The Rubin Report: Legal Expert Explains If Trump or the Courts Are Right | Josh Hammer
Release Date: March 21, 2025

Introduction

In this episode of The Rubin Report, host Dave Rubin welcomes Josh Hammer, a distinguished legal expert, senior editor at large at Newsweek, and author of the newly released book, Israel and Civilization: The Fate of the Jewish Nation and the Destiny of the West. The conversation delves deep into contemporary legal battles, the intricate relationship between Israel and Western civilization, and the broader civilizational struggles currently facing the West.

Legal Crisis Surrounding Trump's Deportations

Timestamp: 01:04 – 07:11

The discussion begins with the contentious issue of former President Donald Trump's immigration policies, specifically the deportations and the subsequent legal challenges they face. Josh Hammer articulates that the current situation represents a "legal crisis," but distinguishes it from the "constitutional crisis" feared by Trump’s opponents.

Hammer explains that lower court decisions are attempting to halt entire government programs through temporary restraining orders or nationwide injunctions. He clarifies that, according to the Constitution, judicial power is limited to binding the litigants involved in a specific suit, not to overriding entire government operations. Referencing Marbury v. Madison and historical precedents like Abraham Lincoln’s defiance of the Dred Scott decision, Hammer emphasizes that the judiciary cannot unilaterally halt government functions.

Notable Quote:

"The judicial power is a judge issues a judgment that binds the litigants to the suit. Beyond that, no one is actually strictly bound." — Josh Hammer [03:54]

Hammer expresses skepticism about the judiciary's current stance and speculates that the Supreme Court will eventually rule against lower court injunctions to restore effective governance.

The Role of Israel in Western Civilization

Timestamp: 12:06 – 29:37

Shifting focus, Josh Hammer elaborates on his book's central thesis: the pivotal role of Israel and the Jewish nation in shaping and sustaining Western civilization. Hammer argues that Western civilization is deeply rooted in Judeo-Christian values, starting with the Bible's influence rather than solely Greek and Roman heritage. He highlights historical connections, such as the Liberty Bell's inscription from Leviticus and the Mayflower Pilgrims' brief consideration of adopting Hebrew.

He posits that Israel serves as a geopolitical outpost that embodies the nation-state model, contrasting it with imperial models like the Roman Empire. This positioning makes Israel a strategic ally for the West in combating broader threats to Western civilization.

Notable Quote:

"The Jewish state of Israel is kind of just the geopolitical outpost of this same dynamic there." — Josh Hammer [14:37]

Hammer underscores the shared interests between the U.S. and Israel, citing Israel's successful operations against long-standing threats, such as the elimination of key figures responsible for the 1983 Beirut barracks bombings. He advocates for a "MAGA America First realist case" for U.S.-Israel relations, emphasizing strategic partnerships over historical neoconservatism.

Civilizational Battle: Wokeism, Islamism, and Global Neoliberalism

Timestamp: 19:27 – 36:32

Hammer identifies three primary antagonistic forces challenging Western civilization:

1. Wokeism: He critiques the Diversity, Equity, and Inclusion (DEI) initiatives, labeling them as forms of modern antisemitism and neo-Nietzschean nihilism. Hammer associates the rise of hyper-masculinity movements, exemplified by figures like Andrew Tate, with a backlash against perceived anti-male narratives promoted by woke ideology.

2. Islamism: Hammer discusses the threats posed by Islamic fundamentalism, referencing recent violent attacks and terrorist activities within Western borders. He highlights the need for strong defensive measures to counteract groups like Hamas and Hezbollah, emphasizing that their clear anti-Jewish and anti-Christian agendas make them explicit enemies of the West.

   Notable Quote:

   "Their goal was always the Sunday people." — Josh Hammer [24:20]

3. Global Neoliberalism: Described as the "homogenizing imperative," Hammer criticizes the push towards eradicating cultural and national distinctions, aiming for a uniform global culture. He fears that such policies undermine the nation-state system, leading to the dissolution of distinct Western identities.

Hammer warns that without a concerted effort to oppose these forces, Western societies risk losing their foundational values and structures. He stresses the importance of affirmatively standing for Judeo-Christian principles to resist the encroachment of these antagonistic ideologies.

The Future of the West and the Role of Leadership

Timestamp: 31:38 – 50:05

The conversation transitions to the future trajectory of Western nations. Hammer expresses profound concern over Europe's stability, attributing it to failed experiments in globalism, economic mismanagement, and cultural homogenization. He foresees potential fragmentation of the European Union, with nations like France and Germany possibly losing their distinct identities.

Conversely, Hammer holds an optimistic view of America's resilience, attributing it to foundational freedoms such as the First and Second Amendments, and the cultural melting pot that values liberty and revolution. He praises Donald Trump's leadership style, particularly his proactive executive orders that address cultural and immigration issues decisively.

Hammer highlights the importance of strong, value-driven leadership in navigating the civilizational battle. He advocates for a clear vision based on biblical and Christian morals to counteract the moral relativism promoted by liberal ideologies.

Notable Quote:

"America still remains the bastion of Western civilization. We are the indispensable cog there." — Josh Hammer [50:05]

Conclusion and Book Promotion

In the concluding segments, Hammer discusses the immediate challenges facing Israel in its existential war, emphasizing the necessity of eliminating Hamas to ensure long-term stability. He stresses that Israel’s success in these endeavors serves as a model for Western nations in combating existential threats.

Hammer expresses cautious optimism about the future, believing that the intrinsic goodness of Americans and their capacity to stand for truth and righteousness will sustain Western civilization. He acknowledges ongoing challenges, such as ensuring happiness and meaning in Western societies, but remains hopeful that collective efforts will prevail.

The episode wraps up with Hammer promoting his newly released book, Israel and Civilization, noting its immediate popularity and availability across major retailers like Amazon and Barnes & Noble.

Notable Quote:

"The future is actually overall in large, largely decent hands from what I can tell there." — Josh Hammer [50:05]

Key Takeaways

• Legal Boundaries: The judiciary's attempts to halt executive actions through injunctions are limited by constitutional constraints, primarily binding only the parties involved in specific cases.

• Israel's Strategic Role: Israel is portrayed as a crucial ally in maintaining and defending Western civilization, embodying the nation-state model against imperialistic threats.

• Civilizational Threats: The West faces significant challenges from wokeism, Islamism, and global neoliberalism, which threaten to erode foundational Judeo-Christian values and national identities.

• Leadership and Vision: Strong, value-driven leadership rooted in biblical and Christian morals is essential for the West to navigate and overcome current existential threats.

• Optimism for the West: Despite formidable challenges, there is a cautious optimism that Western civilization will persevere through internal and external adversities, bolstered by resilient leadership and shared values.

Notable Quotes with Timestamps

• Josh Hammer [03:54]: "The judicial power is a judge issues a judgment that binds the litigants to the suit. Beyond that, no one is actually strictly bound."

• Josh Hammer [14:37]: "The Jewish state of Israel is kind of just the geopolitical outpost of this same dynamic there."

• Josh Hammer [24:20]: "Their goal was always the Sunday people."

• Josh Hammer [50:05]: "America still remains the bastion of Western civilization. We are the indispensable cog there."

Final Thoughts

This episode of The Rubin Report presents a nuanced analysis of the intersections between legal frameworks, geopolitical alliances, and civilizational integrity. Josh Hammer provides a compelling argument for the indispensable role of Israel in sustaining Western civilization and highlights the urgent need for the West to confront and counteract rising ideological threats. Through strategic legal understanding and unwavering support for foundational values, the conversation outlines a path forward for preserving the legacy and future of the Western world.