We Saw This Coming, But Donโt Be So Sure the Decision Wonโt Change
3 May 2022
BUCK: Chuck Schumer:
.@SenSchumer on U.S. Supreme Court & Abortion: โThis is a dark and disturbing morning for America.โ
He adds: โNow that the Court is poised to strike down Roe, it is my intention for the Senate to hold a vote on legislation to codify the right to an abortion in law.โ pic.twitter.com/7iu0IJ7FWj
โ CSPAN (@cspan) May 3, 2022
BUCK: Of course, Chuck Schumer huge proponent of abortion. If youโre a Democrat politician in โ oh, my โ New York, in California, you have to be. But he is telling you exactly what we all should have expected here, which is that theyโre gonna try to mobilize politically. Theyโre gonna mobilize politically against this. This will become a rallying cry for the Democrat base going into the midterm.
No question about that, again, all assuming that this is how the final tally comes out. I am not 100% convinced that it will. I think that thatโs why the leak happened in this way, because they want to bring the pressure to bear, because they think until itโs done, itโs not done. And theyโre at some level correct in that assessment, in that analysis. Alan Dershowitz. I mentioned another professor emeritus at Harvard Law School. Hereโs Alan Dershowitz on, yeah, the leaker did this to change the outcome, probably.
BUCK: By the way, it should not be held up using the Commerce Clause, the many-headed hydra of the Wickard v. Filburn decision that not only could the federal government decide what regulations were okay for wheat you would sell across state lines. But wheat even sold within the state or used for individual purpose could be regulated because it would affect, in some way, that interstate commerce; therefore, they can regulate everything.
Thatโs a quick Wickard v. Filburn rundown for you. And then the government decides, Democrats, the leftists, the authoritarians, โOh, weโre gonna have federal laws about everythingโ that they want at least. โWeโre gonna federalize whatever because, you know, it affects commerce in some way.โ The most tangential, the most flimsy connection to interstate commerce is used as a justification for federal overreach.
Itโs just been growing and growing over time. So that may be where this goes. But keep in mind even if they were to codify at the federal level a right to abortion, what happens when Republicans are in the majority? Hmm, right? Which we all know is probably coming soon. So imagine how that will go. Clearly this should be left to the states, which is what the draft opinion says.
This was Scalia, a devout Catholic. This was an actual devout Catholic, unlike Joe Biden who is a phony devout Catholic โ and Nancy Pelosi, too. Big proponents in public life and as legislators and in Bidenโs case, of course, chief of the executive branch, big proponents of abortion for all. Thatโs supposed to be the basisโฆ I went to not just Catholic school, I went to Jesuit school growing up.
Thatโs supposed to be the basis for excommunication, but unfortunately the Catholic Church has been infiltrated with a lot of social justice warriors; so itโs a conversation for another time. A lot of leftists are running around who go against church teaching and bow at the altar of the authoritarian left while theyโre their Roman collar. The reality here for us, friends, is that this is gonna get very tense and heated no matter what.
And itโs tough to know whether it will come mostly after the decision is made official, which could be held up until perhaps late June, or if weโre going to see the spasms of rage from the left now. But this was big. This is a big one. This is as big a moment for the Supreme Court and the rule of law as any of us will ever experience in our lifetimes, honestly.
This is an enormously consequential decision, and it does start to answer โ weโll spend a little more time on this in the next hour โ what the Democrat playbook is here. As you know Iโve been asking that. And a few months ago โ โcause I like to have some accountability for what our predictions are and to follow where we thought things were going so we can always be refining.
But one thing weโve known that the fight over this was going to be absolutely vicious. So weโve known that this would be a mobilization point out for the left for some time and that this would be the result of hysteria, right? If they actually had this decision, they would react to it in this way. Okay, so first Iโll start with this one, with the fight that we are going to experience here.
This was on September 2nd I said this of last year.
BEGIN ARCHIVE CLIP
BUCK: And the reality here is the left is going to go absolutely all out. I mean, thereโs this whole machinery of the abortion industry that is enormously influential and powerful. Itโs really the only thing, as a Democrat, that you have to sign on. To be a Democrat, you must be pro-choice, pro-abortion.
CLAY: Yes.
BUCK: Thereโs no room for other things, really, as a Democrat in todayโs party or in their party. And theyโre going to put a pressure campaign together against sitting Supreme Court justices, the likes of which we have never really seen before. It will be somewhat similar to the ferocity of the smearing Kavanaugh campaign, but it will be much more drawn out. And the stakes, in their mind, will be even higher.
END ARCHIVE CLIP
BUCK: So it will be even higher I said. So that was back in September, and here we are on where we thought this was going. This was October 22nd of last year.
BEGIN ARCHIVE CLIP
CLAY: I think Mississippi, they will say itโs legal, but that Texas went too far, and they will then argue that there is some new standard for how Roe v. Wade is implemented in the twenty-first century. Thatโs my bet.
BUCK: I think for the first time in 50 years we could see Roe go down. I think thatโs what the court is in terms of the makeup โcause Roberts will try to save it. I donโt think Roberts will be able to save it.
END ARCHIVE CLIP
BUCK: It turns out, that was correct. So Roberts tried to save it, Roberts canโt save it, 5-4, Roe goes down โ unless the pressure campaign works.
So, yeah, like I said, that was back in October of last year. So we saw this coming, friends. We saw where the fight was heading, where the decision was heading. The leak I did not see coming, but it all make sense when you understand how they view this and how critical it is to the left.
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