Ep. 576 - It’s The Supreme Day

Episode Summary

Executive Summary: Ben Shapiro frames the episode around President Trump’s imminent Supreme Court pick, ranking the finalists and arguing the left is openly ideological about Roe v. Wade. He also criticizes left-wing confrontations and harassment, discusses Jim Jordan’s Ohio State scandal allegations, praises select cultural moments, and closes with skepticism about Trump’s North Korea diplomacy and a critique of federal taxing power in Federalist No. 36.

Main Topics: Trump’s Supreme Court selection (Priority: 5/5): Shapiro previews Trump’s upcoming Supreme Court announcement, identifies the four finalists, and ranks them by originalism and judicial philosophy. He argues Amy Coney Barrett and Raymond Kethledge are strongest, while Thomas Hardiman is weakest. Assessment of the Supreme Court candidates (Priority: 5/5): He critiques Brett Kavanaugh for cases involving Obamacare jurisdiction, contraceptive coverage, abortion-related dissent, and standing; criticizes Hardiman for expansive readings of civil rights law, asylum, Chevron deference, and non-textualism; and praises Barrett and Kethledge as more reliably originalist. Left-wing panic over Roe v. Wade (Priority: 5/5): Shapiro argues Democrats and abortion-rights activists are treating the Court as a vehicle for policy outcomes rather than constitutional interpretation, demanding explicit loyalty to Roe and celebrating abortion in ways he views as extreme. Conservative inconsistency on abortion (Priority: 4/5): He pushes back on right-leaning figures who downplay abortion as a political issue, arguing that pro-life conservatives should openly seek to overturn Roe and treat protection of unborn life as a core moral duty. Political harassment and public intimidation (Priority: 4/5): Shapiro cites incidents involving Stephen Miller, Mitch McConnell, and Steve Bannon to argue that the left has normalized intimidation, doxxing, and public harassment of political opponents and even bystanders. Jim Jordan and the Ohio State abuse allegations (Priority: 4/5): He evaluates accusations that Jim Jordan ignored abuse by an Ohio State team doctor, saying the evidence so far looks more like locker-room joking and general awareness of a “weird” doctor than proof of a Penn State-style coverup. Federalist No. 36 and taxation power (Priority: 3/5): Shapiro reviews Hamilton’s argument that federal taxation would not lead to oppressive double taxation, calling Hamilton too optimistic and noting modern state and federal taxation already overlap heavily.

Key Arguments: Judicial nominees should be judged by constitutional philosophy, not vague labels like “judicial restraint.” Kavanaugh’s record includes decisions Shapiro sees as too deferential or too accommodating to government power and abortion-related premises. Hardiman is, in Shapiro’s view, more likely than the others to expand laws beyond their text and rely on non-textual reasoning. Barrett is the strongest pick because of her short but strongly originalist and textualist record. The left is not merely defending precedent; it is demanding a justice committed to preserving a preferred policy outcome, namely Roe v. Wade. Abortion should be treated as a central moral issue, not a peripheral “social issue,” because it concerns unborn human life. Public harassment of officials and their associates reflects worsening political extremism on the left. The evidence against Jim Jordan is still circumstantial and may not rise to the level of a deliberate coverup. Trump’s trust in Kim Jong-un is portrayed as naïve because handshake agreements with dictators are unreliable. Hamilton underestimated the long-term appetite of governments for taxation, making his anti-double-taxation reassurance overly optimistic.

Data Points: Supreme Court finalists: 4 - Trump is described as narrowing the choice to Brett Kavanaugh, Thomas Hardiman, Amy Coney Barrett, and Raymond Kethledge. Trump announcement time: 9 p.m. Eastern - The president’s planned Supreme Court pick announcement time. Daily Wire live Q&A: Tuesday, July 17th, 5:30 p.m. Eastern / 2:30 p.m. Pacific - Promotion for the upcoming ‘conversation’ episode with Andrew Klavan and Alicia Krauss. Stamps.com offer: Up to $55 free postage - Advertisement for Stamps.com promo code Shapiro. Quip starter price: Starts at $25 - Advertisement for Quip electric toothbrush. Dollar Shave Club starter set: $5 - Promotion for the daily essential starter set. Book title: Summerland - Sci-fi recommendation discussed in the ‘stuff I like’ segment. Year of Federalist No. 36 context: 1787-1788 - Implicitly part of the Federalist Papers discussion on taxation power. ObamaCare case cited: Seven Sky - Kavanaugh’s Anti-Injunction Act reasoning is referenced as a major criticism. Religious accommodation case cited: Priests for Life - Criticism centered on Kavanaugh’s discussion of a compelling state interest in contraceptive coverage. Abortion case cited: Garza - Kavanaugh did not join a dissent criticizing Roe v. Wade. Residency/fire department case cited: NAACP v. North Hudson Regional Fire and Rescue - Used to criticize Hardiman’s disparate-impact reasoning. Asylum case cited: Valdiviezo Goldemez - Used to criticize Hardiman’s asylum analysis. North Korea summit claim: Handshake agreement - Trump is quoted saying he has confidence Kim Jong-un will honor the ‘contract’ and handshake. Thai cave rescue comparison: Thousands of children - Dick Durbin compares detained migrant children to Thai children trapped in a flooded cave. Ohio State abuse timeframe: 1980s - Accusations involving Jim Jordan and team doctor Richard Strauss are tied to Jordan’s time as a coach.

Pivotal Quotes: "“We want an affirmative declaration that Roe v. Wade is going to be upheld.”" — Elise Hoag: Shapiro cites this as evidence that the abortion-rights movement wants justices to commit to a policy outcome rather than constitutional neutrality. "“The most revolutionary thing a black man can do in 2018 in America is partner with a wife and raise strong, intelligent black kids...”" — Chris Broussard: Referenced as a cultural highlight emphasizing family formation and responsible parenting. "“I have confidence that Kim Jong-un will honor the contract we signed, and even more importantly, our handshake.”" — Donald Trump: Used by Shapiro to criticize Trump’s trust in North Korea as naïve and overly personal.

Implications: Listeners are left with a clear pro-life, originalist framing of the Supreme Court fight, plus a warning that political polarization is producing more intimidation and institutional mistrust. The episode signals a major coming battle over Roe, judicial philosophy, and the credibility of Trump-era diplomacy and conservative leadership.