This hour of the Limbaugh Wire brought to you by the GOP's “successful failure”
By Greg Lewis

As promised, Mark Davis began the second hour of today's program with an interview of Rep. Mike Pence (R-IN). Not to disappoint, the interview turned out to be chock-full of Republican talking points from Pence. Davis started the interview asking Pence what was happening with the Fairness Doctrine. Pence explained that he had recently been working on the "Broadcasters Freedom Amendment" to be attached to an appropriations bill. It's worth pointing out that the first question Davis asked of his congressional guest was on a policy proposal that the Democratic president does not support. So allow us to be the first to congratulate Davis, Pence, Republicans and conservatives everywhere for their latest victory in this epic shadowboxing match. Pence urged the audience to call their representatives to tell them to give the amendment an up or down vote. Pence said every time freedom gets an up or down vote in the House, freedom wins.

Davis was quick to point out to Pence, however, that liberty came to the floor of the House with the cap-and-trade bill, but freedom “didn't prevail.” Pence explained the bill's passage away -- Republicans were able to change the debate on the bill, and he was confident it would be stopped in the Senate. Quoting from Apollo 13, Pence described the bill as a “successful failure.” Then Davis and Pence spent a few moments discussing the Republicans in Congress who voted for the bill. Davis said they aren't as “hip to the liberty thing” as he and Pence are.

Then Davis asked Pence if the “tide was turning” on Democrats and the Obama administration, pointing to the Rasmussen presidential approval index. Like we said at the top of the previous hour, the Rasmussen presidential approval index is so important in the minds of conservatives that they will pretend that the reams of polling data continuing to show strong support for Obama just do not exist. They love thinking that the American people really dislike the president as much as they do, and selectively citing this finessed bit of boutique polling data allows them to do that. Anyway, Pence said the shift that he has been seeing is from the cumulative weight of this administration and the previous one. Pence said that the Obama administration has taken things from bad to worse. Then he noted the unity of the Republicans in Congress in recent months, asserting that “every single Republican on Capitol Hill” voted against the stimulus and the budget. It's worth pointing out, however, that some Republicans in the Senate, which, at last check, is still part of Capitol Hill, did vote for the stimulus.

Anyway, Pence concluded by declaring this “truism”: that a minority in Congress, plus the American people, equal a majority. In doing so, he exuded an air of confidence that Republicans would take back the Congress in 2010.

That was it for Pence. After coming back from a time-out, Davis had a few more thoughts on the proposed smoking ban for the military. He was wary that recruiting might slow down if new recruits were told they wouldn't be allowed to smoke. He then added that he “hopes Obama knows” that the war on terror must go on indefinitely.

Then Davis took a call from someone who asked if Davis is against a smoking ban, and why he is in favor of sobriety checkpoints, as Davis wrote in a March 9 Dallas Morning News column. Davis defended his position, explaining that sobriety checkpoints are OK if they meet certain conditions, and that neither checkpoints nor smoking bans were unconstitutional. Davis said he just thinks smoking bans in restaurants are “dumb.”

After another break, Davis finally appeared to pull himself away from the smoking ban story, shifting to Judge Sonia Sotomayor and the start of her confirmation hearing next week. Davis declared that the Supreme Court “needs to contain people who are not activists -- and if I may throw in -- not racists, as Judge Sotomayor clearly is.” He continued:

DAVIS: Now there are big-time racists, small-time racists, people who are racist a whole lot, and people who are racist just a little, and you can place her wherever on that spectrum you like. But if the words come out of your mouth, “I would hope that a wise Latina woman with the richness of her experience would more often than not reach a better conclusion -- parentheses -- than a gringo, that is racist.

[...]

DAVIS: Now I'm not going to suggest that this is some seething -- some woman filled with seething hatred and mistrust of white people or anybody else, but there's -- I'm sorry, it's racist.

From here, it was a full-on rant on Sotomayor's nomination to the Supreme Court. Davis said he never wants to hear Republicans who might vote for her confirmation subsequently say one syllable about judicial activism ever again. We have to say, though, that it was almost refreshing to hear Davis stick unflinchingly to his opposition to the ”racist" Sotomayor, as opposed to a certain other conservative radio host who would be fine and dandy with a “racist” on the Supreme Court so long as she is pro-life.

Davis then delved into Sotomayor's “wise Latina woman” remark and the Ricci case. Explaining how justice is supposed to be blind, Davis said:

DAVIS: People like Sonia Sotomayor peeled that blindfold down so we can see, “uh-huh! What color are the people before me?” 'Cause in the firefighter case, she was OK with getting rid of the entire promotional exam because black guys didn't pass it. Well, I'm really sorry that black guys didn't pass it. I'm really, really sorry. So we're gonna deny promotions to the white guys and, ironically, the Hispanic guys who did? That's insane! And we're going to put this on the Supreme Court?

Davis noted that since she would be replacing Justice David Souter, Sotomayor wouldn't really change the complexion on the Court. Davis then expanded upon his feelings on judicial activism, warning that Sotomayor would “shred” the Constitution if she makes it to the Supreme Court.

After the break, Davis took a call from a gentleman pointing out an article in USA Today reporting that Sotomayor has strong support among Hispanics and that many Republicans may vote to confirm her to appease their constituencies. Davis took this opportunity to rail against identity politics and the “wimpy” situation ethics that some politicians use, which “got us into this situation” in the first place. Davis says that senators from states with high Latino populations should tell their constituents that they are waiting for a Hispanic nominee who they can vote for. Davis says this is just like him eagerly awaiting a black presidential candidate whom he can vote for.

Simon Maloy, Hannah Dreier, and Zachary Pleat contributed to this edition of the Limbaugh Wire.

Highlights from Hour 2

Outrageous comments

DAVIS: Lately, you've had Mitch McConnell, the most powerful Republican in America as the Senate minority leader, and Jeff Sessions of Alabama, ranking Republican on the Judiciary Committee, these guys have been saying some stuff that gives a fellow hope that maybe some people mean it when they talk about a Supreme Court that needs to contain people who are not activists -- and if I may throw in -- not racists, as Judge Sotomayor clearly is.

Now there are big-time racists, small-time racists, people who are racist a whole lot, and people who are racist just a little, and you can place her wherever on that spectrum you like. But if the words come out of your mouth, “I would hope that a wise Latina woman with the richness of her experience would more often than not reach a better conclusion, parentheses, (than a gringo), that is racist.

[...]

DAVIS: Now I'm not going to suggest that this is some seething -- some woman filled with seething hatred and mistrust of white people or anybody else, but there's -- I'm sorry, it's racist.

[...]

DAVIS: The definition of being a judge requires that you forget how you feel, that you completely subjugate and suppress and shelve and put aside, for the purpose of your decision, how you feel about the folks before you, the parties before you. That's why the statue is blind.

People like Sonia Sotomayor peeled that blindfold down so we can see, ”uh-huh! What color are the people before me?" 'Cause in the firefighter case, she was OK with getting rid of the entire promotional exam because black guys didn't pass it. Well, I'm really sorry that black guys didn't pass it. I'm really, really sorry. So we're gonna deny promotions to the white guys and, ironically, the Hispanic guys who did? That's insane! And we're going to put this on the Supreme Court?