Conservative radio host Mark Levin slammed the Supreme Court’s decision not to take up a case challenging the election in Pennsylvania and accused the court of ducking and “hiding under the proverbial table” due to fear of political ramifications.
“This was a black-letter law case,” Levin said on his nationally syndicated radio show Tuesday night, following the Supreme Court’s decision not to hear a case challenging the constitutionality of Pennsylvania’s mail-in votes. “But I think the Supreme Court justices — now, I think they’re very fearful. I think they’re fearful the way Justice Owen Roberts became fearful after FDR tried to pack the Supreme Court. And then the Supreme Court would issue rulings 5-4, or 5-4, or 5-4 over and over again with Owen Roberts. Switching in support of FDR’s programs before that, they were knocking them down because FDR threatened to pack the court.”
Levin made the case that the court “knows full well” that there’s no way to stop the Democrats from packing the Supreme Court if they control the Senate and the White House and that the judges were influenced by that reality in this case.
“These justices sat in their conference room,” Levin said, “and had a long talk, not so much about the law in the Constitution but of our politics and the political ramifications of what would happen to their institution, which is now being threatened. And I think they made a terrible decision, and I think history will judge it that way.”
Levin said “all this court had to do early on” was to “follow Article II” of the Constitution.
“I think they’re scared to death,” added. “I think they’re very worried about what’s going to happen. I think they think we’re going to lose Georgia. I think they think Biden will be sworn in. And I think they think that any step they take to enforce the federal Constitution against a lawless Democrat Party, lawless state supreme courts and so forth, acting on behalf of the Biden campaign, acting on behalf of the Democrat Party, I think they think that will further instigate and motivate actions taken against the Supreme Court.”
“I think this court is hiding under the proverbial table,” Levin said to close out the segment.
Levin also discussed the ruling on Twitter, where he criticized a summary of the case written by former prosecutor Andy McCarthy.
“Rambling, incoherent, and projecting,” Levin tweeted along with an article written by McCarthy at the National Review. “The Court ducked. Has nothing to do with latches. Nothing to do with safe harbor. Nothing to do with ambiguity about the PA constitution. The Court issued a one sentence order without a word of explanation.”
Levin continued: “Unless it takes up the case when the petitioners file as a writ on the merits, it’ll be a disastrous precedent for decades to come. The Supreme Court acted with far less authority in Bush v. Gore in 2000. It’s that simple.”
2. Unless it takes up the case when the petitioners file as a writ on the merits, it’ll be a disastrous precedent for decades to come. The Supreme Court acted with far less authority in Bush v. Gore in 2000. It’s that simple.https://t.co/QGAlM2iUBd
— Mark R. Levin (@marklevinshow) December 9, 2020
