RUSH: I just got something, an e-mail -- a fundraising e-mail -- from the National Republican Fundraising Committee. And it kind of dovetails. You've probably heard some conservative commentators marveling at Roberts. He either saved the court from this charge of activism or whatever. I'm here to tell you that the reason, in these particular pieces, that you have seen people praising Justice Roberts is very simple and very narrow. It's for one reason. He came up with something they didn't think of.
And who would have?
You've got the US Congress passing a health care bill that is based on the Commerce Clause being stretched to now say that the government can mandate that we buy or not buy something. That is how this case was presented. It is how this case was argued. It is how this case was presented to the American public. It is how everybody thought this case was going to be decided. So all the pundits started predicting their outcomes. "Oh, yeah, it's gonna go 6-3 with Roberts and Kennedy writing for the majority. Roberts will see what Kennedy does and he'll go that way to make sure the court's reputation is protected."
"No, it's gonna go down 5-4! The mandate is gonna be scrapped."
There was every prediction under the sun, and nobody predicted this. Nobody predicted this. And so all of the so-called smart people inside the Beltway are in awe and they're oohing and ahing. "Oh my God, what a smart guy! We didn’t think of this. He came up with the one thing that nobody thought of." Well, why didn't anybody think of it? Because we are not lawless! If there are no limits on the law, then we could have conjured up any possible outcome. But most of us were constrained by what is law, by what is proper. What's right and what's wrong.
Nobody conceived that the court would rewrite the bill. So when the court rewrote the bill, some people on our side marvel at how brilliant and smart he is. "Why, he outsmarted us! Why, that's the one thing we didn't think of." Well, why didn't you think of it? You didn't think of it because you were thinking within the bounds of the law! You weren't thinking that the court was gonna perpetrate a fraud. You weren't thinking that. We know Congress tried to perpetrate a fraud by stretching the Commerce Clause to include the ability for the government to require us to buy things.
But this was made up!
This was made up out of whole cloth.
Now, if in predicting what the court was going to do, we could have been permitted or allowed to conjure up any possibility like the law doesn't matter? Well, maybe somebody would have predicted this. So I've got this fundraising letter here from the NRCC (the National Republican Congressional Committee): "Friend, Chief Justice John Roberts wrote yesterday, 'It's not our job to protect the people from the consequences of their political choices.' He's right. You may disagree with his decision to uphold Obamacare, but his point still stands. It's up to us to get rid of Obamacare by defeating Obama and the House Democrats. So what are you going to do?"
And they ask for three bucks.
"It's not our job to protect the people from the consequences of their political choices"? We didn't make this choice! We were the victims of a fraud! It is entirely the job of the United States Supreme Court to determine whether or not a piece of legislation is constitutional. They have decided 169 times that pieces of legislation were unconstitutional. They don't do it all the time, but they do it plenty of times. We weren't asking to be protected from the "consequences" of our choices. We were asking for the Constitution to be upheld!
We were asking for the Constitution to be defended. I don't believe it. To go so far as to raise money off of this by saying (summarized), "Well, yeah, you may disagree with the decision, but his point still stands. It's not the court's job to protect the people from the consequences of their political choices." I don't want to relive how this whole bill came to be, but this bill did not happen under the normal procedures within the law of how legislation is enacted, how it is debated, how it is voted on. There was nothing that was proper about this from the get-go.
We were asking the Constitution to be upheld.
We were asking for the Constitution to be defended and protected.
That is their job!
RUSH: I can't get over this. The National Republican Congressional Committee, the people reelecting House members, they see this as a fundraising opportunity, which I understand it is, but for crying out loud. Here's this e-mail again: "Friend, Chief Justice John Roberts wrote yesterday, 'It's not our job to protect the people from the consequences of their political choices.' He's right. You may disagree with his decision to uphold Obamacare, but his point still stands." It's now up to us. Send us three bucks. Not our job to protect the people from the consequences of their political choices.
Well, excuse me, Mr. National Republican Congressional Committee, but nobody voted to raise taxes. There were no political choices expressed in this end result. Even the democrats who rammed this bill through in the dead of night claimed it wasn't a tax. Every poll under the sun shows that the people do not want Obamacare. In fact, some polls show people opposed to it by a margin of 3 to 1. What is this, protect the people from the consequences of their political choices? We need to be protected from the Supreme Court. There's nowhere to go now. I'm stunned, to look at this as a fundraising opportunity? Look, I know it's a fundraising opportunity. Mitt Romney got $4 million, didn't have to ask for it.
It's not the job of the court to protect the people from the consequences of their political choices? Really? So anything a Congress passes in any way that they pass it, the court's gonna uphold? No matter what it is? Because it's not their job to determine whether or not it's American? Which is, to me, what constitutional is. Everybody is just laissez-faire here, it's hands off. Oh, and by the way, if the way our elected officials wrote it doesn't work, guess what? You people, whose political choices I'm talking about, guess what, I'm going to write something that none of you ever anticipated, that nobody ever made as a choice, and I'm gonna make it the law of the land. What defense do we have?
We're now supposed to go back, throw a bunch of Democrats out of office, hope and pray the Republicans we put into office then have the guts to do the right thing. And if they do, and the whole thing ends up back at the Supreme Court someday, we know all bets are off, because nothing matters anymore. There is no standard. There is no firewall. There's no backstop. There is no alarm. There is no 911. There's nowhere to go.