Rush: We’re Living Through an Era of Judicial Supremacy

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We’re Living Through an Era of Judicial Supremacy

Jun 19, 2020



RUSH: I have some thoughts on that that I will share with you as the program unfolds today.

In addition to that, I have some thoughts on the Supreme Court ruling that happened that I want to get into and share with you today because it’s even worse than what my original instincts about it were yesterday, and I’ve come to this realization with the help of Daniel Horowitz at Conservative Review again. He basically has laid out what we’re up against.

What we are up against is not liberal judges and conservative judges and Republican presidents coming up with the right appointees. That’s not what’s going on. What’s going on is that we are living at a time in the so-called American experiment where the judicial branch believes it is supreme over the other two branches. We are having a direct problem with judicial supremacy, and you can see it in the ruling that came down on DACA.

You can see it in any number of rulings. But the way it’s manifesting itself… I didn’t say it that way yesterday or the day before, but this is exactly what I was trying to get at. We had a caller yesterday who tried to tell me, “You know, you are wrong. Trump just has to redo this damn executive order, and the court said just do it the right way and we’ll get you what you want.”

I said, “You really believe that?” That might be what they said! Trump is never gonna get the Supreme Court to rule in his favor on this, and the reason why is the purpose of this Supreme Court as to make sure that the Obama presidency is not unraveled. Much of the Obama presidency was enacted via Obama executive orders, because Obama could not get legislation passed to affect his agenda, to implement it.

He had a big thing in Obamacare, but, I mean, that didn’t even get a single Republican vote. Contrary to what everybody thinks, Obama was not that popular. But there’s another factor, and that factor is that Congress — and this has been the case for a number of years or maybe even decades. They’re perfectly fine with the Supreme Court being the final authority. It takes the pressure off of them. It takes the heat off of them.

It’s like Josh Hawley from Missouri said earlier this week, “We don’t do legislation in the Senate anymore. We don’t do legislation in the House anymore. The Supreme Court’s where laws are coming from. The judicial branch is where laws are being written. The Supreme Court is where laws are being decertified as unconstitutional,” and the legislative branch is perfectly happy with it.

They don’t have to do the heavy lifting. They don’t have to get into any area of controversy. They don’t have to take on anything that might damage reelection or fundraising. The court, as is a human nature characteristic, is happy to take on this new power. But we do have… We’re living in a moment where the Supreme Court — and the entire judiciary — think that they are supreme over the other two branches, and you can see it.

You can see it in the wording of the majority opinion that Roberts wrote on the DACA thing. But it boils down to, if you want to put politics in it — and you can’t keep the politics out of it. What it boils down to is, the practical result of all of this is that this Supreme Court is making sure the Obama administration is not unraveled by Donald Trump.

Trump wrote his own executive order to get rid of Obama’s executive order, and the Supreme Court said, “Well, yeah, no, Obama’s executive order survives. You can’t get rid of his executive order the way you did it. You gotta go back and do it again.”

Well, they may go back and do it again. I’m gonna tell you: The result’s gonna be the exact same. They’ll come up with another way of denying Trump what he wants to do, what he promised to do on DACA, because the objective is to make sure — for whatever reasons — the Obama presidency is not unraveled.

BREAK TRANSCRIPT

Let me give you Trump’s tweet on the Supreme Court ruling, ’cause I think all of this stuff dovetails. The president tweeted, and this was just this morning about 8:15: “The Supreme Court asked us to resubmit on DACA, nothing was lost or won. They [the court] ‘punted,’ much like in a football game …

“We will be submitting enhanced papers shortly in order to properly fulfil the Supreme Court’s ruling & request of yesterday. I have wanted to take care of DACA recipients better than the Do Nothing Democrats, but for two years they refused to negotiate,” the Democrats, Congress. “They have abandoned DACA. Based on the decision the Dems can’t make DACA citizens. They gained nothing!”

No, they gained everything.

They gained everything!

What the Democrats wanted is, “Supreme Court Tells Trump No,” and they got it. “Supreme Court Tells Trump to Go to Hell,” and they got it. “Supreme Court Tells Trump, ‘You Don’t Know What You’re Doing.'” “Supreme Court Tells Trump, ‘You Can’t Do it This Way. Go Back, Figure Out How to Do it Right Like Any Other Normal President Would, and Tell Us Again How You Want to Do it.”

However it is reported, the Democrats win big because it’s reported as, “Gosh, this guy Trump has no idea what he’s doing!” “Supreme Court Overrules Trump,” “Supreme Court Says ‘No’ to Trump,” and then you have the ancillary stories: “Most Conservative Court in History Tells Conservative President (Raspberry!)” They’re getting everything they want out of this. This essentially is, ladies and gentlemen, the court saying that Trump cannot get rid of anything Obama did unilaterally.

“If Obama did it with an executive order, sorry, Mr. President, you can’t get rid of it.” I don’t think anybody realizes this. I think… Here, let me grab sound bite number… I think it’s number 1 and 2. I don’t have it right in front of me. Shannon Bream had Lindsey Graham on last night, and she played him a clip from this program. The clip that they chose makes no sense here, but I have to play this to set up Graham’s response, so here’s sound bite number 1…

BREAM: I want to play something is from Rush Limbaugh, because he said that he thinks a lot of the establishment folks in Washington want to do whatever them to stop President Trump, and I don’t know if he’s including the Supreme Court, but here’s what he said today…

RUSH ARCHIVE: But the thing they want is what they’ve already got: “Supreme Court Says ‘No’ to Trump.” “Trump,” whatever the headlines are, they’re devastating — and it’s all personal.

RUSH: Now, when I read that when I got the sound bite roster, I said, “What the hell was I talking about?”

Shannon Bream… Shannon, don’t get mad at me here, but they cut that clip of me in such a way that I don’t even know what I was saying! I don’t know how you did. But I think it was a derivative of the point that I just made:

The Democrats and the media got exactly what they want.

“Supreme Court Says ‘No’ to Trump!”

“Supreme Court Overrules Trump!”

Well, Lindsey Graham was her guest, and she said to him, “A lot of people think that the headlines are overblown because they didn’t lose on the merits of the case, and it didn’t tell the Trump administration that they couldn’t actually do it. But if you saw the initial explosion in the media, the headlines were all, ‘This is a terrible day for the president.’ He even tweeted, you know, ‘Do you think Supreme Court doesn’t like me?'”

Here’s what Graham said…

But if you saw the initial explosion in the media, the headlines were all: This is a terrible day for the president. He even tweeted, you know, do you think the Supreme Court doesn’t like me? Here’s what Graham said.

GRAHAM: I understand the president being disappointed. I disagree with the court. But here’s what the court said. You can rescind the policy of Obama. You just have to do it differently than you chose to do it. It’s not if you can overturn the DACA program. It’s how you do it. It’s not if; it’s how. So the president, Trump, what can you do? You can issue a memo tomorrow declaring why you think the DACA program should be set aside, and I guarantee you you’ll win if you do it the way Roberts says.

RUSH: I just don’t think that’s the case, I’m sorry, because I don’t think Roberts intends to allow Trump a win anything. Not DACA, not immigration. I think it’s all about preserving the Obama presidency, for whatever reason, don’t even ask me why. Easy answer is, first African-American president. We know that Roberts made his health care bill constitutional when it wasn’t. So I don’t know if that still holds over.

I think, actually, what it is is there’s just a total hatred for Trump among the elites and glitterati in Washington, D.C. And the objective there is to deny Trump a victory on anything. And particularly now with the judicial branch exercising it’s own form of supremacy over the other two branches. And they’re letting them do it. There’s no pushback against the judicial branch.

In one of the last speeches he gave before he passed away, Justice Antonin Scalia said this. “Do you think the American people would ever have ratified the Constitution if they had been told the meaning of this document shall be whatever a majority of the Supreme Court says it is?” His point was it would have never been ratified and that that wasn’t ratified. The Supreme Court was not established as the final authority on what the meaning of the Constitution is. The Supreme Court has assumed that role for itself in a case called Marbury v. Madison.

The Supreme Court in that era determined they’re gonna decide what’s constitutional or not. And over the years, Congress has happily let it happen ’cause it takes a bunch of heavy lifting away from them. And so the left then said, “Okay. That’s the way it’s gonna be. We’re gonna populate the judiciary with as many Democrat judges as we can. We’re gonna put people out there that are gonna write the law from the bench, interpret the law the way we want it.” And that’s what they’ve done.

Anyway, a brief break. We’ll come back, get started on some phones, and then I want to share with you a couple of really good excerpts from the piece today by Daniel Horowitz at Conservative Review.