Podcast Summary: The Charlie Kirk Show
Episode: How to Confirm a Supreme Court Justice with Mike Davis
Host: Charlie Kirk
Guest: Mike Davis (Head of Article 3 Project)
Date: October 2, 2020
Episode Overview
In this episode, Charlie Kirk is joined by Mike Davis, head of the Article 3 Project, to discuss the process and significance of confirming Judge Amy Coney Barrett to the U.S. Supreme Court. Drawing upon Davis's extensive experience in previous Supreme Court nomination battles, including those of Justices Gorsuch and Kavanaugh, the conversation goes deep into judicial philosophy, the mechanics of Senate confirmation, and the political and cultural battles surrounding Supreme Court nominees. The episode is decidedly conservative in tone, highlighting the urgency and stakes of this Supreme Court appointment.
Key Discussion Points & Insights
1. Mike Davis’s Background and the Nastiness of Supreme Court Fights
- Davis’s Experience: Worked on four Republican Supreme Court confirmation fights, including as a top advisor for Gorsuch and staff leader for Kavanaugh.
- Escalating Hostility: Davis suggests Barrett’s confirmation will be even more contentious than Kavanaugh’s.
- Quote:
“If you thought that Justice Kavanaugh's confirmation fight was ugly, just wait till this one. It's going to make Justice Kavanaugh's look like a walk in the park.” (02:57, Mike Davis)
2. Attacks on Amy Coney Barrett and Her Family
- Discussion of Rhetoric: The hosts describe attacks from left-wing figures, notably accusations related to Barrett’s adoption of Haitian children.
- Highlight:
- Quote:
“Dr. Ibram X Kendi said that Amy Coney Barrett and her family are white colonizers for adopting Haitian children.” (03:23, Charlie Kirk)
3. Barrett's Judicial Philosophy: Originalism and Textualism
- Central Qualities:
- Notre Dame Law graduate, number one in her class
- Clerked for Antonin Scalia
- Professor at Notre Dame for 18 years
- Committed to textualism (interpreting law by original text) and originalism (by original public meaning)
- Widely respected across ideological lines
- Philosophy Explained:
- Judging is about interpreting, not rewriting law; strict separation of powers is vital to protect liberty from “mob rule” or governmental overreach.
- Quote:
“She is a top scholar, a leading professor, very well liked and respected. And she is no doubt a conservative jurist who understands that a judge's modest but critical role is to follow the law, not rewrite the law.” (05:33, Mike Davis)
4. Contrast with ‘Activist’ Judicial Philosophies
- Distinction Drawn:
- Conservative/originalist judges vs. liberal/activist judges
- Cites examples of alleged judicial overreach by Democratic appointees
- On Dangers of Judicial Overreach:
- Quote:
“It is so dangerous when you give judges too much power because if judges have this power they can take away your rights.” (09:39, Mike Davis)
5. Why Constitutionalism Matters
- Protection of Minority Rights: The judiciary’s role is to safeguard dissenting opinions and minority rights.
- Governing by Persuasion vs. Force:
- Quote:
“There are two ways to govern human beings, the first of which is by persuasion, speaking and talking. The second of which is by force.” (11:15, Charlie Kirk paraphrasing Dr. Larry Arne)
6. Shift in American Judiciary
- Court’s Political Alignment:
- Discussion of how court has shifted toward originalist majority despite broader cultural liberalization.
- Trump’s Influence:
- Trump’s appointments have transformed circuit courts and Supreme Court, flipping several circuits to “Republican appointed” majorities.
- Quote:
“President Trump has delivered on his promise to the American people that he would transform the federal judiciary with constitutionalist, originalist, textualist judges in the mold of Justice Scalia.” (13:30, Mike Davis)
7. The Nomination & Confirmation Process Detailed
- Constitutional Mechanics:
- President nominates; Senate provides “advice and consent”
- Nominee undergoes intense vetting, including questionnaires, meetings, hearings, and answering written questions
- Hearing Prep:
- Barrett is preparing for hearings on October 12-15, reviewing academic and judicial records, bracing for attacks (especially regarding her Catholic faith)
- Quote:
“They’re going to question her about her Catholic faith like they did last time during her 7th Circuit hearing, which is just utterly preposterous... it is a violation of Article 6 of the US Constitution.” (21:31, Mike Davis)
- Question Deluge:
- Kavanaugh received 1,287 written questions post-hearing (a record); Barrett can expect similar treatment.
- Quote:
“Justice Kavanaugh. He got after his hearing... 1,287 written questions for the record after his hearing. This is more than every Supreme Court nominee before him combined.” (22:39, Mike Davis)
8. Political Tactics & Procedural Obstacles
- Obstruction & Court Packing:
- Davis warns Democrats may try to delay the process, hoping to win the election and possibly pack the Supreme Court.
- Quote:
“Democrats have been advocating for packing the Supreme Court long before this nomination. It is in their 2020 Democrat platform.” (28:31, Mike Davis)
- Reference to the late Justice Ginsburg's opposition to expanding the Court.
9. Defense of the Process and Article 3 Project’s Role
- The Article 3 Project mobilizes a team for communications, legal strategy, rapid response, and positive advocacy for Barrett.
- Quote:
“We have a team of 21 of us right now...making the positive case for Judge Barrett as she goes through this process. We're going on Fox News, we're coming on Charlie Kirk show... We're defending Judge Barrett against the attacks.” (26:21, Mike Davis)
Notable Quotes & Memorable Moments
-
On the scale of the confirmation fight:
“If you thought that Justice Kavanaugh's confirmation fight was ugly, just wait till this one. It's going to make Justice Kavanaugh's look like a walk in the park.”
(03:00, Mike Davis)
-
On judicial philosophy:
“A judge's modest but critical role is to follow the law, not rewrite the law.... She understands that federal judges are the last line of defense that protects all Americans from mob rule and government overrule.”
(05:33, Mike Davis)
-
On the danger of activist judges:
“It is so dangerous when you give judges too much power because if judges have this power, they can take away your rights...”
(09:39, Mike Davis)
-
On Senate questioning about Barrett's religion:
“They're going to question her about her Catholic faith... it is a violation of Article 6 of the US Constitution...”
(21:31, Mike Davis)
-
On the stakes for the country:
“If Joe Biden and Kamala Harris pack the Supreme Court with left wing radicals, they're going to come after you. They're going to come after your right to speak on campus and elsewhere. They're going to come after your right to worship. They're going to come after your right to own guns. They're going to come after all of your rights are going to come after you.”
(28:46, Mike Davis, paraphrasing consequences of court packing)
Important Timestamps
- 02:09 — Mike Davis introduces his background in Supreme Court fights
- 03:00 — Prediction of Barrett confirmation being more aggressive than Kavanaugh’s
- 04:00 — Amy Coney Barrett’s academic and professional background
- 05:33 — What makes Barrett a standout nominee
- 06:43 – 10:00 — Conversation about constitutionalism, separation of powers, and judicial restraint
- 12:58 – 16:32 — Trump’s reshaping of the courts, circuit court changes, and what's at stake
- 18:07 — Breakdown of the "advise and consent" process and behind-the-scenes prep
- 21:31 — Discussion of anti-Catholic bigotry in confirmation hearings
- 22:39 — The volume and strategy of post-hearing Senate questioning
- 26:21 — Article 3 Project’s strategy for supporting Barrett
- 28:31 — The threat of court packing
- 29:34 — Final calls to action and thank-you’s
Flow, Tone, and Takeaways
The conversation is high-energy, candid, and unapologetically conservative, focusing on the threat posed by judicial activism and the crucial role of an originalist Supreme Court. The stakes are repeatedly emphasized—not just for the courts, but for the future of American freedoms as the right sees them. The episode details the strategy, process, and political combat expected and underway, with Davis providing granular insight and repeated calls for activism and vigilance.
Listeners gain:
- A behind-the-scenes understanding of how Supreme Court confirmations work
- Clear articulation of the originalist judicial philosophy and why it matters to conservatives
- The strategic and cultural significance of judicial appointments in the broader “culture war” context
Additional Resources
This summary captures the essence and detailed arguments of the episode, providing a comprehensive guide for listeners and non-listeners alike.