RUSH: Let me read a headline to you. See how this affects you. Fox News headline: “Senate Democrats Deliver Stunning Warning to Supreme Court: ‘Heal’ or Face Restructuring.” Now, the Supreme Court is the top court in the land and it’s the top court of the judicial branch. We have three branches of government.
Alexandria Ocascio-Cortez thinks the three branches are “the House, Senate and the White House.” The three branches are the Congress, the executive branch (which is the president, Department of Justice, all the cabinets), and then the judiciary (which is the courts). They are co-equal. There’s no branch that has absolute power over another branch. Now, that doesn’t mean that one branch cannot try to exert power over another.
Congress is always trying to exert power over the president and vice versa.
It’s set up to happen that way. Everything is normal. All of this is supposed to produce gridlock. The founding fathers were brilliant people, and they thought that a government that does the least is the government that does the best — and they wanted to make it real hard for stuff to happen. They wanted it to be really hard. And to give you just a little bit of a civics lesson: They did their job so well that the executive branch, over the course of many years, set up a bunch of bureaucracies with regulatory power over the American people that are not elected.
And they are not part of the legislative branch. So you have the EPA. They can sit there and just write regulations all day long about what you can and can’t do in your backyard. Whether Congress has passed a law or not, they can in a matter of minutes. The FDA! They can write a regulation telling you what drug you can and can’t take and when you can and can’t take it. This was never intended. All of these bureaucracies, all of these regulatory agencies with power that doesn’t derive from anything democratic can essentially write law that everybody has to obey and abide by.
It was done because legislative action was so slow — by design! The founding fathers did not want a big government. They did not want a government with all kinds of tentacles reaching out into the country via the states. So the regulatory bodies were created as a way of getting around all that. Executive orders were created as a way around all that. So that’s where we are. So these Democrat senators — to get back to the story with this headline:
“Senate Democrats Deliver Stunning Warning to Supreme Court: ‘Heal’ or Face Restructuring — Several high-profile Senate Democrats [threatened] the Supreme Court in pointed terms this week that it could face a fundamental restructuring if justices do not take steps to ‘heal’ the court in the near future.” Now, you’re probably saying, “What the hell is that about? What the hell did the Supreme Court do to tick these people off?”
Well, A, Clarence Thomas is there.
Kavanaugh is there.
Alito is there.
There’s a bunch of conservatives on the court.
“The ominous and unusual [threats were] delivered as part of a brief filed Monday in a case related to a New York City gun law. Senators Sheldon Whitehouse (D-RI), Richard Blumenthal (D-CT),” that would be Hanoi Dick, Da Nang Dick, whatever, “Mazie Hirono,” the man-hater from Hawaii, Dick Durbin of Illinois, and the pretty white girl, Kirsten Gillibrand (who looks to me like she just stepped out of a giant bag of flour), “referenced rulings by the court’s conservative majority in claiming it is suffering from some sort of affliction which must be remedied.”
The brief that these Democrat senators filed said, “The Supreme Court is not well. And the people know it,” and they’re threatening! If the Supreme Court doesn’t stop this, if the Supreme Court doesn’t start ruling the way that the Democrat Party wants, then they’re going to maybe start engaging in packing the court again when they get the White House back. They are threatening to expand the number of seats on the Supreme Court and have the next Democrat president load it up with Democrats to “fix” this if the court doesn’t change its ways.
Now, Congress established not the judiciary, but Congress set it up. The Constitution establishes the judiciary as a branch, but Congress decides what the districts are, how many there are, where the federal courts in these districts are. You’ve heard the First Circuit, the Second Circuit (well, the D.C. Circuit), the Ninth Circuit. Congress sets this up. Congress, if they have the votes legislatively, can change the makeup of the court system however they want.
This is not that. This is an out-and-out threat to the way various justices are deciding cases. And these Democrats are basically telling conservative justices: You guys, if you don’t stop this, if you don’t change the way you’re ruling — this is not what they’re saying but it’s essentially what they’re saying, the same thing as — then we’re going to get hold of this court next time a Democrat is in the White House, we’re going to expand this court to 12 seats or 15. And it’s going to be nothing but Democrats on it, new seats.
“Dramatic changes to the Supreme Court have been proposed by several Democrats vying for their party’s 2020 presidential nomination. … ‘The Supreme Court is not well. And the people know it.’” All this is, folks, it’s actually in one sense a good sign. The Democrats are realizing that Donald Trump is going to get the next appointment. There will be probably a sixth conservative justice on the court before Trump leaves office. Minimum. And that totally takes a key weapon out of the Democrat arsenal.
Their insurance against losing elections has always been to control the judiciary. They put liberal activists on the courts as judges and they basically make law while ostensibly ruling on cases before them. And this is how they ensure themselves against losing elections. Well, they’re not going to lose the power to establish the culture and the law even if they don’t have the power of the White House and Congress behind them.
And since the court is decidedly now tilted to the right and looks like it could be even more tilted to the right before Trump leaves office, they are now attempting to intimidate. Nothing’s going to come of it. It’s just a threat. I wouldn’t be surprised if the next time a Democrat’s in the White House they do try to expand the court and pack it. I mean, it matters that much to them. You can shake your head in there all you want, but I’m telling you these people are getting desperate.
You’ve got to understand how desperate these people are. They’ve thrown everything they know at Donald Trump. In their world, Donald Trump should be dead, literally dead, in a casket and buried and the Trump organization with it. He should be gone by now. They’ve thrown everything they’ve got.
What are they left with? Joe Biden, Mr. Gaffe Machine, although Fauxcahontas has now pulled even with Biden. Oh, yes. I’m not all into this, this far away from the election, but I realize many of you are and so I have a duty to discuss it and address it and make it sound like I care, which I’m very good at doing. I think I just did. I must have because everybody in there is smiling.