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RUSH: So, ladies and gentlemen, I was watching Judge Gorsuch make his remarks after President Trump had nominated him last night in the East Room of the White House, and he said something that I thought was remarkable. And I thought it was not just remarkable, but extremely helpful for his upcoming confirmation hearings.

Let me see if I can explain to you. ‘Cause I like to make the complex understandable. Judge Gorsuch made the point that he is unhappy with some of his own results. Some of his own rulings make him unhappy or dissatisfied. Now, I knew exactly what that meant, but I wondered how many people watching knew. Not questioning people’s intelligence, but rather understanding really what he meant by that.

What he meant was, it was his way of explaining his judicial independence and the fact that he approaches every case as strictly a student and interpreter of the law. And what he meant was, when he said that several of his own decisions or results disappointed him, it means the law required him to find in a way he personally disagreed, but his personal — he didn’t say this; this is what he meant — his personal political biases or opinions are irrelevant when it comes to applying the law and judging a case.

And I thought, that is gonna be a magic bullet for his confirmation hearings because that sums it all up. I mean, there’s not much you can accuse a guy of when he’s willing to admit that he is perfectly fine with judgments that violate his own wishes. That’s not how the left does it, folks. That’s what packing the court for them is all about. That is what using the judiciary to advance the liberal agenda is all about.

They do explicitly rule on their political biases, not the law. That’s what judicial activism is. That’s what it’s called: judicial activist. Activist judges are judges that don’t interpret the law; they find and adjudicate results that advance their own personal political policy beliefs, and that is precisely how the left does it. And that’s what they demand of judges. When they say a judge is out of the mainstream, which is one of the favorite things of Chuck Schumer to say, “He’s an extremist, he’s out of the mainstream,” what that means is he will not find for the liberal agenda in his rulings. That’s exactly what it means, but nobody calls them out on that.

The media doesn’t call it out. They just leave it standing as some poor guy is out of the mainstream, is an extremist. What that means in liberal-speak is he’s not gonna find for us, he’s not gonna rule that in a way that implements our agenda. And Gorsuch admitted it by saying some of my own rulings disappoint me. I’m sure many people said, “Well, then why did you rule that way?” not knowing what he meant, that he had to find according to the law, not his own personal beliefs.

And so that’s why he’s gonna be called an extremist. That’s why he’ll be said to be out of the mainstream.


RUSH: I want to share with you a little anecdote.  It’s actually a tweet about Judge Gorsuch that demonstrates not only his judicial temperament, but his sense of humor.  It’s a tweet regarding his dissent in a case where his court approved the arrest of a 12-year-old. The court that he was on, the other judges approved of the arrest of a 12-year-old for making burps in school, and he dissented from this ruling, and here is a portion of what Judge Gorsuch wrote.

“If a seventh grader starts trading fake burps for laughs in gym class, what’s a teacher to do? Order extra laps? Detention? A trip to the principal’s office? Maybe. But, then again, maybe that’s too old school. Maybe today you call a police officer. And maybe today the officer decides that, instead of just escorting the now compliant 13-year-old to the principal’s office, an arrest would be a better idea. So out come the handcuffs and off goes the child to juvenile detention. My colleagues suggest the law permits exactly this option and they offer ninety-four pages explaining why they think that’s so. Respectfully, I remain unpersuaded.”

Ninety-four pages explaining why a 12-year-old faking burps in gym class should be arrested and cuffed and taken away to juvie.

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