Ep. 781 - The War On Biden

Episode Summary

Executive Summary: The episode centers on Alabama’s new abortion ban, framed as a direct constitutional challenge to Roe v. Wade and Planned Parenthood v. Casey, while arguing the Supreme Court is unlikely to overturn Roe outright. The second major thread is Democratic 2020 infighting, with AOC and Bernie Sanders pressuring Joe Biden leftward and Elizabeth Warren attacking Fox News, which Ben Shapiro portrays as evidence that Democrats now employ the same political tactics they accuse Trump of using.

Main Topics: Alabama abortion ban and the legal challenge to Roe v. Wade (Priority: 5/5): Shapiro argues Alabama’s law is the strongest pro-life measure yet because it defines unborn life as persons under state law and directly challenges Roe’s central holding, rather than working within Casey-style limits. Pro-life argument on personhood, rape/incest, and life-of-the-mother exceptions (Priority: 5/5): He defends the view that human life begins at conception, says rape/incest exceptions are emotionally compelling but not principled, and supports exceptions when the mother’s life or mental health is seriously at risk. Why the Supreme Court is unlikely to overturn Roe immediately (Priority: 4/5): Despite calling Roe a poorly reasoned case, Shapiro predicts the Court will likely preserve Roe while gradually expanding states’ regulatory power through Casey’s ‘undue burden’ framework. Critique of pro-choice rhetoric and media framing (Priority: 4/5): He condemns phrases like ‘right to end a pregnancy’ as euphemistic and attacks arguments based on foster care, convenience, or hard cases as morally and logically flawed. AOC, Bernie Sanders, and Joe Biden’s ideological squeeze (Priority: 4/5): The show shifts to the 2020 Democratic race, where AOC and Bernie push Biden left on climate and healthcare, exposing his difficulty balancing moderate general-election appeal with an energized progressive base. Democratic double standards on Trump, elections, and press attacks (Priority: 3/5): Shapiro argues Democrats condemn Trump for behavior they themselves emulate, citing Biden’s refusal to challenge ‘illegitimate president’ claims and Warren’s attack on Fox News. Culture and consumer segments: ads, products, and entertainment (Priority: 1/5): The episode includes extended ad reads and lighter commentary on John Wick 2, which Shapiro says is better than the first film and is a family viewing favorite.

Key Arguments: Alabama’s law is strategically important because it does not merely regulate abortion timing; it asserts unborn children are persons and directly contests Roe’s denial of that status. Rape and incest exceptions may be emotionally understandable, but if unborn life is truly human life, those exceptions are not principled because the child’s value does not depend on the circumstances of conception. The only coherent pro-life exception is when the mother’s life is endangered, including severe mental-health risk such as suicidality. Roe v. Wade is, in Shapiro’s view, legally unsupported because the Constitution does not contain a generalized right to privacy that clearly encompasses abortion. The Supreme Court, especially with Chief Justice Roberts and Justice Kavanaugh, is unlikely to overturn Roe outright; the more plausible path is incremental narrowing under Casey’s undue-burden test. Pro-choice arguments often rely on emotionally extreme cases, but hard cases make bad law; a legal principle should not be built around rare outliers. Claims that abortion bans will send women to prison are false in this bill; the criminal penalties are aimed at doctors who perform abortions. Democrats attack Trump for violating norms while ignoring or excusing similar behavior from their own leaders, such as refusing to correct false claims that Trump is illegitimate or that Stacey Abrams actually won Georgia. Joe Biden is trapped between an excited progressive base and the need for moderate appeal, making his position on climate and healthcare politically unstable. Warren’s attack on Fox News is presented as a near call for censorship and proof that the left uses the same media-hostility tactics it condemns in Trump.

Data Points: Alabama abortion doctor prison sentence: 10 to 99 years - Shapiro describes the law’s criminal penalties for doctors who perform abortions. Georgia heartbeat bill cutoff: 6 weeks - Used as a comparison to Alabama’s more restrictive approach. Rape and incest share of abortions: significantly less than 1% - Shapiro cites this to argue those cases are emotionally resonant but statistically rare. Arkansas abortion cutoff change: from 20 weeks to 18 weeks - Listed among other state restrictions advancing in 2019. Possible fetal viability timing: 23 or 24 weeks, sometimes earlier - Referenced from Casey’s acknowledgment that viability can occur at varying stages. Monthly subscription price: $9.99 - Promoted during the show’s membership pitch. Annual subscription price: $99 a year - Promoted as a cheaper alternative to monthly billing. Mint Mobile advertised plan price: $15 a month - Mentioned during sponsor promotion. Raycon discount: 20% off - Promotional offer for wireless earbuds. John Wick 2 release reference: 2019 - Shapiro repeatedly situates the commentary in a 2019 broadcast context.

Pivotal Quotes: "The Alabama law goes even further. The Alabama law goes right to the heart of the matter and says that the unborn are human lives." — Ben Shapiro: Explaining why he views Alabama’s measure as a direct challenge to Roe v. Wade. "Hard cases make bad law." — Ben Shapiro: Used to argue that emotionally difficult abortion scenarios should not determine the legal standard. "This right of privacy, whether it be founded in the 14th Amendment’s concept of personal liberty and restrictions upon state action, as we feel it is, or in the Ninth Amendment’s reservation of rights to the people, is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy." — Harry Blackmun (quoted by Shapiro): Cited as evidence that Roe v. Wade is poorly reasoned and constitutionally unsupported.

Implications: The episode frames abortion law as moving toward a major Supreme Court confrontation, but likely via incremental restriction rather than Roe’s immediate reversal. Politically, it suggests Democrats face rising internal factionalism and a growing tendency to mirror the norm-breaking they criticize in Trump.