That is exactly why they’re put on the court. They are not put on the court because they are profound thinkers. They are not put on the court because they are reliably curious and robust intellectually and because they are and have demonstrated an ability of superior judicial intellect and IQ. They are put there as a vote, a reliable liberal vote. Those four are on the Supreme Court because they will reliably vote the liberal interpretation of every case. Elena Kagan doesn’t have the slightest idea what she is doing. She was nominated and confirmed for one reason. She helped cheerlead Obamacare as a member of the administration. She then prepared the defense of this law while she was the solicitor general.
For that reason alone, she should not be allowed to sit on this case. She should be recused. She should recuse herself. She is there not to examine the case. She is there not to find the truth, and neither is Ruth Bader Ginsburg. And neither is Stephen Breyer. They are not there to find the truth. They are there to create a new one, their version, their view. They believe the Constitution is flawed. They believe that it is a flawed and unjust document that needs to be thrown out. Short of being thrown out, it needs to be altered, rewritten and changed. It is no more complicated than that. I know you’re having trouble getting your arms around it ’cause you don’t think that’s American. You think it’s fully, totally American, the Constitution is it. Everybody embraces it, like the Declaration. No, not these people. They don’t like it.