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RUSH: I want to try to make some sense out of what’s going on here at the Supreme Court ’cause there’s so much of this punditry. The predictions are just all over the ballpark. I keep falling back to one crystal-clear reality to me. Even yesterday I found myself getting caught up in this whole game. The whole game. Look at what we’re doing here. I know a number of you people agree with me here. I’ve talked to a number of you, and, my friends, we’re losing this country. I mean, it’s dangling over the precipice here, and yet we’re all succumbing — and it’s hard not to. Don’t misunderstand. This is not a criticism. We’re all succumbing to playing the standard game every day in talking about it.

For example, here we have the constitutionality of Obamacare, and the narrative and the template for discussing it is set, and it boils down to one thing: “How’s Anthony Kennedy gonna vote?” Can you believe that? That’s where we are. That’s where all the punditry is going. That’s where all of the prognostication centers: What’s Justice Kennedy going to do? It’s not a criticism of him by any stretch. But here we are, a nation of 311 million people. By the way, there’s something else that you need to know: There aren’t 50 million uninsured. There aren’t 42 million uninsured. There aren’t 30 million uninsured, and there never have been.

There’s an AP story today. I found it in the Las Vegas Review-Journal, but you know what the total number of people without health insurance is? When you factor the fact that everybody gets treated at the emergency room by law anyway, the number of Americans out of a population just north of 300 million is 15 million people. We’re doing all of this for 15 million people, and those 15 million people are young or wealthy and have chosen not to buy health insurance. And we’re doing all of this! If we’re not careful, we are going to lose this country. We are going to shred the Constitution in ways that it can’t be put back together.

And that is the objective of today’s leftist movement and its members of the Democrat Party. That’s the objective is to shred this Constitution, get rid of it once and for all. Ruth Bader Ginsburg was over in Egypt telling people putting together a constitution there (paraphrasing): “Don’t look at ours! There aren’t enough human rights concerns in there. Not enough. There’s not enough provisions in our constitution for what government can do, ’cause government’s all good, government’s all powerful, government’s all benevolent, and there nothing in the US Constitution for you.” So we have this legislative debacle — this monstrosity, this worthless piece of legislation — that is going to rip the fiber out of this country.

All for 15 million people who have chosen not to have health insurance! Not because the country’s unjust and unfair and has millions of people who are dying to get medical treatment but can’t. That’s such a crock. If you need medical treatment this country, you get it even if you can’t afford it. You go to the emergency room or a walk-in clinic or what have you. And then furthermore, everybody’s trying to prove how smart they are by predicting what Anthony Kennedy’s gonna do. One guy! This whole case hinges on what one guy does, and then after this one guy votes… And the reason I say that one guy is because a lot of people think John Roberts gonna go with the fact that it’s constitutional based on what he said yesterday.

And a lot of people think Kennedy is gonna vote against it. A lot of other people think Kennedy’s gonna vote for it, ’cause Kennedy signaled he’d go either way on it yesterday at the beginning of the oral arguments. That’s when the left was panicking, calling it a train wreck. At the end of the proceedings yesterday. “Wait a minute there. Kennedy, he could flip here. Kennedy said some things that…” I just find it ridiculous we’re caught up in it this way, and it’s… (long sigh) I don’t know. It’s also a little disconcerting to me that so many people are caught up in it and enjoy being caught up, as though it’s nothing more than an intellectual exercise. And when it’s all over, what’s at stake here is who can say, “I was right and I predicted it!”

Or when it’s wrong, “You blew it! You didn’t know what you were talking about! You weren’t as smart as I am.” In the meantime what are we talking about here? We’re talking about the country going in a direction that you and I never envisioned it going. Something else that struck me. I made a note to myself yesterday. I sent it to some friends of mine. Something I didn’t expect to happen is happening. This case — as it’s being discussed and argued according to this template and narrative that I just described — is providing an opportunity to illustrate the genuine intellectual vacancy, corruption, and immorality of liberalism in general.

This case — because of the punditry, and because of all the commentariat both on the air and in blogs and in print — is demonstrating the abject ignorance and stupidity of people on the left. Some of the questions asked by Justice Sotomayor yesterday are mind-boggling. “Why can’t we just let Congress decide this?” They did! That’s what this is all about, Madam Justice. What do you mean, “Why can’t we let Congress decide?” They did! What do you think you’re doing? Ginsburg (paraphrased) “Our constitution is not worth anything anymore. Emerging nations don’t need to look to the US Constitution. No, no, no. It’s defective.”

Elena Kagan? (sigh) I’m gonna rein myself in here. I really don’t want to make any of this personal. These people… She hasn’t lived in the real world (other than when they were students). They don’t have any relatability to people outside of academia, which is where the utopians are. Academia is where the utopian statists are, the theoreticians, the people that sit around and look outside the academy and think, “Oh, how dumb those people are! How backwards! What a bunch of hicks and hayseeds.” And they sit around and talk to each other and theorize how if they were in power, how they’d make everything fair and everything just and everything proper and all of this gobbledygook that never worked anywhere in the world.

Then they go home and put on their Che Guevara T-shirts and say, “Oh, my God, what’s happening to the country?” I just marvel all of these legal minds on the left — be they network experts, law professors, or whatever — who, up until yesterday, apparently never even considered the possibility that the individual mandate in the commerce clause is unconstitutional. They never even considered it! And now when they hear oral arguments that (for the first time, apparently) hit them upside the head that it might be unconstitutional. They are literally flabbergasted! Not surprised because they’re disappointed. They are genuinely shocked. They haven’t considered this! They’re stymied.

And I think, “What kind of mind do you have to have and how closed must it be to be shocked to your very core by the possibility that the Supreme Court might find this law unconstitutional?” My point is that so many of us… And myself included, but I try to distance myself from it and try to not succumb and get caught up in the daily narrative and template of whatever the issue is that’s being discussed. But these are not the smartest people in the world. In fact, they’re not even half as smart as the people who make the country work, and yet they are considered to be intellectual elites. So even the intellectuals on our side grant them an intellectual level that they don’t deserve.

They are not that smart, and this whole episode’s demonstrating this to me. Just one day yesterday! And gosh, I hope people are really paying attention. I don’t know how many are. I don’t know what the odds are that a lot of people are. I have no clue. But it is paramountly obvious that the so-called smartest people among us are not even C students in life. They’re not even C students in getting up and making things work. And our side engages them as though they’re smarter than we are, and we have to impress them. And I’m talking about the intellectual elites on our side. And what is their objective? Their objective is to impress these people.

Their objective is, “Well, I gotta make sure I’m not considered one of these far right-wingers. I gotta make sure I criticize Beck or Limbaugh or Levin or whoever so that these intellectual elites on the left will not think I’m one of them.” And I have come to the conclusion that they aren’t worth impressing. You can’t anyway; they’re so arrogant. You can’t impress these people. Remember yesterday I told you that I was surprised to learn some years ago how the Supreme Court does not operate? I learned that the justices do not sit in a room and debate each other and try to persuade each other. Everything’s done in writing. When I learned this, I was shocked. And it’s from a very inside source. It’s a right-in-that-room source. I was shocked! I said, “I actually thought that you guys sat around and, after you voted, you discuss these cases. Maybe not debate them, but you discuss them.”

“No! I’m not going to waste my time. They’re not gonna change their minds on this. They’re not gonna change their mind on anything. I’m not gonna try to change their mind.” I tell you that only to illustrate again the arrogance that exists. We, of course, are open to changing our minds. We are open to showing how open-minded we are. They don’t care a whit about demonstrating that they’re open-minded. They can’t demonstrate they’re open-minded because they’re not. Everybody is going out of their way on our side to try to impress these people who are demonstrating themselves to be unworthy of the kind of respect — or awe, I should say — that some on our side grant them. This really is an opportunity to demonstrate how totally out of touch with reality all of these people on the left are.

Legal experts, media commentators, whoever they are, are out of touch. They’re not even 25% as smart as they think they are. And it’s what frustrates me about people on our side who accord these people high intellectual status in dealing with them. So what we have now is basically a classroom exercise going on but not in a classroom. It’s happening in the country. But in the classroom the outcome stays there and all it ever is is an intellectual exercise. This is real life that’s being tampered with here, and it’s all apparently gonna come down to one man — in a constitutional republic of 311 million people!

And the smartest people in the room are trying to prove that they’re the smartest people in the room by predicting which way this one man is gonna go.

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