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Levin: 'Shame on' Kavanaugh and Barrett for Refusing to Do Their 'Damn Job'

By Emma Riley | February 23, 2021 | 5:41pm EST

“Shame on" Supreme Court Justices Brett Kavanaugh and Amy Coney Barrett," radio host Mark Levin said Monday. "They have helped to pour fuel on the fire of the division of this country by failing to uphold the United States Constitution and drawing a line; that’s their damn job, not to interfere in all these other matters."

Levin was discussing the Supreme Court's 6-3 decision not to hear cases pertaining to the 2020 presidential election.

"The one to me that was the strongest of the cases was the one that was a straight-up challenge under Article II, Sect. 1, Clause 2 of the Constitution, which is very simple," the host said. "That is that the Supreme Court of Pennsylvania, the Attorney General of Pennsylvania, and the Secretary of State of Pennsylvania have absolutely no authority to substantively change election laws in the state."

Below is a transcript of this portion of "The Mark Levin Show": 

Mark Levin: On the Pennsylvania case; I'm going to be familiar with both of them. The one to me that was the strongest of the cases was the one that was a straight-up challenge under Article II, Sect. 1, Clause 2 of the Constitution, which is very simple. That is that the Supreme Court of Pennsylvania, the Attorney General of Pennsylvania, and the Secretary of State of Pennsylvania have absolutely no authority to substantively change election laws in the state. That’s precisely what they did. Now, that’s not the way it’s explained by Reuters or AP or any other news organizations, but that’s exactly what they did. Now you have three justices who wanted to hear that case, six who did not. So what happens next cycle, which is exactly the point of the dissent. We are going to be right back here again because this wasn’t resolved and I can guarantee you that the leader of this sort of rogue effort is the Chief Justice of the United States, John Roberts. But the fact that Coney and Kavanaugh joined with Roberts and the leftists on the court is appalling.

What is the use of the Supreme Court? It gets involved in every damn thing imaginable. Every cultural issue has to be run by the Supreme Court, whether it’s abortion or prayer, whether its nativity scenes, whether its marriage. Every single cultural issue is run by the Supreme Court -- why? All they are are lawyers. Why do they control what happens in every state, in every town, and in every public square? But here we have something that occurred under the federal Constitution, where the Framers could not have been clearer -- the state legislators, even John Roberts should be able to read that. But six of them, including Kavanuagh and Coney -- the great Kavanaugh and the great Coney -- decided not to get involved. Shame on them. They have helped to pour fuel on the fire of the division of this country by failing to uphold the United States Constitution and drawing a line; that’s their damn job, not to interfere in all these other matters.

Now the second Pennsylvania case, which is straightforward, black and white, simple as can be -- the Pennsylvania state legislature, Republican, and the Democrat governor conspired to violate their own Constitution. Now you might say "what does that have to do with the federal government?" Nothing, except it involves the selection of electors who chose the president and vice president of the United States. So it has everything to do with the federal Constitution; it's not a federalism issue. In other words, state legislatures are free to conduct themselves as they wish within the civil rights requirements and so forth. But they're not free to violate their own Constitution, in order to create a situation where you have tainted electors being counted in Washington, D.C. on the day those electors are counted. So they disenfranchised the people in Pennsylvania by not actually amending the Constitution, by effectively passing a statute in lieu of an amendment that allowed for mail-in voting and they felt pressure to do it because of the pandemic.

We're destroying our country based on this pandemic, you understand. The left is running right through it. That was a simple up-and-down case and the state Supreme Court of Pennsylvania, with a variety of outrageous tricks, wouldn’t even hear it. The appellate court in Pennsylvania, this appellate judge -- she was fantastic and courageous -- she said "yes, I'm going to hear this case because the plaintiffs in this case make a very serious argument that our state Constitution was violated and that it taints and has an effect on the federal constitutional process." She was shut down in 72 hours by a partisan, elected state Supreme Court. Shut down. And then they shut down the petitioners; they made it impossible for the petitioners to even have their day in the state Supreme Court and now they don’t get their day in the federal Supreme Court. So there’s your court system, ladies and gentlemen. What a crock. What a joke. Good job, John Roberts. 

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