Glenn Beck: Supreme Shakeup


M. Edward Whelan III


President of the Ethics and Public Policy Center

GLENN: I mean, is it just me? Can we turn the head phone volume down? Is it honestly, is it just me that just can't take the nightmare that is the news of the day. I mean, my gosh, it just never stops. Does anybody else want a nap? Is there anybody else that wants a nap? I've got to tell you I look at the news of the day and I think to myself, stop! I can't take anymore. We've got the swine flu, we have huge economic problems, we've got the problems in Iran and North Korea, we have the government firing CEOs, taking over. And last night Souter, you're like, you've got to be kidding me. Now, the only thing that's good about it is I mean, you could get a much worse judge, don't get me wrong, but I mean, it's not going to change anything. I mean, he's already a nightmare. How did that happen? Can anybody ever tell me if there's ever been a judge that the Democrats picked and all of a sudden it turned out to be, you know, Bork? Had that ever happened? Is anybody like, oh, yeah, you guys are going to love him; he is going to be for pot smoking abortion doctors. And then all of a sudden he turns out to be Robert Bork? How come that only happens to conservatives? That's what they want you to believe. Uh huh.

Wait a minute, hang on. This one came from George H. W. Bush, uh huh. No, he's he wasn't progressive at all. We have Ed Whelan on the phone. He is from National Review. Ed?

WHELAN: Yes, Glenn.

GLENN: Ed, are you there?

WHELAN: Yes, I am, Glenn.

GLENN: Can it get worse?

WHELAN: Yes, it can and it will.

GLENN: It's Friday, man, help me out a little bit.

WHELAN: Souter is a terrible justice but you can expect Obama to be even worse.

GLENN: It's not going to change the makeup or anything, is it?

WHELAN: It's going to entrench the bad five justice majority that we have and as new justices come on and have different agenda, it does affect things. So and, of course, it removes a huge opportunity to improve the court. So I don't think we can take comfort in the fact that the already bad court will simply continue to be bad, especially since there are a whole lot of issues on the horizon that the Court will be deciding in coming years and the justice that Obama appoints will probably be the fifth vote for things like imposition of the federal constitutional right to same sex marriage, stripping "Under God" out of the "Pledge of Allegiance," continuing to abolish the death penalty on the installment plan, micromanaging the government's war powers, inventing a constitutional right to human cloning. We can go on and on. Look, people have different policy views on these issues. I'm not saying that there's a single policy view that people need to adopt. What I am saying is that our Constitution leaves these issues to American citizens to work out through their elected representatives. It does not give the power to Supreme Court justices to impose their view on them, but that is clearly what Obama means to do.

GLENN: I have to tell you, when did that go away? When did the idea Judge Napolitano and I were talking the other day about the Dred Scott decision and there were Americans that said, I ain't abiding by that, I don't care; if that's what the Supreme Court says, I don't care; you can throw me in jail. When did we become this country where we legislate from the bench and then we just take it?

WHELAN: Well, that's a very good question. I'll tell you that the Supreme Court itself never stated that it had this final authoritative role supreme over all the other branches until 1958, but a lot of people pretend that this is rooted in Marbury versus Madison, which is a gross misreading of that 1803 decision. We live now in an era in which people have become accustomed to judicial supremacy and think that the Supreme Court can willy nilly decide all these issues. It's understandable that people think that because that's been the practical reality for the last several decades.

GLENN: Right. That's what everybody says. And, well, the Supreme Court, they have to decide. But what it's turned into is the supreme council in Iran where it's just this group of men and they decide, you know, on what it's going to be. They pick everything. They pick the rules and the people don't have anything to say. They are not God. They work for us.

WHELAN: That's right. We have a system of government now by judiciary. The adjutant supreme and Supreme Court modifies court. It's talking about that court's role in the judicial system. It is not an assertion that the Supreme Court sits above the executive branch or the legislative branch. We've somehow lost, you know, an elementary understanding of basic separation of powers, principles.

GLENN: So who do you think's going to be nominated? What I hay well, I really don't want to make any predictions. There are so many bad choices to choose from that, you know, it's likely to be

GLENN: Throw a couple out there. Show me how bad it could get.

WHELAN: Let me talk about, well, you know, Harold Koh has been on the short list.

GLENN: Oh, jeez.

WHELAN: I know you've been talking about his nomination. The department of legal advisor, he has crazy views across the board. You take Deval Patrick.

GLENN: You know, Ed, let's stop here on Harold Koh for a second. Explain to people why Harold Koh I mean, here's a guy who's going to be writing and approving all of our treaties, them legally. Explain why Harold Koh is so dangerous because there are a lot of Republicans that are like, oh, no, he's not that bad. Those are the progressive transnationalist Republicans. Why is Harold Koh bad?

WHELAN: Well, from what I can tell, the Republicans who support him haven't bothered to look at his record. I know that from private communications with some of them. Look, Harold Koh believes that international law and foreign law should be imported into and imposed on American citizens. He has various means of doing that. One is that he favors reinterpreting constitutional provisions so that they COM port with ever changing rules of international and foreign law. He's explicit on that. I've spelled it out. No one's refuted it. What that means in practice is he wants to subordinate the American Constitution to foreign and international rules. We see that in his attack on First Amendment free speech principles which he finds opprobrious. We see that in his invention of rights to same sex marriage and abolition of death penalty. He also wants to use the sound to folks, that's how he wants to use cover, he wants to use so called customary international law which he says is generated by meetings of leftwing activists and UN conferences. He views that as binding federal law in the United States, and he says that if the United States rejects a treaty that 150 countries have signed onto, the terms of the treaty are nonetheless binding on the United States as customary international law. You know, he believes that the United States should never be able to engage in preemptive self defense, no matter how imminent or severe the threat. You can go on and on. He may be mainstream in the leftwing cesspool of legal academia but he's far he's a radical pick and the worst possible pick for this position where he will have influence on a broad range of matters. Indeed he himself has identified the value of occupying strategic institutional choke points where folks like him can have inordinate influence on the importation of international law into the American system.

GLENN: We're talking to Ed Whelan. He's the president of Ethics and Public Policy Center and also writes for the National Review and we're talking about Souter that, you know, he's now leaving. And Souter isn't a I mean, Ginsburg is a transnationalist, and this seems to be the next step of where we're going to where we just look to other countries and say, well, that's where the that's where everybody is going anyway. So we should go there as well. They are not looking to our law. They are not looking to our Constitution. They are looking to international law and the direction of the world saying that that's how we should apply and that's how we should start making decisions. Who else is on the list that you think could be brought up?

WHELAN: Oh, well, there are folks like Deval Patrick, the governor of Massachusetts, who has made some incredibly extreme arguments on racial matters, Cass Sunstein who's

GLENN: Wait, wait. Like what?

WHELAN: Well, he claimed a couple of years ago that the Supreme Court was on the verge of overruling Brown versus Board, you know, an outrageous misrepresentation of the case before the court. He's taken he argues that once the court speaks, that's the end of it. Just again extreme judicial supremacist. I've spelled out his views in a lengthy post, digging out now to run through more but, you know, he has oh, when he was assistant attorney general in the Clinton administration, he advocated an aggressive set of quotas that got even Clinton appointees to say that what he was doing was completely lawless. So he is as far left as you can go as a racial extremist.

GLENN: Anybody who's listening to me now in Pennsylvania, I just want to ask you if you voted for Arlen Specter, you knew are you now still saying that the people who didn't vote for Arlen Specter threw away their vote? You not only threw away your vote, your vote was now betrayed and Arlen Specter is going to play a role in this. Ed?

WHELAN: Glenn, let me mention just another candidate. A Hispanic judge on the second circuit who's prominently mentioned primarily because she's Hispanic and female, she's the judge who helped bury the firefighters' claims in this case that's now before the Supreme Court. We had firefighters in New Haven who studied hard for a promotional exam that had been embedded before him for its fairness. When they passed, the city decided it didn't like the racial composition of the folks who passed the test and it threw out the exam. And she tried to bury their claims in a one paragraph dismissive order that didn't even state what the case was about. And there's a fellow Clinton appointee, Jose Cabranes, a good judge who wrote a blistering dissent in the case saying that this is a completely irresponsible way to handle the case. She is a frontrunner here. You have, again there are plenty of others, happen to run through them but there's no one remotely good who happens to be under consideration.

GLENN: Any way to stop the steamroller? There's none?

WHELAN: You know, well, to be realistic about it, all we can hope to do is increase the political costs of a bad pick but, you know, realistically President Obama, you know, could get, you know, Bill Ayers confirmed these days.

GLENN: Yeah. No, I really think he could. And I think there's a lot of people in the population that will just be like, oh, stop with the Bill Ayers stuff; so what, he blew up a police station and the Pentagon; oh, stop it. There's a lot of people who would do that.

WHELAN: You would get letters from Republicans supporting him.

GLENN: I know. All right, thanks a lot, Ed, I appreciate it. He is the president of Ethics and Public Policy Center and also writes for the National Review.


 

An Afghan interpreter who helped save then-Sen. Joe Biden's life in 2008 was among those stranded in Afghanistan after Biden's troop withdrawal. He has now escaped the country with his family, but not with President Biden's help.

Thanks to private organizations, including The Nazarene Fund, the interpreter and his family have now been rescued.

Watch the video clip below to hear Glenn Beck share the details:

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A shocking new report by The Daily Wire reveals that the furious father whose arrest at a school board meeting likely sparked the call for the FBI to investigate anti-CRT parents like domestic terrorists was furious for good reasons: The Loudoun County School Board allegedly tried to cover up his daughter's rape.

Rep. Chris Stewart (R-Utah) joined Glenn Beck on the radio program Tuesday to discuss the incident and explain why he joined 60 lawmakers in a letter to Attorney General Merrick Garland demanding answers for why the FBI is targeting parents.

"We want to know ... what kind of coordination took place between the White House, activist groups and teachers unions, and the Department of Justice," Stewart told Glenn. "Because we have evidence that there was [coordination] and, in fact, that the White House are the ones who initiated this. They asked for these activist groups to write this inflammatory letter to the Department of Justice saying they were 'intimidated' and that they 'felt threatened', giving the Department of Justice Attorney General Garland, the excuse to say, 'Okay, well, we have to respond'."

Stewart went on to say he believes the federal government would only involve the FBI in such an issue if its purpose is to silence and intimidate parents concerned about the "poison" being taught to their kids in school. So, what can he and the other representatives who disagree with the Biden administration's overreach of power do to stop it?

Watch the video clip below to hear Stewart explain:

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Taiwan's Foreign Minister Joseph Wu is now warning that his nation is preparing for war with China after Beijing flew a record number of warplanes over Taiwanese territory. Wu reached out to another country for help, but it wasn't the United States.

In a video, Wu urged Australia to help prepare for a possible invasion, but gave the U.S. no mention.

"The defense of Taiwan is in our own hands, and we are absolutely committed to that. And if China is going to launch a war against Taiwan, we will fight until the end. And that is our commitment. And, of course, during this period of time, we would like to exchange with other countries for security cooperation," Wu said on ABC News In-depth's China Tonight program. "We would like to engage in security or intelligence exchanges with other like-minded partners, Australia included, so that Taiwan is better prepared to deal with the war situation. And so far, our relations with Australia is very good. And that is what we appreciate it for."

On "The Glenn Beck Program," Glenn, Pat Gray, and Stu Burguiere discussed whether or not America would do anything during such a conflict — because it sure seems like President Joe Biden is more focused on working with China to fight climate change. Plus, why did China just cut off all cryptocurrency?

Watch the video clip below to catch the conversation:

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On "Glenn TV" tonight, Glenn Beck heads to the chalkboard to reveal how the fundamental transformation of America has already begun by turning the Declaration of Independence upside down.

If Donald Trump was a dictator, then what do we call President Biden? In Biden's first nine months in office, he has already issued 64 executive orders – that's more than Trump, Obama, W. Bush, Clinton, Bush, and Reagan each issued in their entire first years in office.

You never hear the Left talk about the Declaration of Independence, the Constitution, or the Bill of Rights any more, unless it's to "reimagine" the Constitution or slap a "harmful content" warning on our founding documents. Seriously. The National Archives said while its website label wasn't targeting the Constitution specifically, "some of the materials presented here may reflect outdated, biased, offensive, and possibly violent views and opinions." The Left finds basic, guaranteed rights so offensive they now spend all of their time on workarounds to deal with America's annoying founding documents.

Watch the full episode of "Glenn TV" below to see Glenn outline the aggressive unconstitutional abuses "King Biden" is jamming down our throats and teaches Americans how we can defend against presidential tyranny.

Want more from Glenn Beck?

To enjoy more of Glenn's masterful storytelling, thought-provoking analysis and uncanny ability to make sense of the chaos, subscribe to BlazeTV — the largest multi-platform network of voices who love America, defend the Constitution and live the American dream.