Quote · The Ben Shapiro Show
Ep. 2454 - Trump WIN: SCOTUS Says Send Them Home
Where this was said
SCOTUS 101: What the Court Is Actually Supposed to Do
At 11:55 · chapter starts 10:50
Shapiro pauses before the immigration case details to make what he considers a foundational point: the Supreme Court does not make good or bad policy, it reads the law. He traces the left's misunderstanding of this role back to the 1930s, when it began demanding that the Court act as a super-legislature of 'really smart people' who could rewrite policy. He argues what the left actually wants is a Court that validates left-wing actions and invalidates right-wing ones — a one-way ratchet. The practical implication is clear: if you don't like immigration policy, elect a different Congress or president. Attacking the Court for simply reading the law is, Shapiro says, both wrongheaded and dangerous for democratic institutions.
Both Supreme Court immigration decisions — on asylum metering and TPS terminations — were decided 6-3 along partisan lines, Republican appointees versus Democrat appointees.
The Supreme Court ruled 6-3 that migrants waiting in Mexico do not have the legal status of having 'arrived in the United States' and therefore cannot claim asylum rights. Justice Alito's opinion uses unforgettable everyday analogies: a running back at the one-yard line hasn't scored; a guest knocking on the door hasn't arrived.
The Supreme Court does not make policy — it interprets what the law says. Shapiro argues the left has wanted the Court to be a one-way ratchet for progressive policy since the 1930s, and attacks it as racist when it refuses to play that role. If you don't like the immigration outcome, elect a different Congress.
