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A
And then Dianne Feinstein has that clip where she says the dogma lives loudly within you goes very viral. A lot of people are very much going to her defense. And it was almost just, it was baked in at that point practically, that if we lose rbg, if Bader Ginsburg leaves, this would be who Trump would replace. I think even Trump himself signaled that would be the case. And I guess it's just a good warning. You have to be careful about these things, because even if you took the position we need to have a woman to replace rbg, there actually were other options out there who had a longer track record on immigration, on citizenship type questions that showed they were good on that. And we just have to, we have to have new, we have to have new litmus tests for judges going forward that we're sure that new people are going to pass. And that's just part of the, part of the ordeal of politics, so to speak. We had 50 years of overturn row litmus tests. We need new ones in place asap.
B
So this, this brings us to the next question, though. NPR publishes this, I guess, erroneous report that Samuel Alito, who he and Clarence Thomas are the standard bearers, if you're conservative on the court, don't want to lose him. But they're both in their mid to late 70s. They're getting older. So NPR says he's retiring. Then they retract it. Npr, you got the image here, retracts the story. Right. There you go. And, but this kind of signals, like there's something in the ether. Is this, are we, what are you hearing, Mike Davis, about Alito's future, Clarence Thomas future, and what work is being done now to make sure that the replacements are in their mold?
C
Well, look, either of them are irreplaceable. I love both of them. Justice Thomas is our greatest justice of all time. He has told me he's going out feet first. And I have told him make sure that he dies during a Republican president and a Republican Senate. And to which he laughs with his loud laugh. But Justice Alito, look, he's Italian. I went to an Italian Catholic school. Italians invaded my Irish family. They live to be like 200. This guy's in good health. I have, I have no concerns about Alito's health. I don't want Alito to leave because we need adult supervision at the Supreme Court. We need nine, just nine Alito, we need nine Thomases, and they just don't exist. And so we need to. Look, I have come up with a long list of justices. Many of them are great, but no one is going to be as great as Justice Thomas or Justice Alito ever.
B
Well, it's depressing. I know that a ton of energy has gone into this in certain circles to make sure. I mean, what are the precedents for justices sort of hand pick, I know this has happened before where they sort of hand pick their successor. If you had to throw out three or four names of people that we should, that people in this audience should look for and look out for in the future, who would you name?
C
Let me just say this just to give a broader perspective. We have this whole idea of textualism and originalism. Textualism got us to 14th amendment constitutionalized birthright citizenship with, with Amy Coney Barrett. So I, I think this whole textualism, originalism thing, we need to rethink. We need to we need nine Alitos, we need nine Clarence Thomases. And so there look, I have a long list of 26 potential nominees to the Supreme Court that I have shared with the president and his top people. But you know, the people who I think would be great are people like John Sauer, who's the Solicitor General of the United States, or Judge Eileen Cannon down in Florida, or Judge Amo Bove, who just got put on the Third Circuit. There are many. But people like that who are bold and fearless and are not going to worry about what Nina Totenberg at NPR thinks about them.
B
Mike Davis, Article 3 Project thank you, my friend. We'll see see you soon.
C
Thank you. For more on many of these stories
A
and news you can Trust, go to charliekirk.com.
Date: June 30, 2026
Host: Charlie Kirk
Guest: Mike Davis (Founder of Article 3 Project)
This episode centers on the future of the Supreme Court, especially in the context of succession planning, judicial philosophies, and the need for new conservative litmus tests for judicial appointments. Charlie Kirk and Mike Davis discuss recent controversies regarding potential retirements of key conservative justices, the legacy and irreplaceability of Justices Clarence Thomas and Samuel Alito, and reflections on lessons learned following the nomination of Amy Coney Barrett. The conversation is urgent and unapologetically conservative, with emphasis on challenging prevailing wisdom regarding judicial philosophy and shaping the future of the judiciary.
Mike Davis on Justice Thomas:
“Justice Thomas is our greatest justice of all time. He has told me he’s going out feet first.” (01:43)
Mike Davis on judicial philosophy:
“Textualism got us to 14th amendment constitutionalized birthright citizenship with Amy Coney Barrett… We need to rethink.” (02:58)
Mike Davis on new judicial litmus tests:
“We had 50 years of overturn Roe litmus tests; we need new ones in place ASAP.” (00:53)
The episode is a candid call to action for conservatives to evolve their approach to judicial nominations—emphasizing the urgency of planning, the need to think beyond established philosophies, and the importance of securing a Supreme Court that steadfastly supports conservative values on citizenship, immigration, and more.
The tone is assertive and imbued with a sense of mission regarding the future of the Supreme Court and, by extension, American jurisprudence.