The Ben Shapiro Show
The Ben Shapiro Show

Ep. 1364 - Merrick Garland Is A Legal Hack

Republicans subject Attorney General Merrick Garland to a rough day in the Senate; Joe Biden heads to an international climate summit; and the State Department says people of no gender can now get their passports stamped “X.” Daily Wire just signed ousted ESPN sportscaster Allison Williams who resis

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Episode Summary

Executive Summary: Ben Shapiro argues that the Biden administration is using federal power for left-wing priorities: DOJ pressure on parents, climate theatrics at the UN summit, and an expanded State Department gender marker policy. He frames these as symptoms of a broader civilizational decline marked by anti-market policy, collapsing family formation, falling birthrates, and detachment from biological reality.

Main Topics: Merrick Garland and DOJ targeting of parents (Priority: 5/5): Shapiro criticizes Garland’s Senate testimony and the DOJ’s response to school-board protests, arguing the department acted on weak evidence and politicized law enforcement against concerned parents. Biden’s climate summit and anti-growth climate politics (Priority: 5/5): He dismisses the climate summit as symbolic elitism, arguing that global climate policy should prioritize adaptation and prosperity over costly emissions mandates that damage economic growth. State Department X passport policy and gender identity (Priority: 5/5): Shapiro attacks the new passport marker for non-binary/intersex Americans as an example of government privileging subjective identity over objective biological classification. Civilizational decline, fertility, and marriage collapse (Priority: 5/5): A major theme is that falling marriage rates and low birthrates across the West reflect a society losing its commitment to reality, family structure, and long-term survival. Use of federal institutions as political tools (Priority: 4/5): He argues the DOJ, State Department, and broader Biden administration are not neutral institutions but are being used to advance left-leaning ideological goals. Critique of media, NGOs, and international bodies (Priority: 4/5): Shapiro repeatedly dismisses the UN, CBS, and European elites as hypocritical or irrelevant, saying they dramatize climate issues while failing on major global crises. Social consequences of gender ideology (Priority: 4/5): He links gender ideology to broader social confusion, including conflict over lesbian identity, family formation, and the erosion of shared truths about sex.

Key Arguments: Garland’s DOJ memo and Senate testimony show the department acted politically against parents, despite lacking evidence of violence that would justify such scrutiny. The Biden administration’s climate agenda is framed as economically self-defeating; adaptation and innovation are presented as more realistic than sweeping emissions restrictions. The X passport policy is portrayed as a symbolic rejection of objective reality, replacing administrative identification with personal identity affirmation. Western civilization is described as declining because it is abandoning marriage, childbearing, and stable sex roles in favor of individual self-expression and ideology. The media and international institutions exaggerate climate catastrophe while ignoring poverty, development, and the practical needs of poorer nations. A society cannot remain strong if it undermines the institutions—family, markets, law, and biology—that historically enabled growth and stability.

Data Points: U.S. GDP growth (annualized, Q3): 2% - Shapiro cites this as evidence of weak economic performance under current policy. U.S. fertility rate: 1.7 children per woman - He says this is below replacement level and signals demographic decline. France fertility rate: 1.86 - Used to illustrate below-replacement fertility in Western countries. Iceland fertility rate: 1.74 - Example of declining birthrates in Europe. Sweden fertility rate: 1.71 - Example of low fertility in a developed Western country. Italy fertility rate: 1.27 - Cited as an especially severe case of population decline. Births outside marriage in the U.S. Black community: 70% - Used to argue that marriage has weakened as a civilizing institution. Births outside marriage in the U.S. White community: 40% - Part of the broader argument about family decline. Births outside marriage in France: 60.4% - Cited to show the same trend abroad. Births outside marriage in Sweden: 54.5% - Used as evidence of family decline in Europe. Births outside marriage in Denmark: 54% - Another example of weakening marriage norms. States where deaths exceeded births: 25 states - Referenced from Susie Weiss piece to show worsening demographic trends. States where deaths exceeded births the year before: 5 states - Shows rapid deterioration in the demographic picture. Marriage rate: 6.5 marriages per 1,000 people - Used to indicate an all-time low marriage rate. Millennials unmarried: About 56% - Shapiro cites this to show widespread delay or rejection of marriage. Young men ages 18-30 with no sex in past year: Tripled between 2008 and 2018 - Used to illustrate social and relational decline. Gen Z hesitant to procreate due to climate fears: 39% - Cited from a poll about climate anxiety and childbearing. Cost of Biden climate commitment: $11.4 billion - Mentioned as a U.S. pledge needing congressional approval. Projected warming without Paris-style policies by 2100: 3.7°C above 1900 levels - Presented as a comparison from the transcript’s cited data. Projected warming with existing policies: 2.9°C - Used to argue current policies only modestly reduce projected warming. Projected warming with announced targets: 2.4°C - Still above the Paris goal, according to the transcript.

Pivotal Quotes: "This is the soft face of authoritarianism." — Ben Shapiro: His overall description of the Biden administration’s use of federal power through ostensibly neutral institutions. "Reality always has its revenge." — Ben Shapiro: His closing civilizational warning about ignoring biological, economic, and social facts. "You should resign and disgrace, Judge." — Tom Cotton: Cotton’s attack on Merrick Garland during Senate questioning about the DOJ memo on school-board protests.

Implications: Shapiro’s message is that institutional trust, family formation, and economic vitality depend on respecting objective reality. If current trends continue, he predicts weaker growth, deeper demographic decline, and more politicized government power.

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