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Ben Shapiro: ‘Stakes Are So High’ with Kavanaugh Because ‘Founders Never Intended’ for SCOTUS to Be ‘Superior Political Branch’

Michael Morris | October 5, 2018 | 1:27pm EDT
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Host of "The Ben Shapiro Show" and Editor-in-Chief of the Daily Wire Ben Shapiro (Screenshot)

On his daily Facebook live podcast “The Ben Shapiro Show” Friday, host and Editor-in-Chief of the Daily Wire Ben Shapiro suggested that the “stakes are so high” with Supreme Court nominee Judge Brett Kavanaugh because the “Founders never intended for the Supreme Court to be the superior political branch.”

“The reason that the stakes are so high is because the Court became something it never was before during the Warren era and afterward,” stated Ben Shapiro. “And that was, an actual political institution dedicated to a specific set of policy goals.”

Later in his show, Shapiro continued, “[T]he Founders never intended for the Supreme Court to be the superior political branch, and yet, that’s exactly what’s happened.”

Shapiro’s comments came as Supreme Court nominee Judge Brett Kavanaugh cleared a key procedural hurdle in the Senate Friday after the Senate voted 51-49 in favor of invoking cloture. According to the New York Times, Alaska Senator Lisa Murkowski “was the only Republican to vote no, while Senator Joe Manchin III of West Virginia was the only Democrat to vote yes.”

The vote on Friday came after “nearly 300 protesters were arrested at a US Senate building on Thursday afternoon as crowds of activists descended on Capitol Hill while lawmakers reviewed the FBI’S report on the allegations against Supreme Court nominee Brett Kavanaugh,” reported CNN.

Below is a transcript of Ben Shapiro’s remarks from his show Friday:

“I will note something: it is pretty amazing, it’s pretty amazing that we’ve reached this point in American public life with regard to Supreme Court seats.

“This did in fact start with the Democratic left that decided that the Court was a tool for the promulgation of public policy and not merely an impartial arbiter or constitutional meaning.

“The reason that the stakes are so high is because the Court became something it never was before during the Warren era and afterward. And that was, an actual political institution dedicated to a specific set of policy goals.

“The reason people care about the Supreme Court, the reason that the people think that the Supreme Court matters is because of things like Roe v. Wade, when the Court decided that it was going to make national policy on the basis of left-wing viewpoints having nothing to do with the Constitution. And the left believed that the Court was going to be its final bastion of leftism. No matter what happened, they could always count on the Court to step in and defend leftist policy priorities. And for a long time that was basically correct.

“And now it turn out that when Republicans want to restore the judiciary to its proper role, namely reading the Constitution as it is written, as it was meant, then the left says, ‘Woah, hold up a second. Hold up a second.

“That’s why people are so passionate.

“Because, let’s face it, nobody cares about the local dog catcher’s race. None of this would have happened if we were talking about a branch of government, like a bureaucratic branch of government. Nobody would have cared about that.

“They care about the Supreme Court because they think that the Supreme Court is important.

“The only people— The only reason people think the Supreme Court is important is because the left has turned it into a political tool and has used it as a club to beat senseless people who actually believe in the text of the Constitution for the last 60-odd years, 50-odd years. I think it’s fair to say 50-odd years, since the 1960s, since maybe Griswold v. Connecticut. Although, you could certainly cite cases like Wickard v. Filburn. And the Court has outstripped its boundaries many times before that obviously: Dredd Scott, Korematsu.

“I wrote my entire Harvard Law School third year paper on the idea that judicial review should be significantly curtailed because the Founders never intended for the Supreme Court to be the superior political branch, and yet, that’s exactly what’s happened.”

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