Tucker: Why is everyone so mad at Justice Alito?


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 It’s hard to think of a topic in American life that’s more divisive than abortion. Abortion is in the news today, obviously, but most Americans, no matter where they stand on it or how passionately they feel about it, don’t really want to talk about it because it’s just too painful. So with that in mind, for once tonight, we’re going to open this show with an issue that unites all of us and it’s democracy.  

Everybody in America is for democracy. Democracy is the basis of our political system. Both parties support democracy strongly. They often say so and of course, the alternative to democracy is bad. It’s tyranny and nobody is for that. So, it’s heartening to learn that preserving democracy is the main idea, really the only idea, behind Justice Samuel Alito’s draft opinion on the Roe v. Wade decision. Virtually everyone in the country has heard about Alito’s 98-page opinion since it was leaked on Monday night to Politico and yet, at the same time, for all the talking about it, almost nobody seems to have any idea what is in it. Nobody’s actually read it.  

Partisans on television keep describing Sam Alito as a hater, somebody who just hates women and hates rights, a sadist whose only pleasure is extinguishing human freedom and happiness, both of which, of course, are predicated on abortion. That’s what they’re saying about Alito. Now, we’re not familiar with Sam Alito’s soul, so we can’t confirm or deny this either way. But we can tell you, having actually read his opinion, that there is no hint of any of this in what he has written.  


Supreme Court Justice Samuel Alito addresses the audience during the "The Emergency Docket" lecture Thursday, Sept. 30, 2021 in the McCartan Courtroom at the University of Notre Dame Law School in South Bend, Ind. 

Supreme Court Justice Samuel Alito addresses the audience during the “The Emergency Docket” lecture Thursday, Sept. 30, 2021 in the McCartan Courtroom at the University of Notre Dame Law School in South Bend, Ind. 
(Michael Caterina /South Bend Tribune via AP)

In fact, there’s not even an attack on abortion. He could be pro-choice, for all we know. Samuel Alito merely argues that Americans have the right to vote on how abortion is regulated and for nearly 50 years, Roe v. Wade has prevented voters from doing that. It has taken that right from them. That’s it. That’s the sum total of the supposedly controversial opinion by Samuel Alito and if you don’t believe it, here’s how that opinion concludes: “The Constitution does not prohibit the citizens of each state from regulating or prohibiting abortion. Roe and the Casey decision abrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives.”  

Now as a factual matter, not that facts seem to matter too much, but if you cared about them, you couldn’t really argue with that claim, because the Constitution does not, in fact, prohibit American voters from banning abortion or for that matter, does not prohibit American voters from legalizing abortion because the U.S. Constitution doesn’t mention abortion or allude to it in any way. And anyone who claims that it does, as the Roe decision claims, is lying to you. Read the document for yourself. It’s online.  

So why exactly is everybody so mad at Samuel Alito? It’s strange because what Alito is proposing here is the very definition of democracy. We’ve got a bitter disagreement, in this case, over abortion. Both sides have a case to make. They can take that case to the public. In the end, the public gets to decide who’s right by voting on it. That’s called self-government. Since when is that scary?  


Well, since one side decided that self-government is too risky and had to be eliminated. Now, they couldn’t say this out loud, of course, because, as we told you, the alternative to democracy is tyranny and no one can be for tyranny. So instead, they played yet another word game, because that’s always how it starts. They inverted the definition of the word “democracy” to mean exactly the opposite of what democracy has meant for thousands of years since Athens. In Washington at this point, the word “democracy” now means “We’re in charge of everything. Shut up.” That’s almost exactly how they’re defining democracy. 

This morning’s Washington Post carried this headline, which, as usual, doesn’t seem real, yet is real: “In draft abortion ruling, Democrats see a court at odds with democracy” Because letting people vote on things is now “at odds with democracy?” 

It’s hard to believe anybody could say this with a straight face, but Joe Biden can say anything with a straight face. Just today, Biden declared that people who insist on voting for things are not only wrong, they’re the single greatest threat facing the United States. People who still believe in yesterday’s understanding of democracy, where they have power, are more dangerous, Joe Biden said, than al-Qaeda, the Weather Underground, even the Nazi Party. These people are terrorists, and you know what we do to terrorists? Watch.  

PRESIDENT BIDEN: This is about a lot more than abortion. What happens if you have states changing the law, saying that children who are LGBTQ can’t be in classrooms with other children? Is that legit under the way the decision is written? What are the next things that are going to be attacked? Because this MAGA crowd is really the most extreme political organization that’s existed in American history.  


President Joe Biden delivers remarks on the debt ceiling during an event in the State Dining Room of the White House, Monday, Oct. 4 in Washington. 

President Joe Biden delivers remarks on the debt ceiling during an event in the State Dining Room of the White House, Monday, Oct. 4 in Washington. 
(AP Photo/Evan Vucci)

Everything about that is a lie. It’s hard to believe that’s the president of the United States. Of course, it’s not a decision, it’s an opinion and that opinion says explicitly this reasoning applies only to Roe v. Wade and abortion, and it should not be construed as applying to anything else. It says that flat out. If you read it, you would know that. He didn’t, clearly.

So, what he said is a lie, but here’s the line that you should never forget and we’re quoting, “This MAGA crowd,” (which is to say the tens of millions people who voted for Donald Trump) is really, we’re quoting, “the most extreme political organization that has existed in history.” 

In history, all human history, which is to say worse than Hitler, worse than Stalin, worse than Mao. It’s hard to believe he’s talking about tens of millions of American citizens, but he is. And you should know that no American president ever has talked about his own people like this or even considered talking about his own people like this. It is shocking that any president would and he just did and it’s easy to see where it goes from here. What do you do to terrorists? Well, you know what you do. You kill them. It doesn’t matter if they’re American citizens. Barack Obama told us that. You just drone them. They’re terrorists. Terrorist must die. So, you should pay close attention to what any president says from the podium, particularly when it’s Joe Biden, and everything he says, he reads because he has no choice.  

What are we seeing? We’re seeing a coordinated effort by the Joe Biden administration to recharacterize political dissent as terrorism. “Disagree with us, you’re al-Qaeda, you’re Hitler.” So, to get people to accept this, they’re not using rational arguments because there is no rational argument for this. It is the definition of tyranny, erasing democracy, replacing it with autocracy and force. So instead of convincing people, they’re using what they always use, which is fear and hate. They’re whipping people into a frenzy. Here’s Kamala Harris.  


VICE PRESIDENT KAMALA HARRIS: Those Republican leaders, who are trying to weaponize the use of the law against women. Well, we say, “How dare they? How dare they tell a woman what she can do and cannot do with her own body? How dare they?”  

“How dare they?” She squeaks, “How dare they tell a woman what she can do with her own body?”

Well, amen to that. Where was this Kamala Harris a year ago when thousands of (yes) women were fired from their jobs and banished from society because they refused to submit to the other Kamala Harris’ claim that she controlled their bodies, not them? They had no bodily autonomy. They had to take an experimental medicine that hurt a lot of them. That’s true and by the way, since when did Kamala Harris believe in this thing we’re calling “women?” Whatever happened to “birthing people?” They disappeared in a day, along with our concern for the Ukrainian civilian population. It turns out that women can now get pregnant. What?  

Yes, just women and if that sounds like transphobia to you, well, yeah. The old Kamala Harris told us again and again that is transphobia. She’s an ally of the trans community, but here she is denying the lived experience of trans and non-binary folks. For the record, that’s “folx” to say nothing of the Latinx.  


What NYU Law School, they noticed, (They pay attention to the semantics. They’re going to be lawyers.) they’re calling out this Kamala Harris for her transparent transphobia, like literally. One student leader just announced to the entire student body that Justice Alito’s opinion was racist. Of course, it was racist. That goes without saying. That’s implied. But then added this important observation, and we’re quoting “Not just women get abortions! (Exclamation point, which means we really mean it) Acknowledge the experience of trans men, nonbinary people, other folks who have abortions.” 

Yeah. Take that Kamala Harris! Do even hear yourself, bigot? Lately, it seems like a lot of our anointed experts don’t actually hear themselves. We’re running little short on self-awareness and IQ points and here’s the greatest example of the week. This is from PBS host, in other words, a journalist whose salary you help pay, Yamiche Alcindor. We’re just going to read it and let you enjoy it. “I’m in Mississippi outside the Jackson Women’s Health Organization, the abortion clinic at the center of the SCOTUS case.” (So, she’s on the scene) We’re quoting again, “While, conservatives are celebrating the possible end of Roe v. Wade, some women here tell me they feel ‘gutted,’ ‘devastated’, ‘like someone has died’.” 

So, the ladies of the abortion clinic feel like “someone has died.” It’s like the Babylon Bee, but no, it’s PBS and they don’t even know they’re saying it. That’s what these people are like and no one’s more like that than Elizabeth Warren.

Elizabeth Warren barely has control of herself on the best day, but on a day when people are talking about abortion, she loses control completely. Here she is.  


REPORTER: How are you feeling?  

WARREN: I am angry.  

REPORTER: Angry and upset?  

WARREN: Angry and upset and determined. The United States Congress can keep Roe v. Wade the law of the land. They just need to do it.  

REPORTER: I’ve never seen you so angry. You seem to be.. 

WARREN:  This is what, the Republicans have been working toward this day for decades. They have been out there plotting, carefully cultivating these Supreme Court justices so they could have a majority on the bench.  

WARREN: Extremists, we’ve heard enough from the extremists and we’re tired of it.  


U.S. Sen. Elizabeth Warren (D-MA) speaks during a rally in front of the U.S. Supreme Court in response to the leaked Supreme Court draft decision to overturn Roe v. Wade May 3, 2022 in Washington, DC. 

U.S. Sen. Elizabeth Warren (D-MA) speaks during a rally in front of the U.S. Supreme Court in response to the leaked Supreme Court draft decision to overturn Roe v. Wade May 3, 2022 in Washington, DC. 
(Photo by Alex Wong/Getty Images)

“I’m so angry, ” she says, her voice breaking. “I’ve never heard you so angry, ” says the deeply sympathetic journalist. “Much more angrier than I’ve ever been.” Of course, she is. Angry is what she is. Elizabeth Warren is angry full time. She’s anger embodied and in that way, she is the perfect standardbearer for her party, the party of weak men and unhappy women, the party of Joe Biden and Kamala Harris. The hallmark? Irrational and enraged and also, by the way, dangerous because irrational, enraged people are, by definition, dangerous.

Now, the Twitter account Libs of TikTok, which they’ve been trying to pull off the internet because they show you what’s actually happening out there, just posted this video of abortion enthusiasts calling for violence in the wake of the draft opinion. Watch this.

MAN: If they actually do this, yeah, that would be the time where rioting would be okay. I got the pitchforks. You get the gas and the torches.  


OTHER MAN: There’s only one solution to this, to all of this, because it’s all interconnected. Starts with “v”, ends with “e” and it’s not “vote.”  

WOMAN: Do you ever wake up in the morning and think you just want to burn it all to the ground? And what I mean by burning it all to the ground is those old, White men and the women who support them, who want to tell me what to do with my body. 

OTHER WOMAN: If Roe v. Wade gets overturned, there will be mayhem in these streets.  

Weak man and unhappy women. That’s the party right there and also, by the way, people who commit violence, but when they commit violence, it’s not insurrection. It’s not a threat to our democracy. It’s just taking to the streets and expressing yourself, even if you set fires and rush into state legislatures, into capital buildings. Not insurrection because the new rules are if you agree with the regime, you can do whatever you want and if you don’t, go to jail. 

And everybody knows this and that’s why people who agree with the regime we’re out last night causing mayhem and violence on the streets of Los Angeles. They were so upset that voters in other states, states they don’t live in, might have the right to exercise democracy and vote on abortion that they attacked the police.  


RIOTER YELLING AT COP: Get out of here you punk a– pig! F— you, you punk! You’re a f—— punk!  

What are we watching here? Well, we’re watching government by tantrum. It’s what we’ve had for quite some time. You got to give these children what they want, or they scream and kick and bite. They go crazy. They’re so angry, as Elizabeth Warren said. “I’ve never seen you this angry.” “I’m so angry.”  

But it’s not just people burning things in the streets of L.A. who think this. This is the attitude up and down the food chain, from the people who torch Wendy’s and go and, you know, loot the Apple Store, to the students at Yale Law School, which I think has sent more Supreme Court justices to the bench than any other school. 

Yale Law was a place people took very seriously. Now it’s hard to. Students there deface school property with chalk to protest Alito’s draft opinion. “It’s fascism,” the students wrote, to allow people in the states to vote on something that affects them. It’s fascism to allow people to vote on something! Right. 

So, you know how this works. They don’t want to have an argument. They want you to shut up. This isn’t a colloquy, it’s a soliloquy. It’s just them talking, no dissent allowed. You’re talking is disinformation and if you persist in talking, they’ll go after you. 


Dave Chappelle is a comedian, probably kind of liberal. Who knows what Dave Chappelle thinks about politics, but he has said some things that are unauthorized and as a result of that, he’s under heavy round-the-clock security. So, he was doing a show last night in Los Angeles in the Hollywood Hills, just talking about stuff, when someone decided to assault him with a replica firearm. 

What do we learn from that? Dave Chappelle, who if anything is probably kind of liberal – he’s hardly the biggest threat the regime faces. He’s just a guy who wants to tell jokes and tell the truth, and someone physically knocks him down. No one is trying to convince Dave Chappelle he’s wrong. They’re trying to hurt him so he shuts up.

That’s how they are. Get in their way and they sic their foot soldiers on you. That’s democracy.  


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