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WHAT'S NEXT: Could packing the Supreme Court END America?

Thanks to the recent leak of a drafted Roe v Wade decision, the U.S. Supreme Court likely will ‘never be the same,’ Kelly Shackelford tells Glenn. ‘I just think it’s going to damage the court permanently,’ the President & CEO of First Liberty Institute explains. ‘We’ve crossed that Rubicon now.’ So, with a ‘damaged’ court, what comes next? Well the left already is pushing to pack the Supreme Court — something Shackelford says could be the END of America as we know it: ‘When [court packing] happens, that first time, you’re done. You’re tyranny.’

Transcript

Below is a rush transcript that may contain errors

GLENN: Mr. Kelly Shackelford from First Liberty. How are you, sir?

KELLY: Great, Glenn. It's great to be you with you.

GLENN: First of all, is it illegal to leak this document?

KELLY: I'm not aware of any criminal violation.

GLENN: Okay.

KELLY: Obviously, it's -- it's a really, it's an attack upon the institution of the court. And I don't know if people understand. I mean, the court will never be the same.

I don't know what they're going to have to do now, but the ability of all the justices to have -- these are some of the brightest young attorneys in the country. They bring in new ones.

And the ability just with your own clerks. The opinions you're working on.

I mean, I just think it's going to damage the court permanently. And there's a reason why this has been never happened.

And it's -- we've crossed that Rubicon now. And the court will never be the same.

GLENN: I'm not sure it will change forever, if they put the hammer down on anything that was involved. Wouldn't that send a strong enough message to bring it back?

KELLY: I hope. I mean, number one, are they going to figure out, who it is? I think it's highly likely to be one of the 12 clerks, or the three liberal justices.

I mean, you know, what if, God forbid, it ended up being involved with the justice.

I mean, to me, I think that's impeachable. I just think that people don't understand the -- this is why sort of shooting a rocket, at the Supreme Court, is -- it is something that could -- that we might not return from, as far as the court being able to be what it is.

Which is the ability for justices. I don't know if people know this, Glenn. But what happens is, there's a majority a a dissent. And they voted, just a few days after the argument. They vote. And they start to write on the opinion. The majority writes there. And they share votes.

And people end up being convinced. This is the marketplace of ideas in a different way. It's very important. They want to know what the law is. What does the law really say?

Oh, my gosh. I didn't really think of that. And people switch.

And there's lots to that, that's happened. Where people go to a concurrence, or a consent, or a consent to the majority. And if you can't share the opinions and have that discussion, without people, you know, taking what's being written and taking it out in public, to try to use it as a political tool. I mean, you just destroyed the internal deliberation, going on, and the exchange of ideas.

It's a really horrible thing, what this person did.

GLENN: What about -- what about the idea that it might have been a conservative clerical, that thought maybe they're going to switch to the other side. This will lock them into position.

KELLY: It doesn't make sense on a lot of levels. I understand people think it's really, really cute. Because it locks them in.

Number one, the whole point is that conservatives don't do that. Conservative justices actually restrain themselves -- and no matter what I believe, I'm going to follow what works. What is the original meaning?

The whole philosophy of those people, is not just warp the court into what they want it to be. That's a liberal approach.

GLENN: Right. And that is clear in this -- in this ruling. I mean, that is mentioned several times. That we're not a political body. We can't acquiesce. We have no idea what this is going to do with the American people. But we can't care about that. We have to do what our job is.

And that is to interpret the law against the Constitution.

VOICE: And here's the thing about that, Glenn. Nobody talks about that.

This is a deal. Talk about populism. This is a massive return of power to the people. And away from a few oligarchs who control everything. In a darkroom in the Supreme Court. They weren't supposed to.

It's not the Constitution.

So this is a huge return of power, to people, at the United States. To make their decision, to decide what they think is right or wrong. And not have just a handful of people, tell them what morality is. So it's not talked about that way. But it really should be. This is what the Founders meant.

GLENN: It really is incredible. Because I saw signs last night. Power belongs to the people. And they were protesting. No. That's -- that's what this document says! Now, can -- can this go to -- we know it can now go back to states, as it should be. And they can vote and do whatever they want.

Does this -- can this also just go back to Congress, and have a federal law?

KELLY: They can. They can, if they can pass it. Because, again, the Constitution doesn't speak to it, and therefore it's up to the people. So they can pass a law. But they would -- they would have to do one of two things. They would have to -- you know, in the Senate, get 60 votes. In order to -- it's called filibuster. It's really cloture. They can either get 60 votes. Which they will not be able to do. Or they can destroy the filibuster. And that will be a permanent damaging of the Senate. I mean, the last time they didn't have a filibuster was before Thomas Edison. You know, invented the lightbulb.

So we're talking about. This would be -- change the Senate forever.

Because the reason the Senate is considered probably the most well-known deliberative body in the world. Is because you can't just pass it with raw political power. You have to get some consensus of the other side.

It takes that 60 votes. And it slows things down.

So you only have one party taking over, flipping the country, one major direction to the other. The Senate kind of stops that and makes there be some consensus.

If you take -- if you destroy the filibuster, we're going to see court packing. We're going to see Puerto Rico becoming a state. DC. I mean, we're not going to recognize our country.

I think I've mentioned this before, with your audience, even, Glenn. But if people don't understand -- once you do court packing once, your country is over.

So this is the kind of stuff that would happen, if they do get rid of the filibuster, as Bernie Sanders and others are advocating today. Because they know they'll have to do that, if they're going to push through a new law. A new Roe v. Wade by federal mandate.

GLENN: And is court packing just one justice? Or does there have to be several? I don't know who would go five to five.

KELLY: It's four. They already filed a bill to add four justices to the Supreme Court.

So it would add four. Which would then make the liberals have the majority. And they would just start doing whatever -- basically, like a super legislature. But the problem is within once you do it, the court is over. It's just a subsidiary of the majority party in power. And there's no rule of law anymore. And you don't have any rights anymore. You have whatever right the majority party wishes for you to keep, and that's why --

GLENN: And you never really go back.

KELLY: You don't. You look at -- and people wonder what happened to Venezuela. That's what happened.

Argentina. We can go through lots of countries. People don't understand. But when it happens, that first time, you're done. You're tyranny.

And really, a dictatorship is where you go. So it's something they tried in 1936, '37. FDR did. Because he did not like the fact that they were not getting his new deal through. But even his own party turned against him, before it was over.

And said, this is tyranny. We're not going to do this in this country, and it failed.

But it's very dangerous. And it's something they can only do. If they destroyed the filibuster, which would be what they had to do to pass a Roe v. Wade in federal statute.

GLENN: So that is the thing that, you know -- you know, I'm looking at here.

I'm not sure they released this to do anything, but to pour fuel on the fire, right now.

Why wait until summer? Power fuel on the fire right now. To get court packing done. And the end of a filibuster. I think it has more to do with that, than the judgment from the court. Would you agree?

I think it's both. Probably. They're hoping that they can intimidate one of the justices. This is the beginning of what I've been predicting for months. I think we were just together recently.

And I said, this is coming in June. When these decisions start coming down.

And I think they're going to go for court packing in a frenzy. I think this is going to be their new election approach. Because they obviously are not working well under the current polling, and et cetera.

And I think this is going to be their attempt. And we're seeing just a sort of release of that. In addition to, I hope they can intimidate one of the five justices, that supposedly are on this opinion.

It only says Alito, but, again, part of the leak was that four other justices, not the chief. But four of the other with them. So my hope, is that they can pick off a Kavanaugh, or a Barrett, who will lose their nerve. I don't think that will happen. I think this would entrench them even more. It will just destroy. Everybody would know that they changed their -- their principled opinion, because of pressure.

So I don't think that's going to happen. So I agree with you. Long-term, this is their strategy, and this is what they're going to do.

GLENN: Kelly, can you hang on for just a second?

I want to talk to you about the other cases that are coming up in June, and the impact that they will have.

We will do that in 60 seconds.

GLENN: Kelly Shackelford is on the board of trustees of the United States Supreme Court historical society.

He's earned his law degree from Baylor University.

And he's also the president and CEO of First Liberty Institute.

If you are thinking about donating money to any cause, I can highly recommend First Liberty Institute. They can use your money, and they are winning and actually leaving permanent marks.

It's FirstLiberty.org. So, Kelly, we have been in front of the Supreme Court. We were talking. And you said to me, we're probably more free. By the end of the summer, we will be more free, religiously speaking, than we have been in our lifetime.

You also said, because of Roe vs. Wade, and the other opinions that you think are coming down the pike, that the left is going to lose their mind. What are the other cases?

Well, obviously you've got Dobbs. Which is the Roe v. wade, which we're now seeing the precursors too. And, by the way, the way this works, is the court issues all of its opinions by June, because the session will end. And they will mostly leave the country and speak and teach and stuff. Other places. So the opinions are out by the end of June. You would expect Dobbs to be issued that last week, probably.

GLENN: Hang on. Let me ask you a question. Why don't they just finish it now, and make it official?

KELLY: They might. They might. I don't know how far along they are. Because what we saw was an early draft. But if I'm the chief, I think I might move it along now. And say, we'll get this out quickly. So all this nonsense will stop. But it normally will be late. But in addition to Dobbs. You've got a Second Amendment case, which will be -- I think in favor of the Second Amendment. And against the New York restrictions. On guns.

GLENN: Which will do -- which will do what?

KELLY: It will just bolster the Second Amendment, and say that these types of restrictions are unconstitutional. Because there is a Second Amendment right to keep and bear arms. And this violates that fundamental right. I think you're going to get that kind of -- I think we're going to -- we argue it's a major school choice decision in September. And, you know, it's expected, the way the argument thing. That we're going to win that case.

GLENN: Which would mean, what?

KELLY: Which means any time, there's any school choice program, anywhere in the country, you cannot exclude religious schools or religious choices from the parents.

And that will make clear, that school choice has to be fair. And that everywhere it's going on. And there's a lot of programs out there. The exclusion of the religious schools is over. And so at a -- that will cause a lot of religious schools to come into being, because now there will be resources, that the parents have to choose what they think is best for their kids.

So that will be a big decision. Because the Kennedy case, which we just argued a week ago, Monday. That's a huge case. And it looks like, it's going to be even bigger than expected. Depending upon how they write the opinion.

Again, this is a coach. She was fired for going to a knee after the game, to say a 20-second prayer, thanking God for the privilege to coach the young men, he coached. It's the first time the court has ever had a case, on the free exercise. Or religious freedom rights, of a teacher. A coach. Anyone. So there's never been a decision on this. So it will affect a lot of people that way. But what people didn't expect. During the oral argument within the court the bottom into a discussion about possibly ending the Lemon case. Which has been around for 50 years. And if people wonder why our whole lives, we've seen attacks on nativity scenes, and menorahs, and veterans memorials with religious symbols. And Ten Commandments monuments, and all that.

It's not because the Founders said anything about that. It's because of this really bad case 50 years ago. And it's been the weapon of choice. For secularists now. For 50 years. To wipe our society clean of religion. And it's pretty clear that maybe a majority of the justices are about to say, that's over. And that's a sea change. If that happens as well.

GLENN: Jeez.

KELLY: So those are just a handful. And there's some others as well.

Finance. There's the border case that was argued this last week. So all this stuff is coming down, at the end of June. And my guess is, the Marxist left is not going to like these things.

GLENN: It is amazing to me, as -- as we are traveling down this road, where the country seems -- the government seems to be going in entirely the wrong direction.

And you're kind of losing hope.

That the Supreme Court now rides in, and is doing remarkable things, that, quite honestly, I think would find favor in the eyes of good. It's -- I mean, hopefully it buys us some time.

KELLY: Yeah. And, you know, what it's doing -- is these justices aren't themselves. Politicians. They don't go one way or another. But they're going back to the original meaning of the texts of the Constitution. Which takes us to our founding.

GLENN: Yeah.

Kelly Shackelford, president and CEO of First Liberty Institute. You can find it and donate at FirstLiberty.org.

I highly recommend that. That's the thing about constitutional judges, it doesn't always cut your way. Because it's all about freedom, and rule of law.

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America’s economy isn’t broken by capitalism... it’s broken by control. Glenn Beck and Carol Roth dive deep into how government intervention, corporate monopolies, and central bank policies have created a rigged “K-shaped” economy that rewards the rich while trapping the working class in debt and despair. From housing shortages and student loans to the rise of socialism and global governance, they reveal why Americans are losing faith in the system and what must change to reclaim the American Dream.

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Democrats cave on shutdown—But Glenn warns the real fight begins NOW

Enough Democrats have finally decided to end the government shutdown. But as we await a final vote, Glenn warns that the battle is far from over. The shutdown had a MAJOR effect on our nation: it softened people up even more to socialism.

Transcript

Below is a rush transcript that may contain errors

STU: Thank God, we are out of this shutdown potentially.

That's the thing today.

GLENN: Yeah. Are we? Are we though?

Are we?

STU: Yeah. The Democrats stepped up. Or folded, depending on who you are talking to. And solved this for us.

GLENN: Yeah. Yeah.

Thank you for that. I appreciate that.

It is -- it's so clear now that all they did was they held this for the election, to try to win the election. And now they're ready to -- to fold. And we are seeing people with real, real problems all around the country.

Socialism is becoming popular because the -- quite honestly, the -- the right is not -- is not answering the question, what do we do from here?

We are in what's called a K shaped economy right now.

And that's what happens after a crisis. When the different groups, head to different opposite directions and locations.

If you think about a K, you think the upper line goes up. And the lower line, that's the -- the up are the people with assets and homes and stable jobs.

And they'll do well.

But the lower -- the lower line goes down.

And that's the people living paycheck to paycheck.

The renters. The small businesses. The wage earners. That all fall behind.

And right now, you're seeing on television, you're seeing, oh, my gosh. Look at, the stock market is up. All of these things are up. Well, that's great. Some rise. Some sink. But the gap is widening here. The K at the very beginning where the two lines meet is very, very close to each other.

But as they keep going, those lines becomes further and further apart. And there is a moment in -- you know -- there's a moment -- how can I explain this?

Remember the old country fairs? You probably never went to one. But maybe you saw it on TV. Where there's a strong man contest. And there's that thing where, you know, you hit the -- you hit the thing with the hammer, and the bell goes up. And it goes bing!

That's what's happening right now. There's a strong man contest going on right now, and everybody leans in to see, oh, will this guy be able to ring the bell? And he takes the big hammer, and he swings it, and the puck goes up, and it rings the bell. Some swing just as hard, and the puck barely budges, okay? Same hammer, same pole, different outcomes. That's a K-shaped economy.

And we live in a moment where the puck is going up for those who already own a house and have investments or run businesses that survived the storm. And, you know, they -- they swing the hammer.
And the bell goes up and rings the bell. But the family down the street, the young couple that is trying to buy their first house. The small shop owner that never reopened. They're swinging just as hard. Just, the puck is barely going up as hard. And the system says, "Try again, step right up. Try again."

And then hands a smaller hammer. A K-shaped economy is not philosophy.

It's not a political slogan. It's what happens when a government prints money like confetti. And then watches inflation climb a ladder that is missing rungs. And then tells you, don't worry. The economy is booming. I'm sorry. The economy is not booming for a lot of Americans.

And there are big changes being made right now of the global level. And I like the changes that are being made at the global level. But we are -- we are forgetting there are too many people that are really hurting right now.

You know, we are going to continue to work and continue to spin our wheels on socialism. Until there is a new idea on how we're going to get out of this problem.

And Donald Trump is working on a long-term solution. But I -- I fear that's not going to be enough.

I heard a crazy idea today about a 50-year mortgage. Oh!

Wow!

So the average person is in their house for 12 years.

And I've got a 30-year mortgage. Which means, I'm not really putting very much into it. Because the bank is taking all of the interest rates for the first, you know, ten years, at least. They're taking all the interest first. And then I don't really start paying my house off until the last 15 years of that mortgage. But now, instead of a 30-year, you want me to do it for 50 years!

Oh! Okay. Okay.

Well, what -- what is that going to do. Well, first of all, it's going to raise the price of the house.

You know, if everybody starts -- I get a 50-year mortgage, so I can afford the house. We have a shortage of houses.

So the house payments. Sorry, the house prices are going to go up because we have a lack of housing. And then on top of it, you're going to double the payment anyway.

Because you're paying all that extra interest. I mean, you're just charging more and stretching it out. It's like, solving hunger by not giving food. But just giving longer straws to people.

Okay. Wait. What?

You'll pay double to the same house. It means double the interest rates. And while your roof has to be repaired, the -- the brand-new wiring that you had when you bought the house, all needs to be redone. The appliances have to be replaced. Everything. The bathroom is completely out of date.

All has to be replaced again. You're still paying on that house.

It's like buying, not one house, but two houses. And it's not freedom.

It is trapping you. And, you know, what really bothers me is, it is home ownership. No. I'm sorry.

It's renting, disguised as home ownership.

That's what that is. You're not going to build equity into a house like that. You won't own your home until you're in your '80s. And if you bought it later in your life, your children will inherit the payments that you have. It masks the problem that we really have. Is home prices. Because we don't have enough homes.

We also have these giant corporations that are buying up homes, en masse!

And then renting them to us!

And we also have prices for the home that is broken from the wage -- a 50-year mortgage is like giving someone a longer plank on a sinking ship.

I'm going to end up in the water anyway.

I guess that's helpful in a strange sort of way.

What we don't understand is these are the conditions in which socialism thrives.

If we keep just trying to say, socialism is wrong! We're not going to help anyone.

There's two things that have to happen.

We, A, have to come up with new solutions for these very old problems.

And the new solutions cannot involve printing more money. Bailing the banks out.

Giving the banks more interest. Or anything like that.

Because socialism is coming with a vengeance. And, boy, I've got to tell you, it is going to have all kinds of answers, because it always does. In January, I will start something new, called the Torch, and it exists really, for one reason. We're running out of time to relearn what our grandparents knew by heart. Okay? The lies that we face today are not new.

They're old ghosts wearing just modern clothes. And starting January, I'm dedicating the next part of my life.

The last part of my career, to education on history and -- and usable things going deep. You know, the thing about broadcast is, you go very wide and very shallow. I need to go narrow and deep at times.

We will still be doing what I do here. Which is bringing you all the news and trying to make sense of it.

But I need to go deep on things. And socialism is one of them.

So we are working right now on new programs and new podcasts, and new -- a new daily rhythm of learning that I've never done before. And some of these shows are just going to be you and me, every single day, just walking through history with a flash light in one hand and the truth in the other, trying to figure out what's going on. But one of the lessons that I think we need in this is a series on socialism, on why it never works, how it happens.
And how the lies always begin exactly the same. This is the kind of work that the Torch is being built for. So let me give you -- let me give you a highlight of one lesson.

On how -- whenever a society gets into this situation, history will show us, a poisoned promise begins. And I'll give that to you, here in just a second.

GLENN: Okay. So let me give you -- with a K-shaped -- a K-shaped economy, the socialists always arrive making all kinds of poison promises, and there is a pattern. And it is so ancient, it can be Scripture. Also, modern enough to sit on the news crawl, as you're watching whatever news you're watching.

Every socialist experiment starts with the same smooth tongue promise: We are going to make life fair.

Unfortunately, for socialists, you know, history keeps impeccable books. The receipts are really, really damning. Fortunately for socialists, nobody ever reads history.

So let's take a quick stop at history for a second. Hugo Chavez is probably the latest. When Chavez took power in Venezuela, it was 19.95. He told the nation, which was boom. It was lake America 2000, okay?

He said -- he's building a new -- a new revolution that would create a classless society. Where oil wealth would lift the poorest into dignity.

Okay?

He had the richest country, besides I think the United States of America, in the western hemisphere.

He said, it wasn't enough!

We need no more hunger.

No more shantytowns. And the state will guarantee your rights. And we're going to distribute the wealth of the rich to the people.

And everybody cheered. And everybody was so very excited. And for a short moment, the fantasy glowed. Because it always the blows for just a fraction of the second.

He nationalized the oil industry. Then he said, poverty he would end by decree.

Well, he ended something by decree.

By 2014, the shelves were completely empty in the stores. By 2016, the average Venezuelan was losing over 20 pounds a year, due to food shortages.

Let me just remind you, that by 2016, they were eating the dogs and the cats in the streets.
Not making that up. Look it up yourself. And the zoo animals in the cages of the zoo were also being cooked up for people on the streets to eat!

Hospitals lost their power. Children died from treatable diseases.

Millions fled the country. And today, Venezuela sits on the largest proven oil reserves in the world!

And yet, people are standing in line for bread while the daughters of the socialists post photos of European vacations. What's happening to the revolution there?

It ended with a ruling class gorging on privilege and the nation digging through dumpsters for meals. That's the way it always happens. It's not an outlier. It's a rule.

Look at Cuba, 1959, Fidel Castro. I'm quoting, the revolution will bring justice, equality, education, and health care for all!

Freedom from American exploitation. Che declared that Cuba would become an example of a new humanity!

Well, what followed?

Well, first thing they did, was they shut down the independent newspapers. They were shut down by 1960. Then they imprisoned people in labor camps for being counterrevolutionary, including priests, teachers, and homosexuals.

Yeah, that Che. Then food rationing began in 1962. By the way, food rationing in Cuba has never ended!

Today, the average salary in Cuba is $15 a month!

Now, the same communist party that claimed to abolish class, created the most immovable ruling class in the Caribbean, and yet the billboard still shows smiling peasants and slogans about equality, while the sons of party officials are driving imported cars through Havana's rotting streets. And everybody else has to fix a car from the 1950s. Remember, the promise was fairness, but result was an island-sized cage.

All right. It was just those two! Now, let's look at Germany. The Nazis were -- national socialists. Hitler didn't sell Naziism as tyranny. He sold it as social justice for the German worker. The Nazi platform, 1920, promised abolition of unearned incomes. Profit-sharing in large industries. Nationalization of trust. Land reform because there just wasn't enough space for people to own their own houses. All in the interest of the common good. It was marketed as a worker's movement. A worker's -- a socialist worker's movement, and it was going to correct all the inequality, punish the greedy capitalists, and restore fairness. So what happened? Well, first the disabled had to go, and the sick children. Because we can't afford to keep them going. And the political dissenters, they were just stopping us from all this progress. Oh, and the Jews, of course and the Slavs.

And the Pols. I mean, anyone who didn't fit the utopian math, they were gone. The promise of fairness became the most industrialized murder machine the world has ever seen. But don't worry. We can also go to the Soviet Union. The grand cathedral of socialist dreams.

Here's what Lenin promised: We'll bring about the complete equality of all citizens, end quote!

The state, quoting, will whither away! Oh, yeah.

The workers will own the factories. The peasants will own the land. Okay. So they got power. And what happened?

Well, none of that. Under Stalin, over 100,000 priests were executed or sent to camps. Why?

Why do they keep going after the religious people? Because the religious people are the only ones that will stand against monsters, that's why.

Millions of Ukrainian peasants were starved under the Holodomor for refusing the collectivization. Read that story. It's horrific. The workers paradise required one of the largest secret police stories in human history. Why?

Soviet Union became a nation where you waited hours to buy bread. Party members, however, if you were in the party, and you were high up.

Oh, you could get anything you wanted. You had luxury stores that were built just for you.

By the 1980s, the system was so hollow, that the most basic consumer goods. Soap. Shoes. Toilet paper, they were rationed or unavailable. And, by the way, the state never withered away. It metastasized into every corner of life. It became everything.

This story of socialism is written in blood, in ledger books, all over the world.

And it always starts with the promise of equity or equality. And it always leads to the rise of an elite who decides what equality means. And every time it fails, they say, well, that was just put in the hands of the wrong people.

No, the key word here is not wrong. It's people. People.

The workers never get the factories. The peasants never receive the land. The poor never get any of the wealth.

And it's this story over and over and over and over again.

Socialism begins with a promise. But always ends with a ruling class, armed with absolute power!

Only the names change.

Did you know that -- did you know in Jamestown, in 1619, you know, that boat that the New York Times said arrived. Didn't arrive with slaves.

It arrived with socialism. It ended in cannibalism. Did you know that the pilgrims tried the same thing?

They decided, you know what, we should put everybody's money into a big pile. You take whatever you be need.

That's the Christian thing to do!

You know what that ended with?

Starvation and death.

By the way, the big reunion tower, the big ball you see in the sky.

That's to mark reunion.

That's the first sociologist town in 1855 in Dallas. Guess how that ended! Starvation!