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RUSH: We\u2019ve gotta get some phone calls here. We\u2019ll start out on Long Island with George. Great to have you on the program, George. Hi.<\/p>\n
CALLER: Hi. (silence)<\/p>\n
RUSH: Yeah. Hi, George, we\u2019re on the air.<\/p>\n
CALLER: Yeah, hello. Can you hear me?<\/p>\n
RUSH: I hear you fine. Otherwise I couldn\u2019t answer your questions.<\/p>\n
CALLER: Oh, okay. I called to ask why, if the president thinks that the Supreme Court can\u2019t overturn a law because it was passed by a democratically elected Congress, then how can the president veto it?<\/p>\n
He\u2019s trying to ladle guilt on these people by telling them what all they\u2019re gonna be taking away from people if they find his law unconstitutional, all these people that have health insurance now who didn\u2019t, and all these people who now have insurance with preexisting conditions who didn\u2019t, and, “Look what you\u2019re about to do.” So he\u2019s warning them: “I think the justices should understand what I expect out of them.” That\u2019s what he\u2019s saying. He\u2019s lobbying. You see he\u2019s clearly trying to intimidate them. There\u2019s no question. Not threaten. I\u2019m not saying the word “threaten,” but here\u2019s clearly trying to intimidate them. And he is lobbying them at the same time. Now, he can veto legislation \u2019cause he was elected. It\u2019s in the Constitution. It\u2019s not a problem. George, thanks.<\/p>\n
Michael in Northridge, California. Hi. Great to have you on the program, sir.<\/p>\n
CALLER: Thanks, Rush. I believe that for a number of reasons that we\u2019ve discussed — you\u2019ve discussed, we\u2019ve read, watched on TV and so forth — Obama and the rest know the Supreme Court\u2019s gonna overrule. I heard that faux pas too. That was more Freudian than it was faux pas. They\u2019re gonna strike the mandate and more Obamacare down. I just think that what he\u2019s trying to do is position himself for why he needs to be elected, “Whether or not you like Obamacare, you gotta vote for me, m\u2019okay? So I can put a liberal justice if and when the opportunity comes up in the next four years. So I\u2019m there to put a liberal justice on the Supreme Court. We don\u2019t want to have happen again what happened during Obamacare.”<\/p>\n
RUSH: Well, that\u2019s fine. There\u2019s nothing really wrong with that. The idea of judicial appointments is a huge campaign point that people of both parties make. But you\u2019re right. It was a Freudian slip, even though Freud would say there are no Freudian slips.<\/p>\n
CALLER: (chuckling) By the way, Rush, it wasn\u2019t the Ninth Circuit judges that we elected. We elected Gray Davis, who decided not to appeal 187, just like Jerry Brown and before him Schwarzenegger, who won\u2019t even defend Prop 8.<\/p>\n
RUSH: Exactly right.<\/p>\n
CALLER: So we voted for a governor, two times, who decided against the people\u2019s will —<\/p>\n
RUSH: Exactly right.<\/p>\n
CALLER: — not to even show up in court.<\/p>\n
RUSH: Now, Michael, one thing, though. You sound veeeery confident because of the Freudian faux pas that the judges on the Supreme Court are gonna overturn the mandate and maybe the whole thing. Am I right? You think that?<\/p>\n
CALLER: No. No. (chuckling) I\u2019m 57 years old, and I know that you can\u2019t predict the court.<\/p>\n
RUSH: No, I thought you said that it\u2019s going down.<\/p>\n
CALLER: I believe it\u2019s going down. I believe they believe it\u2019s going down. But am I “confident,” to use your word? Um, if you told me I had to bet right now?<\/p>\n
RUSH: Yeah.<\/p>\n
CALLER: Scalia\u2019s argument of, “Do you want us to read 2,700 pages?” was like: “Okay, we\u2019re gonna vote this thing to be constitutional without having read 2,700 pages?” If I had to vote or had to take a position whether they\u2019re going to approve or strike down, I\u2019d have to say they\u2019re gonna strike down. But you know that this thing could go the other way.<\/p>\n
RUSH: Well, that\u2019s what I was going to say. This vote that was held on Friday is just the first. And I have mentioned on many occasions that I\u2019ve been told by people very close to this (not this case, but the court) that they don\u2019t sit in a room and argue with each other and try to change each other\u2019s mind. But they do pass around their opinions, and Anthony Kennedy —<\/p>\n
CALLER: And they change over time.<\/p>\n
RUSH: Pardon?<\/p>\n
CALLER: They have changed. They have been known, historically, to change their minds.<\/p>\n
RUSH: Yeah, Kennedy has changed his mind. I forget what the case was, but it\u2019s well known. He changed his mind after opinions got passed around. So this isn\u2019t over. (interruption) No. No. Snerdley just asked me if I\u2019m confident because Kennedy was asking some of the most critical questions. At the end of oral arguments Kennedy also made points that made it perfectly clear he thinks the whole thing is constitutional. He covered the spectrum. He gave himself latitude and leeway to go either way on this. You have to read the whole transcript. <\/p>\n
The first couple of days, if that\u2019s all you rely on, his mind was made up. He\u2019s gonna vote to strike down the mandate. But later on he constructed a scenario where he could be convinced that this is constitutional because the health market already exists. The government\u2019s not creating it. The market\u2019s already there. People are already buying health insurance. The government\u2019s not making them do that. Only now they\u2019re just gonna say everybody has to. They\u2019re not creating a market. So he gave himself an out there. By no means can we take what happened Friday as the end of the road here. But you could assume, based on Obama yesterday, that somebody has… no, you couldn\u2019t assume. You could guess that he knows the outcome of Friday\u2019s vote, and it wasn\u2019t favorable, and therefore he went on this little mission yesterday to ladle some guilt on these guys. <\/p>\n
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<\/a>Okay, so the question\u2019s on the table. It\u2019s a good question. If you, folks, if you were on the Supreme Court, and you\u2019re undecided on this thing, and the president comes out and says what he says yesterday, and spells out all the pain you\u2019re going to be causing if you strike down his law, would you vote to uphold it just to avoid that criticism? Would you vote to find the mandate unconstitutional and then have it said about you that you don\u2019t care about people losing their coverage with preexisting conditions or losing their health care coverage or whatever? The way to answer the question is to say that the media in Washington constantly attempts to influence the outcome of Supreme Court decisions by virtue of promising fawning coverage in the Style section. They\u2019ll do that before a vote. They\u2019ll do it after a vote that they like, for the next time around. Whether it works, only a guess will suffice <\/p>\n