tv Life Liberty Levin FOX News May 15, 2022 8:00pm-9:00pm PDT
>> thank you for spending part of your sunday with us, good night from south ♪ ♪ mark: hello america i am mark levin, this is "life, liberty and levin." today we live in the united states of the democrat party. what do you think of it? massive inflation, gas prices through the roof, diesel prices, costing us money. lack of baby formula,
limited amounts of meat, and lack of fertilizer to grow wheat and carn, empty shelves, supply chain problems, this happens when you have a political party that has been radicalized. the democrat party. embracing various american marxist movements and at war with our economic system, private sector some american people themselves. no, i'm not one of those putinnoid in media and services parties, who seem to believe that if only we wouldn't help the ukranians survive, somehow these things would be addressed by our government and improved. that is insanity, the people in charge of our government would continue to do what they are doing.
undermining the prosperity, and success, representative nature of this republic. i want to talk about the courts briefly. later we have two great guests ken starr and senator mic mike lee. article 2 second 3 of the constitution. among other things, that the executive shall faithfully execute our laws, called faithful execution clause or take care clause, under a duty to faithfuly execute the laws of congress, not ignore them event if they disagree with them. going a step further, george washington made the point, my duty to see the laws executed to permit them to be trampled upon with impunity would be repugnant.
two presidents were impeached for violating their laws duties. lincoln looked at this section of the law, he said about the constitution, the faithfully excuse clause, in 1838 at a speech in springfield, illinois -- >> washington, lincoln, the founders. so what am i talking about? we have 6 supreme court
justices in one state or another of extremists, alito, author of the first draft involving roe v. wade and casey, he and his family have been in hiding, other justices had to have special security. security provide by the governor of virginia and maryland. where has the department of justice been and the fbi been in the early stages of this onslaught against the justices? where? >> they have been awol. department of justice that throws its resources at people and parading and trespassing on the lawn of the capitol building, on the lawn of the building. and have treated these people in a horrendous manner, many of them still in jail without having a actual hearing. that supreme court. well ladies and gentlemen, there is a federal law, a
federal la that compelling the biden administration and his appointees to act. that is what i'm talking about. about the faithfully execute clause. and to fail to faithfuly execute these laws is an impeach. impeachable offense. this is black and white. this is actual law. 18 u.s. 1507. it needs to be repeated. the administration of justice, with intent of influencing a judge, court or officer, in discharge of his duty, tickets or parades
in or near a building houses a court of united states, in or near a building of residents occupied or used by such judge, court or court officer, or uses a similar device -- >> that is what is happening. to 6 targeted justices. appointed by republicans. i should mention after roe v. wade was handed down, 49 years ago, and since, the casey decision in pennsylvania. there were not pro lifers picketing and parades and violating federal laws in the homes of the justices, who in my view ruled wrong way. the reason this law is in place, because it's not free
speech to intimidate justices to coerce an outcome. nancy pelosi gave it up the other day. she supports the protests if they could get the justices to changing the quote, unquote harshness of the first draft it would be important, we know what there -- is. in media, they demand that this mob. this permanent mob that democrats have in place, where they signal them with language, with outrage and could create violence, and have in the past, like in 2020. this permanent mob is used to try to pressure the supreme court. it is a disgusting outrage. the court is supposed to be in independent. when they do find the perpetrator who leaked, i
guarantee you, the left will want a ticker-tape parade for that individual. they will be viewed as some kind of great civil rights leader, the other day, the senate said they wanted to codify roe v. wade, they came up short. every democrat voted for them, except for manchin. the roe decision has 3 trimesters, first the mother has the say, second is ambiguous, third, the state has a specific interest in protecting a baby, because reasoning office. reasoning was, that at that point it is viable. casey took it a step further. what democrats and senate but one supported. wasn't roe v. wade, it
wasn't casey. it was the most extreme barbaric form of abortion possible. abortion right up to birth. right up to birth. there is no supreme court decision. that says a state must honor such a view point. what did the supreme court do? nothing yet. in the first draft, it says, you have no role in this, there nothing in the constitution for us, you the people, you the states, you figure it out, they didn't ban abortion, they could have under the theory of the left, right? they could have if they left to people to decide. as most cultural issues need to be decided. they didn't do what new york time said either, set the stage to outlaw interracial marriage, how absurd. the court says.
that this is unique it involves another human being, therefore in this specific laser focusing decision, we reject the past decisions as being incorrect. it's up to the states and the people, no woman in the united states who wants an abortion won't be able to get one, they may have to travel to a different state, it may be inconvenient. we ship illegal aliens all over this country, miles from the border, buses, trains, and planes, and government is doing it left and right, this is not just merely a woman's right, but democrats wanted abortion right up to a minute before birth. i wonder if the american people support that, it is
no, we don't leave these issues to surveys and polls. supreme court ruling on the constitution, if we left it up to surveys and polls we wouldn't need judiciary or lifetime appointees, but democrat party wants a result that it demands, whether american people support it one wayer on the other. you know what i was a young guy, getting old these days, i remember on public tv, and other channels they would show the magic of birth. the magic of birth. now if what we're talking about is not a baby but a choice, the science tells us it's a baby. but if you have to dehumanize the baby to push your agenda and there is one person choice, it is a inconvenience, as secretary of treasury said the other
day, secretary yellen said, look, women want to get on with their work, this could be an inconvenience. i have a question for you, why haven't we seen partial-birth abortion on pbs with the discover channel. what the democrats voted for and want to impose on every corner of the united states, every person, why have we not ever seen the process, where the brain is sucked out of the baby's skull to crush it. in the womb, it is turned around. so it is removed feet first. why don't we get to see that? why is that censored, it's not a human being, it not a baby? you know damn well why. it is a baby.
these are just choices, and rights. the democrat party reminds me of trot ski. sort of modified marxism in the way, lennon before he died. there were battles over that trat ski lost. stalin argued for a state party. and enforce it.re eliminate those who would obstruct it. he believed in a permanent revolution. constant a-- anarchy, stirring the pot from the bottom up.
there in a constant change of revolution. they don't allow to us rest. we go from on urgent matter to another, one that threatens our liberty and civil society to other, think about that, what is going on in this country right now, lead by democrat party andnese marxists is a damn disgrace, i'll be right back. it's important to have confidence in the nutritional drink you choose. try boost glucose control®. it's clinically shown to help manage blood sugar levels and contains high quality protein to help manage hunger and support muscle health. try boost® today.
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mark: welcome back america our first guest, needs no introduction. judge ken starr. he was a judge in dc court of appeals. solicitor general of the united states one of the great legal minds of the country, i have a question. have you sign anything like this in your -- have you seen anything like this in your life, a liked first draft, where political party encouraging protests at homes of the justices. >> it has been one outrageous thing after another, the leak was, an
egregious breach. we all know that. i have been disappointed that there has not been unanimity in the condemnation of the leak, the protest outside of different homes, justice alito home. you identified the law, it is a criminal law, it has been on the books for a long time, it should be enforced. >> what do you think would happen if the shoe were on the other foot? if there was a decision that conservatives, did not like, and all of a sudden people showed up at homes of the more liberal justices? harassing them? trying to coerce a decision? and kevin mccarthy comes out, and says, i support
those efforts because i want them to change their decision. what do you think that media react would snb. be. >> one of condemnation and rightly so, that is unacceptable, that is a form of mob rule, people take to the streets targeting a judge's home or a justice's home. trying to intimidate them, that is only natural consequence of what it is of the intent of the individuals, there would be a sense of outrage, how dare these people do this, they are interfering with the orderly conduct of government. mark: you had conferences with your fellow judges overwriting opinions and sends drafts. can you explain to the american people how bad this is, when someone perhaps a law clerk, we don't know
yet, leaks a first draft of what is a majority opinion. and impact it has on the ability of judges to work together and the court? >> because it is though unprecedented almost impossible to predict long-term consequences, but short-term there will be a lack of trust on the part of the court today those who are working in the court. so consequential, the judges depend on confidentiality of one another to be able to speak freely, the justice, members of congress enjoy the speech or debate privilege, they are designed to protect the orderly and lawful functioning of government, this disrupts this. the train has left the tracks, and we need to do all we can beginning with identifies that individual. and bringing that person to justice. but we also need to know and the chief justice has been
reassuring, that this is not going to interfere with the work of the court, it will be -- steady as she goes. mark: you know judge, ken starr, you go back and look at confirmation process starting with robert bork. effort to intimidate would be justices and disport their character. -- distort their character, if and when they get on the court, by then they hope they have already been coerced. this is something that has been building for decades? >> yes. the bork confirmation hearing set a new, low standard of character assassination that is what happened there. and it happened time and again. we had a brief reprieve with justices ginsberg and
scalia, enjoying essentially a quiet confirmation process, but it erupted again with justice thomas and worst with justice kavanaugh, we need a restoration of civility and kindness and decency in the process. but i don't holdout hope in light of what we've seen. erupt in the wake of the improper disclosure of the draft opinion. mark: democrats have the media supporting them, participating in these horrendous smear campaigns. i don't see how we get out of this. >> i don't think there is an exit ramp right now. it takes leadership. leadership of both parties. i agree with you, this has been one-sided in terms of the nature and extent of the attacks, personal attacks. it is very much in the hands of the chairman of the senate judiciary committee,
other members of the senate, whoever is in control do say, we need to set the tone of decency. mark: we'll be right back. meets power? you try crazy things... ...because you're crazy... ...and you like it. you get bigger... ...badder... ...faster. ♪ you can never have too much of a good thing... and power is a very good thing. ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪
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-- critically hurt in laguna woods. suspect, reported to be in his 60s was hog tie tied by church goers before he could attack anyone else. >> president biden and first lady jill biden will visit buffalo tuesday. the suspect a white 18-year-old male faces first-degree murder charges, investigators say that shooting was racially motivated, now back to "life, liberty and levin." ♪ ♪ mark: welcome back, judge ken starr, we talk about roe v. wade. and casey. the other evening democrats in senate voted in favor of abortion on demand up to birth. is that what roe and casey
say? right up to birth is to be legalized throughout the country? >> no. absolutely not. in your opening, you describe correctly the original holding of roe v. wade and core provisions. reaffirmed 20 years later in planned parenthood versus casey, the third trimester, the state come in, as it sees fit and forbid abortion save for safety of the health of the mother, this would have opened doors to abortion to the last minute. that representing a significant, i would radical expansion of roe v. wade. mark: we had a lot of lectures about the sciences last few years about the virus and masks and vaccines, and shuttering,
and to our businesses and on and on. follow the science, they tell us. don't you find it interesting, not one of these so-called government scientists or college university scientists, professors have been asked, what is the science when it comes to abortion? at what point is that a baby? what is the science, it is interesting we spend almost no time on it. >> this is very enormous area that should have been discussed very fully in the public debate, the supreme court had the benefit of a number of briefs that go into the science of the child in the womb. and how early the heart beat, 5 weeks. human features, early on and experiencing pain early on. the dna is there from the very outset. and so all of these thins have been made known to the court, i think they were helpful to at least 5 member
majority in draft opinion, saying, we need to write this constitution -- right this constitutional wrong, informed by science. but return the issue to we the people, very sensitive issues. such as right to die. supreme court clear to say let the debate unfold and let we the people within limits of reason decide for themselves what the policy is of their particular state. mark: ruth bader ginsburg said the same thing in 1992, when interviewed for columbia law review. just yes or no on this was dread scott good law. >> no. >> was plessy versus ferguson good law. >> no.
>> >> no slavery, segregation, and internment of japanese americans, inconfident, 3 supreme court decisions. all of which have been overturned. >> that is correct. infamous decisions that took the court a long time to correct, but at least the court evenly did it and in one of footnotes in draft opinion, justice alito points to 25 cases where the court has overruled the prior precedent and there are over 150 examples. the court has a duty to get it right. and to overrule that which it believes it wrong. mark: an argument that roe has been in place for 49 years. an that effective if it is not constitutionaly based. the supreme court decision in my view this modest, they didn't take a position, they
said, that is not our job, there is nothing in federal constitution, they said, hands off. and somehow that is a radical decision to attack women's right, every woman in america is having her right attack. >> there has been a terrible distortion of what the draft opinions said. it is a restoration, saying we were wrong in roe v. wade taking this issue out of the call dron of debate. now they say let the state take it forward. mark: the democrat, demonstrated they don't believe in roe v. wade or casey but in most radical form of abortion on the face of the earth, you can abort a viable baby, a human being
up to the last second, ken starr thank you very much for your contribution over the decades, god bless you sir. >> god bless you. mark: we'll be right back. we replaced the windshield and recalibrated their car's advanced safety system, so features like automatic emergency braking will work properly. >> tech: alright, all finished. >> dad: wow, that's great. thanks. >> tech: stay safe with safelite. schedule now. >> singers: ♪ safelite repair, safelite replace. ♪ you never know what opportunities life will send your way. but if you have moderate to severe rheumatoid arthritis or psoriatic arthritis, enbrel can help you say i'm in for what's next. ready to create a bigger world? -i'm in. ready to earn that “world's greatest dad” mug? -i'm in.
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(vo) every business, big or small, coast to coast, needs internet that can keep up with its demands. verizon has fast, reliable internet solutions nationwide. so you can power your business to do more. find the perfect solution for your business. mark: welcome back america senator mike lee is a fantastic senator. he is up for reelection, also he was a law clerk to justice alito, who happens to be an old friend of mine too. and i don't know how you pull this off, but you have come out with a book, called saving nine. the fight against the the left's plan to pack the supreme court and destroy american liberty. the timing could not be better, i say maybe send a thank you note to protesters, but maybe not.
among other things, you say in your book, you talk about the purpose of this supreme court. what is the purpose of the supreme court? to find out what is polling? to make law? to amen the constitution? -- amend the constitution or do as this court appears reading to to in abortion case. >> to decide cases or controversy brought before the jurisdiction of the court of, they interpret ambiguities of the law. their role is to not decide what is fair or good policy. supreme court's role, role of the federal courts, is to interpret the law. to decide what it means to decide the cases in controversy over the
meaning. mark: what if the constitution says, absolutely nothing about a particular topic? who decides then. >> the great question. because, there is a provision of constitution that deals with that. 10 amendment, say matters that are not made federal by the constitution, and matters that are not prohibited by the constitution with respect to the states, are reserved to the states respectively or reserves to the people. that is a very important future the 10th amendment. it reemphasizes what was already implicit in text of the original constitution, making state government and not federal government the default level of government in our federal system. mark: so, if states want an income tax, they have one, if they don't' to have one, they don't. if they want a death
penalty, they have one, if they don't they don't. they want an extremist position on abortion, from my perspective, they have one up to minute before birth. if they don't want abortion, they don't. it is called mobility, diversity that brings unity. what does that mean? is that mean we won't be at each other's throats all of the time because certain states go one way and others the other? >> the source of our strength, patterned some ways after indian can confederacy, a chief from a tribe taught frank lynn about this confederatey was strong they allowed each tribe to govern itself at a local level, and came together as a nation common
to all tribes, that is what our constitution does, allows most matters to be resolved at constituent and local government. and a few things with the national government. mark: if down believe in the constitution, you believe in critical race theory. if you don't think that nation was founded in 1776 but 1619, you think that everyone in the constitution is malleable, none of this matters to you. >> right. if none of this matters to you, you lose sight of this vision of federalism, the idea most of people in united states get more of kind of government they want, less of kind of government they don't want if they follow the constitution, if none of that matters to you, you have a dangerous temptation to accumulate power at highest level possible. national level. then you have the powers combining and putting together a government that will make a lot of people
unhappy. and that leads to tyranny. mark: to tyranny and violence. let's me ask you this senator lee, when you lead this first draft opinion, did it say anything in there about marriage, interracial marriage affecting any other rights other than the issue of abortion. >> no, in justice alito's opinion, goes out of its way to point out, it does not extent to any of those areas, but focused only on this narrow area, and reach the the decision it reached in a manner consistent with what i predict. in chapter 8 of saving nine, an interaction between justice alito and solicitor
general of the united states asking about cases that were wrong. i predicted me might rely on that type of reason, that is where he went. justice alito made clear, this is limited to this specific case. it is limited to this specific fact pattern, the left wants to to everything if can to delegitimize the court and those justices who might join this opinion, they are questioning all sorts of things, from protecting interracial marriage to brown versus board of education, overturning plessy versus ferguson and getting rid of several but e-- separate but equal concept. none of those things are to be revisited. neither the logic or the the holing of this -- holding of this opinion
would lead to this direction. that is very dangerous. mark: yes or no. did the supreme court outlaw abortion? this draft opinion. >> no. >> you would think that listening to leftist politicians, that the supreme court outlawed abortion, it did nothing of the sort, all it did was acknowledge something which has always been true, the constitution says nothing about abortion, nothing implicitly about abortion, those decisions are to be made, not by 9 lawyers wearing robes on the supreme court, not even by congress. in most circumstances, but, by the people's elected lawmakers, typically in the state governments. >> all right, we'll be right back. ues.
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the choice for attorney general is clear. democrat rob bonta has a passion for justice and standing up for our rights. bonta is laser focused on protecting the right to vote and defending obamacare. but what's republican eric early's passion? early wants to bring trump-style investigations on election fraud to california, and early says he'll end obamacare and guard against the growing socialist communist threat. eric early. too extreme, too conservative for california.
when you need help it's great to be in sync with customer service. a team of reps who can anticipate the next step genesys technology is changing the way customer service teams anticipate what customers need. because happy customers are music to our ears. genesys, we're behind every customer smile. mark: welcome back. senator mike lee, you worked on the court, there is a massive fence surrounds the court, a riot confident, protecting it from protesters, people in
congress, some of your colleagues, that are encourages people to protest using language that could spark violence. they want these people at homes of the justices. they are violating federal law, they are trying to interfere with the administration of justice. nancy pelosi and schumer and others have said they don't want to first draft to stand, they hope to get them to alter the opinion in some way, not make it so hank, they say. -- harsh they say, promoting lawlessness has been going on a while, same party pushing for packing the court, uses confirmation process to try to destroy the representation of justices nominated by republicans, they are already praising the leaker before the leaker has been identified, what they did is a horrendous violation of american tradition and separation of power. >> this is part of the tactic i predicted might
arise in saving nine. the roe v. wade and dobbs case and i wrote it anticipating it, this very thing might happen, if this sort of opinion were agreed upon by the supreme court, there would be a massive attempt by the left to undermine den great, diminish and isolate particularly those justices who signed to the majority opinion, the court itself as an institution, if it were the opinion of the court. and i predicted then that there would be a widespread effort to change the court, expand the number of seats on the court of, increase of the number of justice so president biden could appoint additional leftist to the court and undo correct decisions under the law with which they disagreed. i predicted this, and described story what i experienced as 11-year-old
child, when may dad was solicitor general of united states, picketers showed up at my home. to threaten and intimidate him for submitting a brief, this is inappropriate, when you show up at someone's home, only message that matters is the signal you send, we know where you sleep. this is prohibited in front of the home of a justice like this. clearly prohibited, -- yet, they are encouraging it the same way they will encourage to pack the court to delegitimize the court, the problem is, if they get their way, they will undermine not only the representation and integrity as it perceived by public of the supreme court but destabilize the system of government. which for them is a future not a bug.
mark: well -- a feature, not a bug. mark: well said, i wrote a book about that called "american marxism," our book is outstanding, saving nine, one of the most accomplished constitutionalists. i encourage you to get it on amazon.com it will be out soon. it really does, how it addresses the issues. you know, on the one hand, senator lee, we hear about we want democracy. we're a republic, but we hear we want democracy, the people should decide, but then on the other hand they insist that court decides, the democrat party has embraced a schizophrenic argument. if we win elections they are legitimate, if you win it is illegitimate, if you win we'll turn to bureaucracy and courts to get our way,
if we down get our way we'll violate the law know including the federal statute, protesting at people's home, with encouragement of the speaker of house and senate majority leader chuck schumer. have you seen anything like this. >> no, never. not in this country. certainly not in my lifetime. it is unfortunate. in a way that, anticipated when i wrote saving nine. in first couple chapters, i explain when the supreme court is and isn't. why it matters. the last two chapters, explain what the left wants to do it resembles what frank lynn roosevelt did to the court, it failed. but it left a lasting mark, a mark that has caused a lot of problem for the american people, you can read about it in saving nine, goes on sale june 7, but now available for preorder. mark: the democrats stopped
of their president, here the democrats and their president who are doing enormous damage, a terrific book, saving nine. amazon.com. thank you, sir, keep up the good battle. >> thank you, mark. mark: we'll be right back. try boost glucose control®. it's clinically shown to help manage blood sugar levels and contains high quality protein to help manage hunger and support muscle health. try boost® today.
these are tough times economically and otherwise. but we have gone the through worse. let's stick together, and let's be heard. i will see you next time on "life, liberty & levin." >> breaking tonight one person in custody after the police responded to response of a shooting in california multiple people wounded in one now confirmed dead. the shooter was actually apprehended and hogtied by prisoners and then later taken into custody by police. we will keep you updated with the latest information on this tragedy. then it comes after the tragedy of the shooting in buffalo new york killing ten what local law enforcement and the mayor had to say about