Bill O'Reilly: The United States of loopholes
By: StaffJuly 2, 2013
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By Bill O'Reilly

Because I am a simple man, we all know that, all the Supreme Court business is way too confusing for me. So I spent a lot of time trying to break it down so everybody can understand what's going on.

"Talking Points" now believes the Supreme Court has morphed into a political organization, not a body that seeks to uphold the Constitution.

So now we have three political concerns in the USA, the House, the Senate, and the Supreme Court. Not what the founding fathers wanted. They gave the highest court in the land enormous power to make sure that Congress and the President obey the Constitution.

ObamaCare and gay marriage are the best examples of how the Supreme Court has gone against what the founders really wanted. There's no way on earth that the federal government should have the power to compel Americans to buy any product, including health insurance. The only exception is public safety as in automobile insurance. If somebody hurts with you a vehicle, they must be able it to pay compensation. So the states mandate car insurance.

But five members in the Supreme Court ruled that the feds can now order everyone to buy expensive health insurance and the feds will dictate how that happens. And punish you if you don't comply. Again, there is no way the founders would ever have condoned that. But the vote decider, Chief Justice John Roberts found a legal loophole to justify its support.

On the gay marriage front, the Court actually got it right when it ruled that marriage should be decided by the individual states. If the folks in Vermont for example, want a secular progressive society that's up to them; but if voters in Texas want a more traditional society that sentiment should be respected as well.

So the gay marriage issue should be decided by each state. California did decide it. In November 2008, 52 percent of Californians voted for traditional marriage only but Governor Schwarzenegger and Brown and the powers that be in Sacramento refused to support the vote when a judge struck it down. So the Supreme Court heard the case, and once again found a loophole to nullify two votes. Not one, two against gay marriage.

The Supreme has ruled five to four that supporters of traditional marriage had no legal standing to challenge the judge who struck it down. Ridiculous? You bet. Absurd it was all a big con. Justices finding a way to support their political opinions by manipulating the law, anyone with a law degree can do that, anyone.

Now the main reason the courts will not uphold traditional marriage is because of the discrimination accusation. If you're against gay marriage then you are denying a segment of the American population their constitutional rights. That argument was destroyed yesterday by Ralph Reed.


RALPH REED, FAITH AND FREEDOM COALITION FOUNDER: This suggestion that because somebody wants to affirm the institution of marriage that they are ipso facto intolerant, by that argument Barack Obama was intolerant 14 months ago. By that argument, 342 members of a House, 85 members of the Senate, including by the way Joe Biden, Harry Reid, Pat Leahy, who all voted for this law and Bill Clinton who signed it into law were intolerant and motivated by an animus and a hatred for gays.


O'REILLY: He talked about the DOMA, the Defense of Marriage Act. Now, remember, the Defense of Marriage Act was signed in '96 by then President Clinton and President Obama ran twice, twice opposing gay marriage both times. Now, he's changed his mind.

"Talking Points" doesn't want to discriminate against anyone. I want all Americans to have an equal pursuit of happiness, but I also want we the people to have the primary power to decide what kind of country we should have. That means you don't find loopholes to nullify legitimate votes. The Supreme Court is now deciding issues along political lines rather than constitutional principles. And that is drastically changing this nation for the worse.

And that's "The Memo."

— You can catch Bill O'Reilly's "Talking Points Memo" weeknights at 8 and 11 p.m. ET on the Fox News Channel and any time on Send your comments to:

Transcript Date: 
Mon, 07/01/2013
Transcript Show Name: 
O'Reilly Factor
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