STEVE DOOCY (CO-HOST): Obviously everybody feels this is some sort of activist inside the court trying to get the justices to change their mind. Will this change any minds or will this just harden their belief that Roe v. Wade should be overturned? They are going to dig in on this.
MARK LEVIN (FOX HOST): I don't think it's going to change any justices' minds, but I want to talk about this in a broader context. When you attack America's institutions day in and day out with critical race theory, when you threaten the Supreme Court of the United States as Chuck Schumer threatened two justices several years ago for which he never paid a penalty, when you keep talking about packing the Supreme Court in order to get the results that you want, when you keep denigrating these institutions – these American institutions – from the founding to our monuments, to our history, to these different branches of government, when you keep trespassing on separation of powers, this is what you get.
When you use an unnamed so-called whistleblower to try and take out a president of the United States, and you impeach him twice really with no basis whatsoever, and when you trigger the investigation of a president with a special counsel, in violation of the Department of Justice regulations, with no predicate whatsoever, when you conduct yourself in an utterly lawless way, attacking the institutions of this country, attacking the founding documents of this country, attacking the history of this country, this is what you get. Lawlessness, it's just a matter of time.
All these institutions are gonna collapse. This is a grave assault on the Supreme Court.
When I was in law school, I was actually an intern to Chief Justice Warren Burger. I saw how it operated. And I can tell you this institution takes its confidentiality seriously why? That's the coin of the realm.
They've gotta to be able to talk about ideas freely. They gotta be able to discuss this without political pressure. Why do people think these are lifetime appointments? And of course, the Democrat party is destroying this country.
Look at the confirmation process. It started with Bork. The Democrats targeted him under Kennedy and Biden, and it moves on to others – including Clarence Thomas, including Kavanaugh. Republicans don't treat nominees this way. They may object to them. When you say the Supreme Court doesn't look like America, you're undermining the credibility of the court.
And so this is a war on our system of government, you see immediately Bernie Sanders – who really hates this country as far as I'm concerned. Does he ever say anything good about the country?
BRIAN KILMEADE (CO-HOST): Never.
LEVIN: When you see Bernie Sanders a tweet or a statement saying, now basically onto the Senate, we have to get rid of the filibuster rule. So they want to take out two institutions with one stone. When you see that press release that Schumer and Pelosi put out, they rail out there trying to politicize their base, trying to rev up the voters for November, these are disgusting people who are not statesman who put their party before their country.
We've become the United States of the Democrat party, not the United States of America. So this person who's leaked it's very interesting. I was talking to my wife about this last night. This person who leaked will be considered an iconic civil rights-type person, whether this person's lawyer loses their bar degree or not, their law degree, they will make a fortune writing books. They will make a fortune going on different circuits, talk circuits, maybe they'll even be focused on by CBS Sunday Morning with the birds in the background and the flowers in the front round.
It just – what's happening to this country is the degradation of our belief systems and our institutions from within. And if you're pushing things like critical race theory, You have no respect to this country.
As a matter of fact, these kinds of leaks are necessary. If you believe that this country was founded in malice. that this country is evil, then you'll do anything to take it down. And we've now reached a point with the ends do justify the means. So whomever this leak is – by the way, here it is, here's the document. It's everywhere. And what I notice says, where's the minority opinion?
DOOCY: Yeah, right.
LEVIN: I mean, is – I don't – I don't see it. I guess that wasn't circulated. Other opinions, other notes, they're not circulated, just what apparently Alito is alleged to have written.
By the way, it's a damn good draft as a matter of fact, and on the substance. We have headlines saying this Supreme Court is going to eliminate abortions rights. Ladies and gentlemen, even if this opinion winds up being essentially the final opinion and you want an abortion, you'll get an abortion. It'll be paid for by the federal government. Maybe you'll have to go to one of thirty or forty or forty-five states. I'm sure people will consider that in inconvenience. But the idea that people cannot get an abortion – abortion is not eliminated. Abortion is still going to be funded by the federal government. We have one of the most extreme processes, extreme in terms of so called liberal processes for getting abortion on the face of the earth even with this decision.
The Roe v. Wade decision was a bogus decision. It was a political op-ed piece for The New York Times or the Washington Post. It has no basis in the Constitution or law. This is why they fight like hell to get justices on there who will uphold. If it was that – you don't need justices on the court; they don't fight over Plessy v. Ferguson. The Brown v. Board of Education, which reversed Plessy v. Ferguson, and they don't ask people about that because everybody knows that's settled law under our Constitution. The corrupt decision was Plessy, not Brown. But, Roe v Wade is a corrupt – corruption of the Supreme court. This is why we have unalienable rights and the majority should never rule in all cases.