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RUSH: Justice Scalia, during oral arguments today… I guess he said to the government lawyer, Mr. Verrilli… And the discussion today was the severability of the mandate from the rest of the health care law. And they\u2019re discussing what aspects of it to keep. They\u2019re all speaking hypothetically. If the mandate gets thrown out, does the whole thing go? Do we keep parts of it? Scalia, during oral arguments, said (chuckling), “You want us to go through 2,700 pages?” A justice of the US Supreme Court said to the government lawyer, “You want us to go through 2,700 pages?” Do you realize that?<\/p>\n
He\u2019s a member of Congress from Detroit, and he\u2019s utterly serious. “Oh, yeah, well, well… You can\u2019t expect us to read this. We wouldn\u2019t understand it. We hire people to read it for us and tell us what\u2019s in it.” It sounds like Scalia hasn\u2019t read it, either. “You want us to read 2,700 pages?” That\u2019s hilarious! What it really signals is they\u2019re not gonna get into the minutia of this. Ask yourself: How are they gonna decide? If they throw the mandate out but then they decide to keep parts of the rest of it, how are they gonna do it? The court is gonna read the 2,700 pages, and then the court is gonna vote on it all? Come on. Give me a break. That isn\u2019t going to happen.<\/p>\n
And they would probably have to go hire a couple of additional clerks to read this stuff and tell \u2019em what the bill says. Anybody who thinks that we\u2019re gonna get a defined, totally comprehensive result here about what\u2019s gonna stay and what gets thrown out? They\u2019re not gonna read 2700 pages. That\u2019s what Scalia is just pointing out. And if they\u2019re not gonna read all 2700 pages, how in the world are they gonna decide what stays in and what doesn\u2019t? What an utter mess. This is an embarrassing mess. This whole thing is just a profound embarrassment. The premise behind this health care bill is an embarrassment, and it\u2019s a threat. <\/p>\n
The actual bill itself — the legislation, the language — it\u2019s an embarrassment. Nobody knows fully what\u2019s in it. And Pelosi, the Speaker of the House at the time, said, “We have to pass the bill to find out what\u2019s in it,” and she said that seriously. She wasn\u2019t trying to be funny or clever. She was being dead serious. “We gotta pass it to find out what\u2019s in it.” She almost was using that as, “Okay, you want to know what\u2019s in it? Well, pass it! We\u2019re not gonna tell you \u2019til you pass it.” This is how we\u2019re going to administer health care for 300-plus million Americans? We have nine justices of the court read the 2,700 pages and then write opinions on what ought to stay, what ought to go? What a joke this has become. <\/p>\n
Aside from the genuinely severe, tragic outcome of liberalism\u2019s success, that\u2019s what liberalism is: It\u2019s a joke! It is a really damaging, harmful, painful joke, but it is an absolute joke. This is an embarrassment. It is folly. And that\u2019s another reason why I am just beside myself when I listen to all these so-called high-IQ intellectuals debate this on the highest planes of erudition and sophistication. Nobody knows what\u2019s in it! The more it unfolds here, the more obvious it becomes to me that this ought to be one of the biggest embarrassments in this nation\u2019s history. This whole episode. This whole law. This whole piece of legislation. This whole effort to ram it through. Its premise, its objective. Plus it\u2019s tragic. If it ever happens, if it ever is really is implemented it stops being a joke. It stops being an embarrassment and then it becomes shackles. <\/p>\n
Scalia: Do you really expect the court to do that? Do you really expect us to read 2,700 pages? Do you really expect us to give this function to our law clerks? Is this not totally unrealistic, that we\u2019re gonna go through this enormous bill item by item and decide each one? (That\u2019s a justice of the Supreme Court putting, as plain as day, what\u2019s before them.) You want us to go through 2,700 pages with our clerks, item-by-item, and decide each one? That\u2019s what you\u2019re asking us to do here? <\/p>\n
And you know what? <\/p>\n
That\u2019s exactly what they\u2019re asking \u2019em to do!<\/p>\n
That\u2019s the point. This is exactly what Obama\u2019s asking them to do. They don\u2019t see anything strange about that. “Eh, it\u2019s 2,700 pages of fairness, social justice, equality. Damn right we expect you to go through this, see how wonderful it is and keep it.”<\/p>\n
Who\u2019s next? Raleigh, North Carolina. Hi, Josh. Great to have you on the EIB Network. Hello.<\/p>\n
CALLER: Rush, thanks for having me on and making the complex understandable.<\/p>\n
RUSH: Thank you, sir, very much.<\/p>\n
CALLER: I wanted to get to… Let\u2019s say, for example, that what Carville says is true, because I do know some people that agree with Obama a lot but not Obamacare<\/a>. I want to take a look at the other side of that coin and can you imagine the uptick in voter enthusiasm? It would be 2010 all over again if Obamacare is declared constitutional. I mean, so many people would… It would be 2010 all over again and then more.<\/p>\n RUSH: I think you\u2019re right. Health care is what gave birth to the Tea Party. Health care is what created that 2010 midterm election victory. I think you\u2019re right. That would erase… (chuckling) Anybody that\u2019s concerned over who the Republican nominee is? If this thing gets fully declared constitutional, then our side would know, “Okay, this is gonna have to be done in Congress and we gotta get rid of Democrats.” That\u2019s what everybody would know. I think you\u2019re right. A lot of people think the opposite, though, Josh. A lot of people think that having it declared constitutional would just dispirit our side and they would give up. <\/p>\n A lot of people think that would happen, too. <\/p>\n
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<\/a>By the way, Scalia was not addressing Verrilli today. I need to correct that. He was speaking to Mr. Kneedler, K-n-e-e-d-l-e-r, who is deputy United States solicitor general. So he\u2019s part of the team. Verrilli was the solicitor general. He led off yesterday and he was profoundly humiliated. So they sent Kneedler in there today to try to change it up, and apparently he was catching hell all day, too, from the justices. Even from Sotomayor. So it was apparently not much better for Kneedler than it was Verrilli. In fact, the Republicans put together an ad using Verrilli\u2019s stuttering and pausing at the beginning of the oral arguments yesterday. Now, this is a TV commercial, and while the audio plays, if you could envision the Supreme Court building and the graphic that says, “Voice of Obama\u2019s Lawyer.” <\/p>\n