Judging Freedom - Biden Dead Wrong Again on Abortion

Episode Date: June 9, 2022

Biden talks about Supreme Court & Roe v Wade on Jimmy Kimmel's talk show #Biden #abortion #Jimmykimmel #KimmelSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Everyone, Judge Andrew Napolitano here for Judging Freedom. Today is Thursday, June 9th, 2022. It's about 3.45 in the afternoon. I meant to run these clips for you this morning because they happened last night, but we were involved in other interviews, which you may or may not have seen. So last night, President Biden was on with Jimmy Kimmel live from Jimmy's studio in L.A. And he said some goofball things. One is on abortion and one is on marital privacy. But I'll let you hear what he said. And if you want, you can listen to my thoughts on it.

First, abortion. I think if the court overrules roe v wade and does what is yeah draft what we fear they will well if that occurs i think we have to we have to legislate it we have to make sure we pass legislation making it a law that is the federal government says this is how it works i guess he didn't read the Justice Alito draft because if that draft becomes the majority opinion, it says the federal government has, you ready Uncle Joe, no say whatsoever on abortion. Federal courts can't rule on it and the Congress can't legislate on it. Only the states can. It's mind-boggling to me that the President of the United States, before a Supreme Court opinion even comes down,

is speculating on a television show, out loud, live, unrehearsed, what he's going to do to get around it. Now look, we don't know if Justice Alito's draft opinion will essentially be the majority opinion, but if the theory and the wording of it is nearly the same, then the legislation that the president proposes would be unconstitutional ab initio from its very moment, and a court would have to strike it down. Here he is. You've got to listen to this because he's got he's got the cart before the horse on Griswold versus Connecticut, the right to privacy, a 1965 Supreme Court, great Supreme Court opinion. Connecticut versus Griswold said that you could not use contraception in the privacy of your own bedroom because in the Constitution there was no

right to privacy. And so they could outlaw. And if you use contraception, it was against the law. And, you know, there's a whole range of things that are at stake here when we talk about eliminating Roe v. Wade and all it's all the same sex marriage. I mean, it's just ridiculous. It's ridiculous that the president of the United States doesn't know what he's talking about. The case is called Griswold versus Connecticut. You've heard me talk about this a number of times. It's one of my favorite Supreme Court opinions. It's a great opinion. If you follow my writings, you know that I've written about this extensively, both in my books and in my weekly columns. But in Griswold versus Connecticut, Dr. Griswold

was a physician at the Yale New Haven Medical Center, and he distributed contraceptives to married persons in violation of a Connecticut law that prohibited that distribution. The president made it sound as though the Supreme Court upheld this law. It didn't. It struck the law down because it found that the decision to use contraceptives and the circumstances under which contraceptives are used are both protected by the right to privacy and are none of the government's business. Now, where does privacy come from? Because it's not mentioned in the Constitution. Two ways the court addressed this. One, it looked at every part of the Constitution that seemed to protect personal behavior from government interference. And it said you got three or four places, and as they sort of are lights coming out of the Constitution, in the shadows of those lights is where the right to privacy resides. An odd rationale, but one accepted nevertheless. The better rationale, in my view, is the concurrence by Justice Arthur Goldberg, who said the Ninth Amendment protects natural rights and the right

to choose a mate, to have sex with the mate, and how you're going to have sex with the mate is protected because it's none of the government's business. So old Joe needs to know he's talking about. I know he's upset about Roe versus Wade. It hasn't been reversed yet, but we're pretty confident it's going to be reversed. But Joe, you're a lawyer, Mr. President. Sorry. You're a lawyer. You should get these things down well and accurately before you go on national television and discuss it and make it sound like you wouldn't even pass the course on constitutional law in the first year of law school. Judge Napolitano for judging freedom.