Justice Sotomayor Proves That She Is Not Wise | Ep. 1408

Constitutionality

Ben Shapiro critiques the constitutional arguments surrounding COVID-19 vaccine mandates, highlighting the divide between conservative and liberal justices. He argues that conservative justices prioritize constitutional principles like federalism and the major questions doctrine, while liberal justices, including Sonia Sotomayor, prioritize policy preferences over constitutional constraints 1. Shapiro criticizes Sotomayor's understanding of the Constitution, suggesting that her approach is influenced by racial essentialism and lacks rational basis 2.

The basic notion of constitutional law is that the constitution is available to reason for any human being and that you do not bring your personal life experiences to bear on the constitution.

--- Ben Shapiro

He further argues that the vaccine mandate debate is more about politics than constitutional law, with the left viewing government power as unlimited in emergencies 3.

   

Judicial Views

In discussing judicial opinions on COVID-19 mandates, Shapiro contrasts the approaches of liberal and conservative justices. He points out that conservative justices, like Samuel Alito, question the precedent and limits of OSHA's authority, while liberal justices, such as Elena Kagan, focus on policy effectiveness 4. Shapiro criticizes Sotomayor for spreading misinformation about COVID-19 statistics, arguing that her statements lack factual basis and constitutional understanding 5.

The audio was available online to listen to, and it was just insane.

--- Ben Shapiro

He emphasizes that for the left, the Supreme Court is a tool for policy, whereas the right views it as a guardian of constitutional principles 1.