{"id":22694,"date":"2005-07-05T01:01:01","date_gmt":"2011-05-19T06:50:21","guid":{"rendered":""},"modified":"2021-04-28T11:55:44","modified_gmt":"2021-04-28T15:55:44","slug":"appoint_an_originalist_not_an_activist","status":"publish","type":"post","link":"https:\/\/www.rushlimbaugh.com\/daily\/2005\/07\/05\/appoint_an_originalist_not_an_activist\/","title":{"rendered":"Appoint an Originalist, Not An Activist"},"content":{"rendered":"

RUSH: All right, now, I know the judge deal is a big thing but it\u2019s not going to happen for a while. I know a lot of people are worked up about this. I\u2019m one of them. But I must be honest with you. I have a little bit of a different attitude about this than I thought I was going to have. I don\u2019t find myself all worked up about it yet because nothing that has happened is unpredictable. You have — and I\u2019m going to mention it. You have Chuck Schumer demanding a judge summit with the White House. Democrats demanding to sit in on the selection process, which the Constitution does not allow them; the Constitution does not permit. In fact, if you read up, as I have done, ladies and gentlemen, go back and read — I think it was Hamilton, Alexander Hamilton, the Founding Fathers — the reason the Senate did not have anything other than an “advise and consent role,” the original thinking of the Founders was that, “Okay, let them reject a judge.<\/p>\n

\"\"The result is they\u2019re just going to get another one they don\u2019t like,” and the idea is to end up having the Senate not rubber stamp but approve these people and send them on. The purpose is not for the White House to send a judge up that the Senate likes. The purpose here is for the Senate to realize that if they reject this they\u2019re going to get the same thing back; if they reject that they\u2019re going to get the same thing back. That was part of the original thinking of the Founders in this whole advise-and-consent business. Now you listen to the Democrats today and that\u2019s gone out the window as has much of the original intent of the Constitution, and the point now — I\u2019ll tell you what worries me as always worries me about this.<\/p>\n

It\u2019s not the Ted Kennedys, just like the war in Iraq. I said last week: It\u2019s not the Ted Kennedys and the Bidens, and these people are utterly predictable, the People for the American Way, the Alliance for Justice, the NAGs, the NOW gang. We all know what they\u2019re going to do. The thing about this that causes me the greatest concern is when I hear people like Orrin Hatch say what he said on Good Morning America today, or when I hear Arlen Specter continue to rip to shreds Robert Bork. When I hear Republicans say what they\u2019re saying about this, that\u2019s when I get queasy — and all this money that\u2019s being spent by these interest groups on both sides, it just amazes me. You know me. I\u2019m a big believer in having an informed public, but the public is not going to make this choice, and I don\u2019t think one dime spent is going to influence who Bush picks. I really don\u2019t think so.<\/p>\n

In fact, the conservatives are out there saying, “You better not pick Gonzales! You better not move him from the attorney general\u2019s office up the street. You better not.” Conservatives don\u2019t like this guy. He\u2019s not an originalist; he may be pro-choice, and Bush finally heard enough of it, said, “Shut up about Gonzales. He\u2019s a friend of mine. I\u2019m going to do what I\u2019m going to do. If I pick Gonzales, I\u2019m going to pick Gonzales. He\u2019s a fine man. Shut up about it.” He\u2019s sending that message out to the base. See, the one thing the base — you people in the base, we all in the base better understand — I know Bush said what he said during the campaign, and I know many of us rallied during both of these campaigns for this exact reason, the next justice or two or three on the Supreme Court.<\/p>\n

Bush isn\u2019t running for anything again. If Bush wants to blow off the base, he can blow off the base. I don\u2019t see Bush trying to establish a big conservative movement in the country, like Ronald Reagan did. The thing you worry about in second terms is legacies. You know: Does the president want a legacy? I\u2019ve got a couple stories. One of them I think USA Today, Kathy Kiely, I\u2019ll get to it in detail in a moment, “This pick will contribute to Bush\u2019s legacy.” Now, I think if the president has and desires a legacy to turn this court around, we\u2019ll be fine. If his legacy is to have the immediate, instant writers of history — which are the American left today — write great things about him then it\u2019s going to be a pick we don\u2019t like. But at this point I\u2019m going to sit back.<\/p>\n

I\u2019m going to wait and see what the president does. I\u2019ve trusted him on these kinds of things. The appellate judges he sent up have been good; the circuit judges he\u2019s sent up have been good. There\u2019s no reason to panic yet here. There\u2019s no reason. There\u2019s no reason for all this, “Oh, my God! Oh, my God!” There\u2019s no reason for the knife over the wrist here waiting to slit yourself, folks. We haven\u2019t gotten there yet. I think this is a time for cool, calm reason and reaction, when it is appropriate. But there\u2019s really not a whole lot to react to yet except the usual suspects on the left and the usual suspects on the right — and we will do so.<\/p>\n

BREAK TRANSCRIPT<\/p>\n

RUSH: Here\u2019s Mike in Aurora, Illinois. Hello, sir. Welcome to the EIB Network.<\/p>\n

CALLER: Rush, hey, great to talk to you.<\/p>\n

RUSH: Thank you, sir.<\/p>\n

CALLER: My question is concerning the stepping down of Sandra Day O\u2019Connor.<\/p>\n

RUSH: Yes.<\/p>\n

CALLER: And I\u2019d like to know — basically I\u2019d like to get your take on whether you think Bush has the political capital or the political clout to be able to get a conservative in there, someone of his ideological preference, without having to yield to all these other considerations, you know, whether it\u2019s a woman or a Hispanic or a minority. You follow what I\u2019m saying?<\/p>\n

RUSH: Yeah, he\u2019s got the political capital to do it.<\/p>\n

CALLER: But —<\/p>\n

RUSH: He can do what he wants. That\u2019s exactly what he should do. But, I\u2019ll tell you what, I think we need to change terms. Orrin Hatch was on Good Morning America talking about Bush, “Bush will nominate a conservative, I\u2019m confident of that but he won\u2019t nominate a right-wing conservative.” I threw my glasses down. What!<\/p>\n

CALLER: Can he get through with it?<\/p>\n

RUSH: What?<\/p>\n

CALLER: I mean, can he get through with it? Do you think it will — does he have the backing from the Senate and whatever all other means to have this person approved?<\/p>\n

RUSH: Yes, take the fight to them. Absolutely. Whether he\u2019s got it or not, go out and make it happen. For crying out loud, I\u2019m tired of reacting. I\u2019m tired of these Democrats acting like they won the election. Somebody needs to stand up and say, “When you win the election, you pick the nominees. Until then, SHUT UP!!! Just shut up! Just go away! Bury yourselves in your rat holes and don\u2019t come out till you win an election. When you win election, you can put all these socialist wackos like Ruth Bader Ginsburg and Stephen Breyer all over the court but until then shut up! You are really irritating me.” I\u2019m getting sick and tired of Chuck Schumer saying there needs to be a summit. I\u2019m getting tired of Biden saying we\u2019re going to filibuster. Go ahead. I\u2019m ready for you people to kill yourselves politically. I\u2019m ready for you to commit suicide. The Democratic Party and the liberal wing are on a steady nosedive and I hope Bush nominates somebody that irritates them so much that Ted Kennedy comes out with another Robert Bork-like statement because that will finish them off. These people are in their death throes, folks, I\u2019m telling you. The left are in their death throes. You can see it. They know it.<\/p>\n

The desperation is all over the place so screw all this talk of capital — and screw all this talk of conservative versus liberal. Let\u2019s get an originalist on there. It\u2019s originalist versus activist. When you hear the liberals say, “We need a pragmatist and we need a centrist,” what you\u2019re hearing them say is, “We need an activist,” and when you hear them say, “We can\u2019t have these conservatives and these right-wingers on there.” What you\u2019re hearing is, “We can\u2019t have an originalists! Why, that would screw us!” So, yeah, he\u2019s got all kinds of capital. He can do whatever he wants to. He\u2019s the president of the United States. He nominates these people, and then let the Senate have at it, and if the liberals filibuster this, if the liberals torpedo this I\u2019m telling you, folks, they\u2019re going to show up on the polls in 2006 and they\u2019re going to get fewer votes and they\u2019re going to get fewer votes in 2008.<\/p>\n

You know, the Bush administration is looking at three open seats here and this is just the first. Rehnquist is next and there\u2019s talk that Ruth Bader Ginsburg is not very healthy at all. She may, in fact, be less well than Rehnquist is. And, you know, talking Gonzales would be the third pick if it goes that far, but as I say, what worries me is Orrin Hatch on Good Morning America says, “He\u2019ll nominate a conservative but I don\u2019t think a right-winger.” Orrin, if they nominated you they\u2019d call you a right-wing conservative. What are you talking about? I don\u2019t understand that at all, at all.<\/p>\n

END TRANSCRIPT<\/p>\n","protected":false},"excerpt":{"rendered":"

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