During his daily Facebook Live video podcast of “The Ben Shapiro Show” on Wednesday, host and Editor-in-Chief of the Daily Wire Ben Shapiro suggested Republican-appointed Supreme Court Justice Brett Kavanaugh and Chief Justice John Roberts would not vote to overturn Roe v. Wade.
“Now, here’s the reality: this bill is not going to go into effect, barring the Supreme Court overturning Roe v. Wade, which is not going to happen,” stated Ben Shapiro. “I’ve been saying for a long time, Justice Kavanaugh is not going to vote for that. Justice Roberts is not going to vote for that. I have serious doubts whether the Supreme Court, as currently constituted, would vote to overturn Roe v. Wade.”
Ben Shapiro’s comments came in response to a New York Times piece that discusses an Alabama law that is currently awaiting the signature of Alabama Governor Kay Ivey (R). The bill has been called an effective “ban” on abortion in the state of Alabama.
Below is a transcript of Shapiro’s remarks concerning the Alabama law outlined in The New York Times piece:
“According to The New York Times, ‘The Alabama senate approved a measure on Tuesday that would outlaw almost all abortions in the state, setting up a direct challenged to Roe v. Wade, the case that recognized a woman’s right to constitutional end a pregnancy.’
“Now even the euphemistic way that The New York Times talks about this stuff is pretty amazing. ‘A right to … end a pregnancy’ – that, that’s not ending a pregnancy, guys, right? That is an editorial choice that you are making. It is a right to an abortion at the very least, a right to snuff out a human life in the womb at the very most. ‘Right to … end a pregnancy,’ okay? If you have a miscarriage, that is your right to end a pregnancy right there. Also, you have a right to prevent a pregnancy by not getting pregnant in the first place. You can tell the way The New York Times likes to slant its stories from the very outset.
“‘The legislation bans abortions at every stage of pregnancy and criminalizes the procedure for doctors,’ right? Not for women. So all the lies about how women are going to go to jail; this is the handmaid’s tale; if women seek an abortion, then we’re going to throw them in prison. None of that is true. The legislation is specifically directed at abortion doctors because this has long been the pro-life position is that, if you want to cut off abortion at the knees, you have to go after the people who are making money off the abortions. You have to go after the people who are professionally performing those abortions. In the same way that a lot of people who are sort of libertarian on drugs say that use of drugs should not be treated harshly by criminal law but distribution of drugs is a different story – the same thing is true with regard to abortion.
“This does include ‘an exception for cases when the mother’s life is at serious risk, but not for cases of rape or incest … The House approved the measure … — last month. It now moves to the desk of Gov. Kay Ivey, a Republican.’ Now, it makes people very uncomfortable on the left that, apparently, all the people who are behind this bill were men. There were only four members of the Alabama senate who are women, and they are all members of the Democratic Party. But they are neglecting the fact that the governor of Alabama is a woman, Kay Ivey, and she agrees with her Republican caucus.
“‘Although the governor has not publicly committed to signing the legislation, many Republican lawmakers expect her support. In an email on Tuesday night, spokeswoman for the governor, Lorie Davis Johns said Ivey would ‘withhold comment until she has had a chance to thoroughly review the final version of the bill that is passed.’
“Now, here’s the reality: this bill is not going to go into effect, barring the Supreme Court overturning Roe v. Wade, which is not going to happen. I’ve been saying for a long time, Justice Kavanaugh is not going to vote for that. Justice Roberts is not going to vote for that. I have serious doubts whether the Supreme Court, as currently constituted, would vote to overturn Roe v. Wade.
“Should they vote to overturn Roe v. Wade? Of course, Roe v. Wade is a garbage case.
“Will the Supreme Court overrule it? No. They don’t have the stones to overrule Roe v. Wade. They’re going to leave Roe v. Wade in case, in place because they don’t want the blowback of having overruled a very, very bad case.
“Instead, what they are likely to do, as I have said before, is they are likely to use the Planned Parenthood v. Casey undue burden standard, and they’re likely to simply gradually allow states to move closer and closer to conception or to, or to place more conditions on a woman’s ability to get an abortion based on, for example, more information: she has to get an ultrasound, she has to have a 24-hour waiting period – that kind of stuff.”