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<\/p>\nRUSH: We have a couple Supreme Court decisions today that, when you dig into them, the Democrats and the media are unhappy about both of them, even the census question, despite the fact that the Chief Never Trumper, the chief justice, John Roberts, takes every occasion he can to rule against the interests of Donald Trump, the census question is actually not as dire as the original take on it was.<\/p>\n
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The gerrymandering question, the Democrats and the media are fit to be tied. They\u2019re beside themselves. They can\u2019t believe it. The deck is gonna remain stacked against them. The Republicans are gonna continue to be able to draw districts. And you know why? Because that happens at the state level and Republicans control the majority of the governorships and state legislatures, because why? Because they won elections!<\/p>\n
If you listen to the Drive-By Media today, that\u2019s not fair.<\/p>\n
It\u2019s not fair that the Republicans get to draw these districts. Well, it is fair because that\u2019s part of what happens when you win. Elections have consequences. They wouldn\u2019t have been concerned at all, if the situation were reversed and we had the same Supreme Court ruling, if the Democrats had a majority of state legislatures, they would have been applauding it today. I\u2019m talking about the media, the supposedly impartial journalist community.<\/p>\n
BREAK TRANSCRIPT<\/p>\n
RUSH: On now to the two Supreme Court decisions that we got this morning. The first one was a nine to nothing, unanimous decision not to permit the question of citizenship on the 2020 census. Now, the ruling here gets quite into the weeds. And as is case, I myself have not had a chance to personally delve into it. Right now all I am is a prisoner of sorts to the people who have seen it and analyzed it, to date.<\/p>\n
What I think has happened here is, on the surface, the Supreme Court — this results from a request from Wilbur Ross, the commerce secretary, runs the census, wants to put a question of citizenship. The Supreme Court said you haven\u2019t given us enough of a reason why you want to do this. And the reasons you\u2019ve given us, it looks like it\u2019s politics, and we don\u2019t do politics here, and you\u2019ve got some evidence here that we haven\u2019t seen.<\/p>\n
The Supreme Court does not like to take cases that no other court has taken and ruled on. The Supreme Court, in their minds, is an appellate court. If you have a case where you are presenting evidence that hasn\u2019t been presented before, the odds are they don\u2019t want it. Exceptions to everything. This is nine to nothing.<\/p>\n
Now, other people have looked at this, this just a temporary thing. It\u2019s obvious if you read the decision that the question is going to end up on a census at some point. It may not make the 2020 census. There\u2019s even some dispute over when the deadline has to be resolved. July 1st is one date. October is another. October, I guess, is still possible.<\/p>\n
The other case is the gerrymandering or gerry, depending on how you choose to pronounce it. And this is where the winners of elections in the various states are in charge of drawing the various congressional districts within the states. And the Supreme Court said today this isn\u2019t our gig. We don\u2019t do politics and we don\u2019t draw congressional districts. The states do this, and it\u2019s based on election results, and this is not our purview.<\/p>\n
The reason this case is up, the Democrats have been losing statewide elections. People have forgotten this, but in 2016 after Trump won, people need to remember that after that election — obviously this changed, 2018 midterms. But in terms of electoral seats held federally in the states and in local communities, Democrats had never held fewer electoral seats since the early 1900s after the 2016 election.<\/p>\n
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I remember James Carville all over TV lamenting how relegated to obscurity the Democrats had been. It was a shock because they all thought Hillary was going to win in a landslide. They hadn\u2019t had this little power. And it was largely not because of the makeup of Congress. It was because the Republicans controlled the vast majority of states, state legislatures and governorships.<\/p>\n
And when you got even more local into various cities, the Republicans were making gains left and right. And there are consequences to winning those elections. States, congressional districts are drawn by the legislatures of those states. And if the Republicans control the legislature, they\u2019re gonna draw the lines.<\/p>\n
Now, the losers can go to court, do all kinds of things to try to stop the majority from doing this, but it\u2019s a huge advantage. And since the Democrats are on the short end of the stick, they wanted this changed. And the Supreme Court basically said this is not our job. We don\u2019t get into local politics like this.<\/p>\n
North Carolina is a good example. North Carolina today, people there are relieved that the Supreme Court ruled that lower courts, including federal and state courts, have to stay out of this kind of politics. And that really is an important ruling, because the courts for the most part have been attempting to usurp as much power as they can, all three branches of government, it\u2019s a natural thing.<\/p>\n
Legislative branch wants more power away from the executive. The executive doesn\u2019t want Congress to have any power. And the judicial branch of late has positioned itself to sit in judgment over what\u2019s legal and illegal, what\u2019s constitutional and unconstitutional. And when you talk about liberal judges, they have been taking as much power as they can get using the power of the robe to actually write law. That\u2019s what\u2019s remarkable here.<\/p>\n
The Supreme Court rejected the opportunity and also ruled that lower federal courts and state courts have to stay out of this. And their decision was clear. The U.S. Constitution is the law of the land. And that means that the Supreme Court has no jurisdiction or authority to make decisions on partisan gerrymandering. Supreme Court doesn\u2019t. The lower federal courts don\u2019t. But state courts have been involved in it.<\/p>\n
Now, what it was prior to today\u2019s ruling was politics through the judicial system. Federal judges have no license to reallocate political power between the two political parties. Federal judges have no license to reallocate political power between the two major political parties with no plausible grant of authority in the Constitution. It\u2019s not there. No legal standards to limit and direct their decisions. Federal judges simply don\u2019t have this power. Supreme Court ruling today.<\/p>\n
Chief Justice John Roberts wrote that those asking the top court to block gerrymandered districts effectively sought \u201can unprecedented expansion of judicial power.\u201d And they did. It\u2019s exactly what they wanted. It\u2019s exactly what the Democrats wanted. They wanted the Supreme Court to come in and start telling states that they had no charge over this, they had no control over it, didn\u2019t matter who won elections, that they couldn\u2019t do it.<\/p>\n
And Roberts shot it down. And there are a lot of people shocked by this. You know why? Because this was clear. The Supreme Court followed the Constitution to the letter. There was no doubt about it, no ifs, ands, buts. There was no attempt by the Supreme Court here to usurp any power that the Constitution doesn\u2019t grant them. That is rare today! It is rare for any court to openly reject the opportunity to use and acquire more power.<\/p>\n
And the Supreme Court today said, “You don\u2019t have a right to do it. We don\u2019t have a right to do it. It\u2019s lower federal courts and state courts.” Now, liberal states like Maryland, they can draw the lines as they want. Conservative states, Republican states like North Carolina can draw them as they want. This is how it was intended. This is federalism to the T. And you can tell that this decision is correct by watching the panic or listening to it on the Drive-By Media.<\/p>\n
So just a couple of sound bites here to illustrate. Jeffrey Toobin. He\u2019s a good barometer. He\u2019s the CNN legal beagle. And he\u2019s a good barometer for how the rest of the left and the Drive-By Media\u2019s gonna react to things. And he is in crisis on the gerrymandering decision, calling it a huge victory for the Republican Party. Audio sound bite number one.<\/p>\n
TOOBIN: Huge victory for the Republican Party here because it\u2019s the Republicans who control most of these states, who control Ohio, who control Florida, who will be redistricting following the 2020 census. And now this is a green light to jam all the Democrats into a handful of districts and put the Republicans in control of all of the rest of them.<\/p>\n
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RUSH: Yeah. Now, I forget who it was. I\u2019m watching the panic in the Drive-By Media today on this, and it was somebody on CNN. And they were so worried. \u201cOh, my God. This is the worst thing that could have happened because this is just gonna make America more partisan than ever, and this is stripping away so much power and influence from moderates. It used to be that moderates had a say-so in congressional districts to modify and moderate some of the extreme \u2013\u201d<\/p>\n
But now they don\u2019t. The Republicans can draw the districts they want and put the Democrats where they want them in the states they control. The dirty little secret: The Democrats been the same thing for all these years in the states they win. They have been drawing districts that look like overcooked spaghetti. Some of the strangest looking congressional districts in order to guarantee a Democrat victory.<\/p>\n
Democrats have done this in states they have controlled for decades. There\u2019s nothing new here other than the court refusing to accept the power to go in and tell states how they have to do things. And Democrats are used to courts saving them when they lose elections, hence the panic today.<\/p>\n
BREAK TRANSCRIPT<\/p>\n
RUSH: Our next audio sound bite is audio sound bite number 2. This is Jeffrey Toobin, and he\u2019s not as exuberant over the Supreme Court turning down the administration\u2019s request for a question on citizenship in the next census.<\/p>\n
TOOBIN: I\u2019ve now read the opinion, which helps.<\/p>\n
WOMAN: Great!<\/p>\n
TOOBIN: Or at least I\u2019ve read, uhhh, enough to understand what it is. If you read all the… If you look at the full context, it certainly looks like — to me, anyway — that the citizenship question at the end of the day is gonna wind up on this questionnaire. If you look at what the more conservative justices wrote — and there are five of them on the court — it looks like the question is going to wind up on the surveys. Now, it is also worth… Everything is controversial in this case, including the deadline. Because one version of the deadline is that it\u2019s July 1st. But another version of the deadline is that it\u2019s October.<\/p>\n
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