, when Obama was in the state legislature in Chicago, he opposed the state companion bill to that, to give you a sense of where a good leftist like Obama stands on those issues.

But that’s how extreme the abortion lobby and regimen became. You’ve seen even in anticipation of this, there are women who are walking around bragging about abortions and wearing T-shirts saying, “Abortion was the best thing and it saved my career.” It’s horrifying. It’s ghoulish, and it’s deeply wrong. It’s also so deeply sad — and it’s sad that as a country we have been put through this, on so many levels.

It has all along eroded faith in the true rule of law because it was absurd, because it was outrageous that this was considered a constitutional right. We’re not all imbeciles. They can do as many word games as they want and, “Oh, it’s the penumbras and the privacy and the due process clause. “It was all just dishonest lawyering from a movement that really started to embrace, as you see, the demonic. Go back and see what we found from the Center for Medical Ethics and some of these groups.

David Daleiden and others have been pushing to expose what these abortion procedures are really like so you can see because if you see and you know then you change dramatically, I think, in feelings about this as a policy. But there’s also another part. My friends, this is momentous on so many levels, but the part of me that wants to celebrate enormous progress knows, we’re not there yet.

This could still be derailed, and I do believe that that is the purpose of the leftist who leaked this. But it also is remarkable that we’re supposed to celebrate that after 50 years and tens millions of abortions, finally, finally constitutional sanity and basic morality and ethics have a fighting chance, have a fighting chance. We’ve been kept off the battlefield of ideas, essentially. Not entirely, obviously.

We got to this point, and there has been the pro-life movement. But legally speaking, legislatively hands have been tied on this. States were not to legislate. States were the allowed to come up with their own policies about this. They were told, ‘Sorry, law of the land! Settled law of the land, constitutional right,” which of course is absurd, has always been absurd.

It’s a lie. But now the politics of this. I had been asking on this show, as you know, Clay and I have been discussing it for a few months now, the Democrats are going to come up with something. I don’t know what it is, but they will not just go quietly into their midterm annihilation. They will not admit that they’ve been wrong on so many things — and also, they were not gonna go quietly on this particular issue.

You see it’s now all coming together. What are they going to try to do in order to get base turnout? How are they gonna try to maintain their grip on power, given that we’re in a period of high inflation, weak economy, wide-open borders, high crime, all these things? All traceable to bad Democrat policy making. So what was the plan? How were they going to make the pitch? It just didn’t seem possible for them to do it based on the merits, based on results.

With this leak of the Supreme Court draft, you see what the Democrat strategy is for this year, for 2022. And it is treachery, treachery against the very foundations of our legal and justice system, treachery against the basic faith that we can have that when the system doesn’t necessarily give you what you want, there are still principles in place where you respect that legal and political system. No. We see the plan is treachery, friends, and that’s what’s you have to be ready for ’cause it is gonna get much worse; I can assure you of it.