Stephen Colbert, like many other late night talk hosts, talked a lot about the impending end of abortion rights in America during his monologue on Tuesday’s episode of “The Late Show.” And while something so stressful can’t really be called “funny,” one amusing moment came when Colbert showed off a super cut of all the times members of the bloc of right wing Supreme Court justices basically lied to congress about whether they would vote to overturn Roe v. Wade.
So obviously by now you know the news that a leaked opinion draft written by SCOTUS Justice Samuel Alito proves that the right wing majority on the court — all but one of whom were appointed by presidents who lost the popular vote and only became president thanks to the electoral college — are voting to overturn Roe v. Wade, a decision likely to drop within the next month.
But on “The Late Show,” Colbert noted that 4 of the 5 justices in question seemed to have gone out of their way to misrepresent their views when they were being confirmed.
“This draft decision is scathing, at one point Alito writes ‘Roe was egregiously wrong from the start.’ Now I’m not a lawyer, I can’t tell you if Roe was rightly decided. But I can tell you that it’s an important precedent that has been repeatedly reaffirmed. And that’s not my opinion. It’s the opinion of these clowns,” Colbert said.
Then he jumped to the supercut from the Senate confirmation hearings of Justice Samuel Alito (appointed by George W. Bush, who lost the popular vote in the 2000 election), and Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett (all appointed by Donald Trump, who lost the popular vote by 3 million in 2016).
We’ll quote them exactly:
Alito: “Roe v. Wade is an important precedent of the Supreme Court.”
Barrett: “Roe v. Wade clearly held that the constitution protected a woman’s right to terminate a pregnancy.”
Gorsuch: “The Supreme Court of the United States has held in Roe v. Wade that a fetus is not a person for the purposes of the 14th amendment. That’s the law of the land, I accept the law of the land.”
Kavanaugh: “It’s settled as a precedent of the Supreme Court.”
“Wait a second,” Colbert said after the clips ended, “so Kavanaugh was talking out of his ass? That cannot be easy with all that beer he boofed,” which was a record to one of the other many lies Kavanaugh told during his confirmation hearings.
“So if these folks believe that Roe v. Wade was so ‘egregiously’ decided, why didn’t they tell the senators that during their confirmation hearings?” Colbert asked. “Well, because American voters support abortion in all or most cases at 80%.” This is true by the way, and has consistently been so for decades.
“They knew, that if they were honest, they wouldn’t get the job. So they lied, which I think is perjury. But what do I know? I’m no Supreme Court justice, I’m not a good enough liar,” Colbert added.
Watch the whole monologue above. The stuff we focused on in this post starts about 4 minutes, 20 seconds in.