Ep. 2454 - Trump WIN: SCOTUS Says Send Them Home

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**Ben Shapiro** (1:00)
Joe Biden opened the border. Donald Trump closed the border and the Supreme Court just ruled that that is OK. I laughed in the legacy media, but of course, I repeat myself, they are going insane, like crazy. They say the Supreme Court is now a right-wing tool. It's an evil stand-in for vicious racism. That's stupid. I'll explain why. Plus, we'll get to Democrats embracing communism and radical jihadism. The Daily Wire preparing for a major movie release that takes on both communism and jihadism and why Europeans apparently hate air conditioning. This is The Ben Shapiro Show.
Okay, so yesterday, there were two Supreme Court decisions that came down, they were both six to three, it was the Republican appointees on the court versus the Democrat appointees on the court. The first decision had to do with people seeking asylum at the US-Mexico border. The other had to do with the Trump administration unlabeling countries like Syria and Haiti dangerous for purposes of deporting people here on temporary protected status. Now, before we get to the content of these decisions, we first need to understand what the Supreme Court does. Why is that important? Well, it's important because the left wants the Supreme Court to be a thing it is not, so then they yell at the Supreme Court when it doesn't do just kind of what they want. Obviously, listen, immigration is a massively hot topic and is a huge, huge driver of votes. And immigration policy helped drive President Trump back to the White House and the open borders policy of Joe Biden did great damage to the country. But when we are talking about Supreme Court decisions, particularly, we have to discuss the role of the Supreme Court because if the left doesn't get what it wants, it just attacks the court as an institution. So, what is the court supposed to do? Well, it does not make policy. It does not make good policy or bad policy. It does not decide whether policy is even good or bad. That's why we elect a Congress and a president. It's why the Supreme Court is an unelected branch of the government because its job is to interpret what the law means, to decide what the law says. That's its whole job. So, it doesn't get to say, we read the law, the law is bad, now we're overturning the law and putting a new law in its place. That's not what the Supreme Court does. Now, the left wishes that we're not the case. For decades and decades and decades, going back really to the 1930s, the left has decided the Supreme Court ought to act as essentially a super legislature, a group of really smart people who can simply rewrite policy they don't like into good left-wing policy. In fact, what they want is for the Supreme Court to say that when the president or congress does left-wing things, that's legal, but when the president or congress does right-wing things, that's illegal. The Supreme Court is supposed to be a one-way ratchet for the left. But again, that's not the job of the Supreme Court. And the Supreme Court did its job yesterday. It doesn't matter whether you agree with what the Trump administration actually did at the U.S.-Mexico border or with Haitian migrants. Again, it is not the job of the Supreme Court to agree or disagree with such action. The question is, under our Constitution, who has the authority to do what? And the Supreme Court said that the Trump administration acted within its legally defined purview and that it could not simply overrule the Trump administration based on not liking it or liking it or whatever. If you don't like the policy, in other words, elect a different Congress or a different president. Again, that's the job of the Supreme Court now, to the content of these decisions. Now, the fact that these things even had to be decided at the Supreme Court level, all of this turned into a Supreme Court case because of a long history of bad legislation and then presidents taking advantage of bad legislation, which by the way is the story of congressional presidential relations basically since Woodrow Wilson. Congress passing vague laws, presidents taking advantage of that in order to maximize their own power and all the rest. So let's start with the first decision. It was called Mullen versus Otro Lado. So first the background on this decision. So back in 2016, the Obama administration set up a process called metering. Hey, it was a there was heavy migration at the southern border, as you recall. And until 2016, if you are a non-citizen and you were seeking asylum at a port of entry on the US-Mexico border, you would cross into US soil and then wait in line for inspection. And at that point, we had a legal duty to listen to you. And most people would come and they would claim asylum. They would claim they couldn't go back to their home country because of a specific threat. Now, that is a different thing from temporary protected status as we'll get to. Asylum requires you to show a specific threat to you. You can't just say, I want to come here because my home country sucks. That's a different thing. Okay, so in order for that to be adjudicated, you would come, you would wait in line for inspection at a port of entry. And once you're on American soil, then we had a duty to actually listen to your asylum claim. Toward the end of the Obama administration, there were so many people arriving at the border trying to get in while Obama was still in office that the government approved something called a metering policy under which border agents would basically stand at the border and say, don't come in.