Judge Nap on SCOTUS: GOP Needs to Prove They’re ‘Trying to Save the Constitution’ from Obama

RUSH TRANSCRIPT:

BARTIROMO: “Who would you want to replace you? And of course they were not talking about death. But in the event that he [indecipherable] a step down, he said — obviously his answer to Chris was, obviously I don’t want someone in there who is going undo everything I’ve done, and I don’t think I need to tell you that, do I? I mean, he was so blunt about that. But we know what Justice Scalia would have wanted.”
NAPOLITANO: “I don’t think I’m speaking heated of school when I tell you it was one of his greatest fears as that all of the work he did could be undone, by a succeed successor and these are thoughts going through people in the white house as we speak when they try and — what he would have wanted.”
BARTIROMO: “You wonder if GOP will look, they’re, you know, the group of know by not even, you know, looking at a nominee who the president may put forth. So there is a plans to walk on the part of the campaigns as well as GOP, right?”
NAPOLITANO: “Yeah, there is. Mitch McConnell doesn’t let this cool to the floor then whoever the Republican nominee for president is, is going to have to defend McConnell’s position and that maybe a defense that that candidate does not want it headache. So this really — so many variations here as to how this can play out it’s almost impossible to predict but those who loved him are sad and crushed by this as you’re welcome imagine.”
BARTIROMO: “Of course, of course what a special man he was. Let me ask you how this takes place you’ve heard from Hillary and Bernie and said president has a responsibility and done that and heard from GOP xaints. So this has become an election issue and campaign issue. How does this change election do you think, judge?”
NAPOLITANO: “Well Marco Rubio and Ted Cruz have been arguing I think quite effectively that this is — four days ago. We’re one vote away from keeping bare arms. One vote away from abortion on demand. But those are now legitimate, valid mainstream arguments to make as is the opposite of those eargts or argument who is thesght of bare arms to go away and abortion on demand to be lawful. Obviously, we live in an age in which foreign forces want to harm us, and war on terrorism main issue. Serious, serious economic issues and you can speak to that far better than had i. But we now have this new issue that is not just one vote away, it is were literally one vote away, and here’s the type of person that I would appoint. Here’s the human being that I would appoint very well you can see some nonpolitical candidate, some named potential nominee, being a major — being vetted and being a major issue in this campaign of the Republicans want to go that far. Because Republicans will have to demonstrate that they’re not just obstructionists but trying to save the Constitution from a president who has very little fidelity to it.”
BARTIROMO: “Real quick judge can you go through real quick some of the cases that are in front of the supreme court u right now, because that’s going to be the argument on the left to baskly say look we need business to keep moving forward. There are important cases right now in front of the Supreme Court.”
NAPOLITANO: “There’s a major affirmative action case before the — before the supreme court. Immigration issue where the lower state has had executive order. There’s a major abortion case where case has upheld a rather restrictive abortion law in Texas. There’s a Major Epa case before the court with supreme court four days ago did the unthinkable which is reach down into a lower court and order it to stay in opinion of the epa that was four to five. So, obviously, that would have been a tie had Justice Scalia not participated and that would have — would not have had effect. If people are worried about — about motions made to the court to change recent decisions because Antonin Scalia is not on the court that won’t happen. Court will not undermine its own credibility by change something that it did last week. But as for those cases that court has heard oral agent on, and has not yet ruled on, there are only 8 humans that can weigh in on that.”
BARTIROMO: “Great insight judge thank you so much.”