Glenn Beck: Ed Whelan about the Sotomayor nomination

M. Edward Whelan III


President of the Ethics and Public Policy Center

GLENN: 888 727 BECK, 888 727 BECK. I'm sorry but my eyes don't work as well. I go into the break and I start to quote this, I look over to quote this from Oliver Wendell Holmes and I can't even see it because my microphone is away from the screen. This comes from a case, Barack Obama said that you know, he quoted Oliver Wendell Holmes and said, you know, we need people who are of great experience, we need people who have life experience to be able to do it. That's why Oliver Wendell Holmes, that's why he went to the Supreme Court. He had had life experience. He was a great guy. Everybody loved him.

There was this case, Buck versus Bell where there was this woman, her name is Carrie Buck. She was in an institution and she was institutionalized because she was considered sexually promiscuous. She was committed there to a state institution because she had she was promiscuous, they didn't know something was wrong with her, et cetera, et cetera, and they knew this because she became an unwed mother at the age of 17. She had been raped. The daughter was diagnosed as being not quite normal at the age of six months. So what did Oliver Wendell Holmes, a guy that Barack Obama quotes today as saying we need somebody that, as Oliver Wendell Holmes said, somebody of great experience for this role. Oliver Wendell Holmes, the Supreme Court justice, said that it is better for all the world if instead of waiting to execute degenerate offspring for a crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit for continuing their kind. Three generations of imbeciles are enough; sterilize her. By the way, as it turns out they were wrong about her and as it turns out Oliver Wendell Holmes was wrong about eugenics. But why even get into eugenics when we have the progressive philosophy being touted now by a whole new class of politicians.

We have now somebody who says, "I hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion as a judge than a white male who hasn't lived that life." We heard about her experiences. Quite honestly her experiences tell me she shouldn't be a progressive! Her experiences tell me this woman should be more in line with the Constitution than anything else. She comes here, her parents can't speak English, her father dies. She works hard. Her mother goes and buys the only set of encyclopedias that she can get in the entire neighborhood. She teaches her children to speak English, that you can do it. The brother goes on to be a doctor, she becomes a judge, she gets scholarships from Princeton and, is it Harvard? Yale? I mean, yeah. It looks like there's some people who take their adversity and break their spirit and for some reason those people are constantly the ones telling everybody else that they can't make it.

Well, what does Oliver Wendell Holmes say? Three generations of imbeciles are enough. How many generations do we have to buy into this progressive line before we say enough?

We have Ed Whelan. He is the president of Ethics and Public Policy Center, also with the National Review. Ed, tell me what you think of the appointment and the speech that just happened.

WHELAN: Well, I think President Obama has followed through on his threat to pick someone who will indulge her own biases, her own policy preferences. We see that with Sonia Sotomayor in a big case that's before the Supreme Court right now. We'll get a ruling in the next few weeks where lo and behold firefighters who are risking their lives to defend us were not recipients of her empathy. These are firefighters who passed an exam, had been carefully vetted, didn't like the racial profile of the results and threw out the exams and the promotions and what's worse, Sotomayor not only ruled against them, they tried to bury their claims in a way that no one would ever know what's going on and right now the Supreme Court's deciding that case.

GLENN: Okay, well, she actually if I'm not mistaken, she actually punted and she said, well, it doesn't look like there's any discrimination here because, well, I mean, they didn't, they didn't advance anyone, the city didn't advance anyone.

Can I ask you a question, Ed? If the city would have had a test to find out who advances and in this case all of them were white or Hispanic and not African American and then the city would have come out and said, if it was reversed and they would have all been black and the mayor was black and he said, you know what, we're just not going to we're not going to advance anybody or if the mayor was white, wouldn't be a case of racism there that, well, we don't that's not the race we want; so we're not going to take it. We're just going to dismiss this test and we'll do some other test later. If that happened in the South, it would have been racism.

WHELAN: Well, that's what happened here. It's clear the City of New Haven threw out the results of the promotional exam because they didn't like the race of those folks did well on the exam which, by the way, included one Hispanic firefighter. This was a test that had been carefully vetted, that folks spent thousands of dollars and lots of hours studying for and when the city didn't like the result, they said too bad, you are not going to get the promotion. Well, how is that honoring people who put their lives at risk in public service and, look, at 9/11 we understood for a while what firefighters do. We understood the importance of having people who know how to do their job right, the importance of exams and making sure we have the right leadership and Sonia Sotomayor, you know, sacrificed all of that on the altar of political correctness and racial quotas.

GLENN: Let me play this piece of audio and get your thoughts on it. Go ahead.

(BEGIN AUDIO CLIP)

SOTOMAYOR: All of the legal defense funds out there, they are looking for people with court of appeals experience because court of appeals is where policy is made. And I know, and I know this is on tape and I should never say that because we don't make law, I know. Okay, I know. I know. I'm not promoting it, I'm not advocating it. You know. (Laughter).

GLENN: She's just recognizing that that's true.

WHELAN: Well, it's an unguarded moment where she says what folks on the left think which, their job is to use judicial robes to make sound policy and the law is largely a vessel for them to fill with their own preferences. And that's you know, that's again what she's clearly shown. The firefighters case, that's what she's shown, discussing her understanding of her role as a judge and as a Latina. And that's not the proper understanding of the role of the courts.

GLENN: You think she's going to sail through or there's going to be a fight.

WHELAN: Well, obviously the Democrats have an overwhelming majority in the Senate. I think the challenge is to make sure Americans understand what's at stake here. When she was confirmed in the second circuit, there were some 29 votes against her including from Republicans like current Republican leader Mitch McConnell and the ranking member of the judiciary committee, Jeff Sessions. I think there will be scrutiny and there ought to be and folks will be looking carefully at her record and at her statements and figuring out is this really what we need on the court, folks who indulge their own policy preferences, who make up the law as they go along.

GLENN: Ed, what is the one thing that people should take away from this today? What is the thing that you say, gosh, if America would just understand this or if they would just ruminate on this one thing, what would it be?

WHELAN: Well, I would ask folks to take a careful look at this New Haven firefighters case and just see what happens when unbridled empathy is permitted to be indulged here. Sonia Sotomayor wielded her empathy in one direction for those firefighters who didn't pass the exam and she sacrificed the interest of those who had worked hard and did pass the exam. So what we see is empathy is a wild card as your example of Justice Oliver Wendell Holmes directed and we shouldn't have entrenching in the law.

GLENN: And I wonder what her folks would say if she had worked hard but somebody else had gotten her scholarship to Princeton that was less qualified because Princeton had said, well, no, but she just doesn't fit the mold. I wonder what her parents would have said. I wonder what she would have said.

WHELAN: Well, she's obviously been a beneficiary of these gender and ethics policies along the way. So I wonder whether she's really thought very carefully about that. Again I would hope the firefighters case would force her and others to reflect on what fair treatment really consists of.

GLENN: Ed, what is at the end of I mean, I've never seen a president have you ever seen a president talk about empathy like this with a Supreme Court nominee?

WHELAN: I think Barack Obama's statements go far beyond what any president has ever said. Now, he's trying to walk them back now. He is trying to make it seem as though his proposal is more modest than it is. But you look back at what he said when he opposed John Roberts for the Supreme Court. You look at what he said at the Planned Parenthood action when he was running for President.

GLENN: Wait, wait, tell me what he said.

WHELAN: Exactly what he said on his vote about John Roberts was that in difficult cases and here's an exact quote for you a critical ingredient is supplied by what is in the judge's heart. He said that, again in these cases, the results only to be determined on the basis of one's deepest values, one's core concerns, one's broader perspectives on how the world works and the depth and breadth of one's empathy.

GLENN: Did he say that in a bipartisan fashion, though?

WHELAN: Well, he said in an in a bipartisan fashion of voting against the nomination of chief justice Roberts. So that doesn't seem to be very bipartisan.

GLENN: And then what did he say about Planned Parenthood, did you say?

WHELAN: Sure, very much along the same lines, talking about what he calls the criterion but which selecting judges. He said we need somebody who's got the heart, the empathy to recognize what it's like to be a young teenage mom, the empathy to understand what it's like to be poor or African American or gay or disabled or old. He's talking about selective empathy here, invoking empathy on behalf of particular parties, not others. Favoring those, exactly what Sonia Sotomayor did in this New Haven firefighters case. That's not a justice being neutral. It's favoring one party over another, tipping the scales, and that's not what the Supreme Court ought to be about.

GLENN: Ed, thank you very much. I appreciate it. Back in a second.

When Bevan Cooney — the former "junior" business partner to Hunter Biden and Devon Archer — went to jail in 2019, investigative reporter and New York Times bestselling author Peter Schweizer thought he'd never gain access to the damning emails Cooney had promised. That all changed three weeks ago when Schweizer was given complete access to Cooney's gmail account.

Schweizer joined Glenn Beck on the radio program Tuesday to describe just some of the business deals revealed within these emails — like Hunter working with an alleged Russian criminal and with Chinese communists to secure their assets, or to secure one-on-one time with his dad, then-Vice President Joe Biden. And all of this new information is completely separate from the emails allegedly discovered on Hunter Biden's laptop recently reported by the New York Post.

"So, I want to make this clear. This [Cooney's emails] has nothing to do with what's on the laptop … It didn't come from [Rudy] Giuliani. It didn't come from anybody else, right?" Glenn asked Schweizer.

"That's absolutely correct," Schweizer confirmed.

He briefly explained how Cooney, a former Los Angeles nightclub owner, is currently serving a prison sentence for his involvement in a fraudulent business bond scheme with Biden and Archer. From prison, Cooney gave Schweizer written permission to access his Gmail account.

"This is really important," he noted. "We're not looking at printouts. Not looking at PDFs. We're actually in his Gmail accounts themselves, sifting through these emails. And there's a shocking amount of information about deals involving China, involving Russia, involving all sorts of things they were trying to pull off."

Watch the video below to catch more of the conversation:

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The king of "No Spin" and bestselling author of "Killing Crazy Horse," Bill O'Reilly joined Glenn Beck on this week's podcast to talk about the latest developments in Joe Biden's Ukraine and China corruption scandal. Now that some of the details are finally coming out in the open, does the average Democrat care? Maybe, but the Left doesn't seem to.

O'Reilly argued there's more hatred for President Donald Trump now than in 2016, and that some people hate President Trump so much that they'd rather vote for the "senile, corrupt" Joe Biden.

"Hunter got tens of millions of dollars from Ukraine, from Russia, from China because his father was vice president. I have no doubt in my mind," O'Reilly said. "But the hatred for Donald Trump overrides that in the minds of millions of viewers. They're saying, 'You know, we'd rather have the senile corrupt guy than Trump.'"

Asked by Glenn if any other Republican running for president would be met with the same level of vitriol, O'Reilly answered, "The Left is the Left. They don't like America. The want to redo the Constitution. They want to take some of our freedoms, like the Second Amendment and the First Amendment, and change them. And they want to destroy capitalism and replace it with a big centralized government in Washington that controls the economy … but I'm talking about the folks. I have liberal friends and I say to them, 'Do you not understand that when you vote for Biden, you're voting against your own self interest?'"

Watch the video clip from the full podcast below, or find the full episode HERE:

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In a phone call with his constituents, Senator Ben Sasse (R-Neb) unleashed a torrent of criticisms about President Donald Trump, saying he "flirted with white supremacists," "kisses dictators' butts," and "spends like a drunken sailor."

On the radio program Friday, Glenn said he was disappointed in Sen. Sasse for apparently forgetting all of President Trump's accomplishments. Because, in reality, Trump has accomplished a lot more than many presidents before him.

Then, for anyone who may have forgotten President Trump's achievements — or who simply hate the man so much they've ignored them — Glenn listed just some of the many things this president has achieved during his three and a half years in the White House.

Watch the video below to hear Glenn's message for all the Trump-haters who have forgotten Trump's accomplishments, or you can read Glenn's list HERE:

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President Trump has given us great judges on the lower court, 3 judges far superior than Roberts and other bogus constitutionalists as SCOTUS and one just may turn out to be another Clarence Thomas. He kicked the ass of ISIS and came home.

He got us out of the disastrous Iran deal, killed their head of terror, boxed them in and is currently collapsing their economy while also brokering a Mid East peace deal that everyone said could never happen. He moved our embassy to Jerusalem despite the state department, something no president has done even though they all promised.

Yes, he met with the North Korean Dictator. I hated that, but I also hated the fact that no other president did anything and North Korea kept gaining power. He has gotten Europe to pay their share of NATO, brought the Arabs and the Jews together, while smashing the choke hold of the PLO, and stood up to the Chinese instead of selling them supercomputers (Clinton), accepting lead poison in dog food (Bush), or loving the CCP and taking millions in dirty money (Obama/Biden).

He also has defended religious liberty unlike any other president at least in the last 100 years, and is a true pro-life advocate that unlike most republicans backs it up with action instead of just talk.

President Trump has also opened doors that the GOP was too wussy to even try to open with Hispanics and Blacks. He again didn't pander. He instead cleared the dead wood and opened pathways up so they could get higher education, create jobs, and not get lost in the prison system.

He also has defended religious liberty... and is a true pro-life advocate.

President Trump also took on an economy that had been beaten down, a people who had been told "you didn't build that" and, in fact, Obama and Biden claimed that the economy was "as good as it would ever get," that we would never create jobs in sectors ever again.

President Trump gave us the lowest unemployment rate since 1969 (the year I celebrated my 5th birthday,) the lowest unemployment for Hispanics & Blacks ever, and the first real growth in pay that I can remember.

President Trump then responded to the largest pandemic in 100 years by doing a couple of things I have never seen a president do:

  1. America's biggest capitalist shuts down the entire economy and knowingly puts his re-election at risk in order to save people.
  2. Closes travel with China and Europe, only to be called “racist," "xenophobic" and accused of stirring hatred. Now everyone says they were for it, but he stood alone and took the heat.

When everyone bashed him because they thought he would seize control and become an authoritarian by telling states what to do, or taking control of companies and telling them what to produce, he simply asked the free market to step to the plate, because he trusts the people of this country to do the right thing. By not taking control, he was called a dictator and a Nazi. Meanwhile he has been blamed for the blood bath created by Gov. Cuomo's nursing home policies. They said 2 million would die, best case scenario 200,000 — if we did everything right. Gee, seems that we are now in the time period they told us would be phase two, it seems as though we seem to have hit that "best case scenario" at this point.

While all of this has gone on, President Trump has fought the lies that were started by Hillary Clinton's team to smear him as a Russian operative. It was enabled by the Obama White House and included the DOJ, CIA, Dept of State, FBI, and DNI. Did I leave anyone out? Oh, yeah we are now getting evidence that members of the Pentagon may have been involved as well. Not to mention the so-called "press" and Congress who did things that would embarrass not only "Frank Underwood" but also Kevin Spacey. He has single handedly exposed the press for who they are and have always been. Because of his tweets, personal style and frankly balls of steel, he has exposed those who truly are: "Enemies of the people." I hated that when he first said it, but it is true. Any person or group that knowingly lies to destroy our president, our Constitution and the free market, are not just enemies of the people, they are enemies of the freedom of all mankind.

As someone who didn't support President Trump at first (and that is putting it mildly) I remain honest enough to judge him on his entire record. He is perhaps the only man in America that can and has stood entirely alone, surrounded by enemies, surrounded by those who took an oath to protect and defend the Constitution, who are now actively engaged in destroying it and any elected president who stands in their way.

Personally, I have grown sick and tired of spineless, do nothing, old, corrupt GOP politicians who are either part of the problem or too frightened to stand alone and speak up. The vast majority are all "Sunshine Patriots." History will condemn those who did nothing but complain and whine, while others not only rang the bell, but stood and took the hits, who risked it all and lost money, reputation and perhaps, God forbid, some who gave the ultimate sacrifice to fight the evil that rages so clearly against the light.

100 years from now history will judge all of us. So will our children's children. Most will be forgotten. Those who failed to show up on the battlefield or cower in the trees, will be remembered with shame and disdain. Others like President Trump, I believe will be seen as indispensable.