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<\/p>\nJASON: You\u2019ve gotta understand the difference between majority rule and mob rule. That\u2019s why Franklin supposedly said, “A republic, if you can keep it.” There was actually a great controversy as to whether that went down. But regardless, it\u2019s a good line. (chuckles) Think about Section 4, Article 1: “The times, places, and manner of holding elections for senators and representatives has been prescribed in each state by the legislature thereof.”<\/p>\n
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Article 2: “Each state shall appoint — in such manner as the legislature thereof may direct — the number of electors.” Now, what would happen, do you suppose, my friends, if H.R. 1, which seeks to federalize elections…? This is the federalizing of elections thanks to COVID. No deadlines, all mail-in, universal mail-ins, no voter ID.<\/p>\n
It would ban voter ID, effectively. What would happen if the Supreme Court said, “Gang, we finally have to rule on this. Our back\u2019s against the wall. We don\u2019t like to do it. After all, we are the Roberts court. We don\u2019t like to do it, but we finally gotta rule on this, and you can\u2019t do this.” Why, the Democrats would then turn on the court.<\/p>\n
The Democrats might even unleash the mob on the court the way Chucky Schumer did. The threats are going unabated. Literally we\u2019ve got one party in America that thinks they can threaten their opponents, whether it\u2019s false Russian conspiracies, whether it\u2019s a corrupt intelligence bureaucracy and a corrupt DOJ, whether it\u2019s going after people who trespass and call them insurrectionists while letting rioters run free.<\/p>\n
We have the governor of Minnesota taking about “yet another black life taken,” when in fact we don\u2019t know the circumstances. They\u2019re doing it deliberately, and now they\u2019re going after the court. But the problem is, they\u2019ve got history not on their side, especially with this president, but the other side. It wasn\u2019t that long ago we found out that Biden actually opposed undoing the filibuster. If you remember, audio 6, he didn\u2019t like packing the Supreme Court either.<\/p>\n
BIDEN: President Roosevelt clearly had the right to send to the United States Senate and the United States Congress a proposal to pack the court. It was totally within his right to do that. He violated no law. He was legalistically, absolutely correct. But it was a bonehead idea. It was a terrible, terrible mistake to make, and it put in question, for an entire decade, the independence of the most significant body — including the Congress, in my view, the most significant body — in this country, the Supreme Court of United States of America.<\/p>\n
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JASON: Now, that\u2019s exactly right, showing that even a blind squirrel can find an acorn once in a while. Biden was right, and he basically said the court is counter-majoritarian. The court is not supreme. Jefferson was right about judicial review. It has to be limited just like anything else. Congress can limit it by impeaching judges.<\/p>\n
They can remove appellate jurisdiction. But nevertheless, the court\u2019s independence is what\u2019s being threatened. They are now doing to the court what they\u2019ve been doing to cops — intimidating it — and that\u2019s why Rush when he talked about the threat to the Supreme Court was, as usual, spot on.<\/p>\n
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\u2019 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\u2019 the court in the near future.” Now, you\u2019re probably saying, “What the hell is that about? What the hell did the Supreme Court do to tick these people off?”<\/p>\n
Well, A, Clarence Thomas is there. Kavanaugh is there. Alito is there. There\u2019s a bunch of conservatives on the court.<\/p>\n
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“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\u2019s conservative majority in claiming it is suffering from some sort of affliction which must be remedied.”<\/p>\n
The brief that these Democrat senators filed said, “The Supreme Court is not well. And the people know it,” and they\u2019re threatening! If the Supreme Court doesn\u2019t stop this, if the Supreme Court doesn\u2019t start ruling the way that the Democrat Party wants, then they\u2019re 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\u2019t change its ways.<\/p>\n
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\u2019ve 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.<\/p>\n
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\u2019t stop this, if you don\u2019t change the way you\u2019re ruling — this is not what they\u2019re saying but it\u2019s essentially what they\u2019re saying, the same thing as — then we\u2019re going to get hold of this court next time a Democrat is in the White House, we\u2019re going to expand this court to 12 seats or 15. And it\u2019s going to be nothing but Democrats on it, new seats.<\/p>\n
“Dramatic changes to the Supreme Court have been proposed by several Democrats vying for their party\u2019s 2020 presidential nomination. … ‘The Supreme Court is not well. And the people know it.'” All this is, folks, it\u2019s 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.<\/p>\n
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\u2019re not going to lose the power to establish the culture and the law even if they don\u2019t have the power of the White House and Congress behind them.<\/p>\n
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\u2019s going to come of it. It\u2019s just a threat. I wouldn\u2019t be surprised if the next time a Democrat\u2019s in the White House they do try to expand the court and pack it.<\/p>\n
JASON: You know, President Trump did get the next appointment, Amy Coney Barrett, and think about where we would be on religious worship, on the First Amendment, on freedom of speech, on the Second Amendment (they\u2019re going after that), on searches and seizures, thanks to the false Russian conspiracy hoax and what the FISA court — which I am voted against, by the way, in Congress. Proud to say that.<\/p>\n