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<\/a>How can we not? We\u2019re exposed to it from the time we\u2019re born. They shield themselves, their families, their friends from conservatism as much as possible. Liberalism is a gated community. Not only is liberalism a gated community, there\u2019s a moat before you get to the gate. They simply don\u2019t understand it. And so Jeff Toobin literally was having a cow when he heard the justices on the court question the government lawyer from a conservative constitutional point of view, and he was shocked. He was unfamiliar with it. Now, you may find it hard to believe. “Rush, these guys are in the news media and they talk about conservatives all day long.”<\/p>\nThey really are strangers to our core beliefs, folks. So after the shock of being exposed to it wore off, then Toobin and the rest of \u2019em (including Obama) had to come up with a way to feel right about everything again. They had to come up with a pacifier. And so what they have done is construct this notion of judicial activism to throw it right back in our faces. And now their definition of judicial activism would be the court throwing out something that the United States Congress did. Because, as far as they\u2019re concerned, if the Congress did it, and the Congress was Democrats, it\u2019s constitutional. No questions asked. No argument possible. That\u2019s it. If the court throws that out, that\u2019s judicial activism. Judicial activism cannot possibly exist if the court is following the Constitution. This is really a teachable moment here.<\/p>\n
BREAK TRANSCRIPT<\/p>\n
RUSH: I\u2019m gonna set the table here because I like to have a foundation established when we start the audio sound bites. And I\u2019ll tell you: It is hilarious to hear Obama arguing, threatening, warning justices of the Supreme Court that the individual mandate is constitutional. It isn\u2019t. There is no permission for the federal government to order Americans to sign contracts with anybody, to buy something, or to not buy something. There is no provision for this in the Constitution. In a cut-and-dried, right-down-the-middle-way. In a sane world, this thing doesn\u2019t get out of Congress because somebody there realizes it\u2019s unconstitutional.<\/p>\n
Remember, Obama argued against the mandate in 2008. Now, he didn\u2019t say it was unconstitutional in 2008, but he implied it. ‘Cause he said it would mean that the government would have unlimited power to mandate anything, and he chided Hillary, his primary opponent. “I mean, if a mandate was a solution we could try that to solve homelessness by mandating everybody buy a house.” So he knows. He knows full well. He also warned and threatened the justices that the mandate exists so everybody has skin in the game, to make sure that everybody\u2019s paying for his health care bill. But he also, as you\u2019ll hear, blatantly rewrites the history of Obamacare legislatively.<\/p>\n
He claims, you\u2019ll hear him say it, Obamacare “was passed by a strong majority of a democratically elected Congress.” In reality, there was no strong majority in support of Obamacare. In fact, there was strong bipartisan support against it! Thirty-four Democrats in the House voted against Obamacare. No Republicans voted for it. It was passed in the Senate on Christmas Eve 2009 by a vote of 60-39. They used budget reconciliation, any number of tricks. But he\u2019s just up there blatantly rewriting the history of this. He\u2019s rewriting the public support for this. He\u2019s just blatantly making it all up. That\u2019s why people think he got a leak. And as a friend of mine said: Why wouldn\u2019t Kagan call him?<\/p>\n
“Who is your friend, Mr. Limbaugh? You keep talking about…”<\/p>\n
I\u2019m not gonna tell you that, Mr. New Castrati. None of your business. But it\u2019s not just my friends, thinking this. It\u2019s all over the place that somebody musta called Obama. And the logical guess if it happened would be Kagan because she was in the administration. She was the solicitor general. And these people are playing for keeps. And it\u2019s obvious based on what Obama did yesterday that traditional rules and standards of decorum and propriety don\u2019t matter. So let\u2019s go. Here\u2019s the first bite. In total, this runs a minute 45. I doubt we\u2019re gonna get it in that quickly. ‘Cause I doubt I\u2019m gonna be able to restrain myself and not tell the broadcast engineer to stop it. So here we go. This is yesterday afternoon. He\u2019s with the Canadian prime minister, Stephen Harper, and the Mexican president, Felipe Calderon.<\/p>\n
They had a joint news conference about NAFTA-type stuff, and an unidentified reporter with an obviously (to me, anyway), planted question, \u2019cause Obama wants this. “Mr. President! Mr. President! After last week\u2019s arguments at the Supreme Court, many experts believe that there could be a majority — a five-member majority — to strike down the individual mandate. And if that were to happen, if it were to be ruled unconstitutional, how would you still guarantee health care…?” There\u2019s no question in my mind this is a planted question. “And if that were to happen, Mr. President, how would you still guarantee health care to the uninsured and those Americans who\u2019ve become insured as a result of a law?”<\/p>\n
(laughing) The question is just wonderful. Here\u2019s the answer…<\/p>\n
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OBAMA: With respect to health care, I\u2019m actually, uh, continue to be confident that the Supreme Court will uphold the law. Uhhh… And the reason is because, uh, in accordance with, uhhh, precedent out there, it\u2019s constitutional.<\/line><\/p>\n
RUSH: Stop tape. What precedent? There no precedent on this. There\u2019s no precedent. There\u2019s no legislation that required us to go buy something, enter into a contract, that the court has found constitutional. There\u2019s no precedent. That\u2019s what this is all about. Okay, let\u2019s hit it.<\/p>\n
OBAMA: That\u2019s not just in my opinion, by the way. That\u2019s the opinion of, uh, legal experts across the ideological spectrum, uhhh, including two very conservative appellate court justices, uh, that said this wasn\u2019t even a close case.<\/p>\n
RUSH: Stop the tape. Again, the construction here of the straw man in every instance such as this. “By the way,” he says, “that\u2019s the opinion of legal experts across the ideological spectrum.” Whether it\u2019s global warming or whether it\u2019s the stimulus that\u2019s gonna create jobs, “Ah, there are economists all across the spectrum!” No. He\u2019s got two judges here, one of them was Laurence Silberman, who is conservative, and I\u2019ll tell you: When Silberman ruled that the mandate was constitutional, I thought “Whoa!” I was taken aback, I\u2019ll admit that. But there\u2019s no broad-based consensus across the ideological spectrum of experts. That\u2019s what this is about. Okay, keep going.<\/p>\n
OBAMA: I think it\u2019s important \u2019cause I — I watched some of the commentary last week, to remind people that this is not an abstract argument. People\u2019s lives are affected by the lack of availability of health care, the inaffordability (sic) of health care, their inability to get health care because of preexisting conditions.<\/p>\n
RUSH: Stop the tape. It is precisely an abstract argument. That\u2019s exactly what\u2019s going on here. This was my point last week. This is a classroom discussion. This is a bunch of people on his side sitting around theorizing on how they would make it better if they had the power, if they had the opportunity. It is abstract. And then everything that followed that is irrelevant. The court is not to take into consideration who has health insurance and who doesn\u2019t. That is not what is being argued here. This is not before the court because some people don\u2019t have health insurance. This is not before the court because some people have health insurance that other people are paying for. The details of health care in America are not why this case is being argued.<\/p>\n
This case is being argued because his administration is trying to violate the Constitution in securing the largest power grab by the federal government in the history of this country. That\u2019s what\u2019s being argued: Does he have the constitutional right to do it this way? All this other stuff is nothing more than tugging at our heartstrings. All this other stuff is trying to inject politics. All this other stuff about the uninsured and preexisting conditions, that\u2019s an attempt to ladle guilt on the justices, and particularly the conservative justices. “If you find this unconstitutional, look at the pain you are causing! Look at the heartbreak you are causing! Look at the number of people who might even die because of you.” That\u2019s what he\u2019s doing here. That\u2019s the degree of intimidation and threat that Obama is employing. All right, let me find my place in the transcript here and… Okay. Hit it.<\/p>\n
OBAMA: The law that\u2019s already in place has already given 2.5 million young people health care that wouldn\u2019t otherwise have it.<\/p>\n
RUSH: Stop the tape. Irrelevant. That doesn\u2019t mean that if the law is unconstitutional, it should stand. It doesn\u2019t mean that. If ten million people have health insurance now who didn\u2019t have it… And I don\u2019t even want to get into the argument of whether he\u2019s telling the truth here or not because there\u2019s no way to know. They just make these numbers up left and right, like there were three million homeless, like there were 45 million uninsured. The number\u2019s 16, 15 or 16 million. The numbers don\u2019t matter, which is why I\u2019m not gonna get into \u2019em. It\u2019s irrelevant. If 30 million uninsured all of a sudden now had health insurance, that\u2019s not germane to what\u2019s being discussed.<\/p>\n
OBAMA: There are tens of thousands of adults with preexisting conditions who have health care right now because of this law.<\/p>\n
RUSH: Ah, ah, ah, ah, ah. No, Mr. President, in fact, the rate of people signing up for this provision is way low, much lower than the government expectations. But again, that\u2019s irrelevant. It doesn\u2019t matter. It\u2019s not what\u2019s being argued. Whether or not people with preexisting conditions now have insurance isn\u2019t relevant. Folks, all I\u2019m doing here is telling you what is. I am not arguing politically. I\u2019m not trying to stop Obama from having a political victory. I\u2019m scared we are losing this country, and we are going to lose big if this thing is ever fully implemented. We have until 2014 to stop that, and the court here is just one step in this. I don\u2019t mean to sound — and please do not infer that I don\u2019t care about people who do not have health insurance. I do. This is not the way to fix our problem. <\/p>\n
I\u2019ll just ask you to look at our history yourself. We\u2019ve had a war on poverty. We\u2019ve had the Great Society. We\u2019ve had every number of liberal-created social programs to fix problems and I ask you, is one of them fixed? Or are they all out of control and worse? And the answer is the latter. This is not the way to fix the problem, but it\u2019s not germane to what the justices are deciding in the first place. I don\u2019t care whether Obama knows that or not. I don\u2019t care whether he\u2019s so ignorant and ill-educated he doesn\u2019t know it. All I know is he\u2019s using threats and intimidation and trying to ladle guilt on these justices. Here\u2019s what you\u2019re going to be taking away from poor Americans if you do this. Here, he kept going.<\/p>\n
OBAMA: Parents don\u2019t have to worry about their children not being able to get health care because they can\u2019t be prevented from getting health care as a consequence of a pre-existing condition. That\u2019s part of this law.<\/p>\n
RUSH: Doesn\u2019t matter.<\/p>\n
OBAMA: Millions of seniors are paying less for prescription drugs because of this law.<\/p>\n
RUSH: Stop the tape. That\u2019s irrelevant, too. If anybody\u2019s paying less for prescription drugs it\u2019s because of George W. Bush and Medicare Part B. But again, none of this is relevant to what is being argued. We are talking about the Constitution. We do not have the right, these are people who have sworn an oath to uphold, defend, and protect the Constitution, and there\u2019s no reason to abandon it. You cannot say, “Well, there are all these people without health care so the Constitution doesn\u2019t matter.” Wrong. It\u2019s not the only way to fix this problem. Keep going.<\/p>\n
OBAMA: Americans all across the country have greater rights and protections with respect to their insurance companies and they\u2019re getting preventive care because of this law. <\/p>\n
RUSH: No, not relevant. Keep going.<\/p>\n
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OBAMA: That\u2019s just the part that\u2019s already been implemented. That doesn\u2019t even speak to the 30 million people who stand to gain coverage once it\u2019s fully implemented in 2014.<\/line><\/p>\n
RUSH: Oh, 30 million now? It\u2019s actually 15, but a couple years ago it was 45 million. Again, none of this is germane. Now, you go out and ask your average liberal and this is all that matters. “The Constitution, what Constitution? What a barrier. You mean to tell me the Constitution\u2019s preventing people from getting health care? Well, to hell with the Constitution.” That\u2019s what people on the left think. That\u2019s what we\u2019re up against. But none of this is relevant. The message here is, Justice Kennedy, do you want to take all this away from people? Do you want this on your head, Justice Kennedy? That\u2019s the point of what he just said. <\/p>\n
BREAK TRANSCRIPT<\/p>\n
RUSH: How many people are homeless? Shouldn\u2019t the government do something about that? Shouldn\u2019t the government mandate that everybody buy or rent a house? And shouldn\u2019t the Supreme Court uphold that because, how can you take a house away from somebody as we force them to buy it? This is what he\u2019s arguing here. It\u2019s figuratively speaking here. Obama\u2019s put a bounty out on the Supreme Court, figuratively speaking, since bounties are in the news lately. There\u2019s no question. This is a message to the conservative justices: Anthony Kennedy, look what you will be taking away if you strike down my law. Look at the people you will be hurting if you strike down my law. <\/p>\n
Let\u2019s go to the next bite. It\u2019s about a minute 19 seconds uninterrupted. We\u2019ll see how far we get into this one.<\/p>\n
OBAMA: I think the American people understand and I think the justices should understand —<\/p>\n
RUSH: Whoa, stop the tape. “I think the justices should understand.” The American people understand. Cue it back up to the top. I think the justices should understand. Well, it\u2019s easy to detect the attitude here. You guys had better understand who you\u2019re dealing with here. You guys had better understand what you are doing here. You\u2019d better understand what your role is here. You better understand what I am expecting out of you. You better understand what you\u2019re supposed to do here. Flat-out intimidation. No question about it. All right, let\u2019s start at the top of this.<\/p>\n
OBAMA: I think the American people understand and I think the justices should understand that, in the absence of an individual mandate, you cannot have a mechanism to ensure that people with preexisting conditions can actually get health care.<\/p>\n
RUSH: Stop the tape. Yes, you can. There\u2019s only one way to do this. By forcing everybody else to go buy health insurance to pay for those who don\u2019t. That\u2019s the only way to do it. Redistribution of wealth? Coercion? Compelled, forced contract is the only way to do it? Justices better understand. I\u2019ll tell you what the American people understand. They hate Obamacare, by over 60%, some cases up to 70%, every poll. Why shouldn\u2019t the justices be afraid of the wrath of the American people, instead of the wrath of Obama? If they\u2019re supposed to pay attention to politics, if they\u2019re supposed to pay attention to elections and polls, the American people don\u2019t want this. “The justices had better understand.” Whew, boy. That is amazing. <\/p>\n
BREAK TRANSCRIPT<\/p>\n
RUSH: Now back to our audio sound bites. Barack Obama yesterday in his obvious attempt to influence the vote at the Supreme Court. I\u2019ve asked people if we can recall other presidents doing this. I frankly don\u2019t, but I can\u2019t say conclusively. I don\u2019t know if Bill Clinton ever did. Campaign finance reform, I don\u2019t know what happened with that. I know members of Congress go out and say things, but presidents, I just don\u2019t recall. If it has happened, it\u2019s not often and it\u2019s not common. It\u2019s not something that either of the Bushes ever did. Ronald Reagan never did it. I just can\u2019t say for certain that this is unprecedented. <\/p>\n
I don\u2019t think a president has ever called out the Supreme Court in a State of the Union message, for example. Well, I know, Andrew Jackson said to John Marshall, “Okay, go ahead,” back in 1832, “go ahead, you enforce it if you want. I\u2019m not going to.” But the Jackson thing could be a myth. Well, I know FDR went after him when he was running for reelection, but there are presidents who have attempted to run against the Supreme Court as a campaign prop. This is an attempt to influence the vote of a particular justice or two. I can\u2019t honestly say it hasn\u2019t happened before. I just know that, if it has, it\u2019s extremely rare and it is a total violation of decorum and traditions, which are falling by the wayside anyway. <\/p>\n
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