Supreme Dreamin': Ann Coulter Reveals Her Pick for the High Court

This is a partial transcript from "Hannity & Colmes," July 8, 2005, that has been edited for clarity.

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RICH LOWRY, GUEST CO-HOST: a bitter battle is already underway to fill the vacancy on the Supreme Court. Sean and Alan recently sat down with Ann Coulter, the author of "How to Talk to a Liberal (If You Must)," and asked her about the controversy. Take a look.

(BEGIN VIDEOTAPE)

SEAN HANNITY, CO-HOST: Ruth Bader Ginsburg has an easy time, Breyer has an easy time. If you're Janet Reno, you have an easy time. But if you're Ashcroft, if you're Gonzales, if you're Bork, if you're any conservative, you get hammered.

ANN COULTER, AUTHOR, "HOW TO TALK TO A LIBERAL (IF YOU MUST)": Right, right. And then they cite the fact that Republicans rolled over for all their appointments, including their insane appointments like Ruth Bader Ginsburg. As you see, she was a moderate. Who knew? Republicans rolled.

HANNITY: The former general counsel for the ACLU.

COULTER: Right.

HANNITY: Why did so many Republicans go out, and I went back and looked at the quotes, said the most wonderful things about Ruth Bader Ginsburg? What was that all about?

COULTER: Yes, Charles Grassley. I used to quote him often on that. No, they all did. Because this is — this is what Republicans are like. I don't know. They need to read "How to Talk to a Liberal."

HANNITY: Barbara Boxer, Biden, Kennedy, Feinstein, Leahy have all used the "F" word: "filibuster."

COULTER: Right. And it's curious that all of the ones on the Judiciary Committee for the Democrats are from very safe seats and from states where they will not have to face election or reelection. I mean, that is the interesting dynamic that's going on with Supreme Court nominations.

The reason the Supreme Court is so important to the left, so important to the left is they can get everything they can't get through democracy handed to them as a constitutional right: Sodomy, abortion, gay marriage. "Oh, we just discovered it in the Constitution." If they can win that by allowing Americans to vote, they wouldn't need the courts, which is why you're going to hear a lot of nonsense and, you know, individual rights.

HANNITY: We had this memorandum of understanding, and there's not going to be any more filibusters. But yet on John Bolton the next day...

COULTER: Right.

HANNITY: ... these seven so-called moderates filibustered. But do we doubt, do we have any doubt that it's going to be deemed an extraordinary circumstance, that this is a Supreme Court justice we're talking about? Do the Republicans, the seven so-called moderates, do they really believe that this isn't going to be filibustered if an originalist, if a Scalia, if a Thomas is put on this — put up there?

COULTER: Well, I'm certain that their side is going to want to filibuster. Yes, we'll hear about lifetime appointments, individual rights.

HANNITY: Will they win? Can they win?

COULTER: No, I don't think so.

HANNITY: Will the seven moderates help the Republicans?

COULTER: I don't think so. I don't think it matters. I don't think they can Bork a candidate these days. Unfortunately, Bork isn't 20 years younger.

HANNITY: Why?

COULTER: Because we've got you, Sean. We have Matt Drudge. We've got PowerLine. We've got David Limbaugh and me. Because they don't control the media the way they used to, which is why they're going out of their minds.

HANNITY: Judge Bork said that the other day. He said they didn't fight for him enough. He said they weren't prepared for the battle. They weren't prepared for the attacks. He says if they are this time, and I have no doubt they are...

COULTER: I don't know about that.

HANNITY: ... unless they — well, we keep hearing Alberto Gonzales, who will be opposed by conservatives.

COULTER: Right. Including me. But I don't think it will be Alberto Gonzales. I don't think it's going to be anyone who's being named right now.

COLMES: Who do you want?

COULTER: Thank you for asking. I want Ben Shapiro.

COLMES: Ben Shapiro.

COULTER: Yes. He just finished his first year at Harvard Law, 21 years old.

COLMES: You mean for a date or for the court?

COULTER: No, for the court. He's my candidate. He's very bright. He's already written one best-selling book.

(CROSSTALK)

COLMES: You want to put a 21-year-old guy on the court?

COULTER: Twenty-one, and he's just finished first year of Harvard Law.

COLMES: So you want someone who's going to be on the court for 50, 60 years? Is that — is that the whole idea?

COULTER: No, I just happen to like Ben Shapiro.

COLMES: Did I just hear you say liberals are going to want nonsense like individual rights?

COULTER: No, they're going to describe discovering sodomy, gay marriage and abortion in the Constitution as individual rights.

And actually, I may be disagreeing with Sean on one thing. I don't know that the White House is prepared.

COLMES: Oh, come on. Don't stop at one.

COULTER: I don't think the White House is prepared, at least from what they're saying. They seem to think that, oh, gosh, don't mention abortion, don't mention sodomy.

But this is the point I'm making. If the country were with liberals on those issues, then they wouldn't be so terrified of the court. All that happens when — when judges look at the Constitution, or anyone. You can do this at home. Look at the Constitution. There's nothing about sodomy or abortion or gay marriage. When you find that it's not in the Constitution, that means you have to vote on it.

COLMES: Wait a minute. There's also nothing in the Constitution that says the government can get in the way of a person's right to have an abortion.

COULTER: Right.

COLMES: Or to do what they want to do, consensually, among adults.

COULTER: Right.

COLMES: So where in the Constitution does it take away someone's right to do that?

COULTER: It does not. That's a very important point, Alan. This is why this is (INAUDIBLE) day for conservatives. And that is all that happens if you had all Scalias on the court is you people get to vote on these issues. Right now, you're not allowed to vote.

COLMES: Right. But here's interesting, in terms of voting and what the legislature does, the justice who's more than any other justice voted to overturn what the legislature does is Clarence Thomas. When you talk about activist judges, he more than anybody else...

COULTER: No, but that's not what activism is.

COLMES: ... voted for decisions that would have overturned legislation.

COULTER: What activism — it depends on what the law is. I mean, if New York passes a law establishing Methodism as the religion of New York, that would be overturned by the Supreme Court, because there is an amendment that says Congress — oh, actually, I don't think it would. I take that back. When Congress passes a law...

COLMES: But you're in the group who often states states' rights and favors the idea of states' rights.

COULTER: No, no, no, but it's not states' rights or federal rights, it's whether it's in the Constitution. You can't do something that violates the Constitution. But you can't be looking at the Constitution and imagining that it says anything about abortion.

COLMES: OK, if there's nothing in the Constitution that gives the government the right to prevent a woman's right to choose, where does the government then have the right to come in and make that choice for women?

COULTER: No, you — the whole world. States can do whatever they want except the things that they can't do in the Constitution.

COLMES: By the way, let's talk about consultation.

COULTER: So — wait. That's a very important point you are raising. I mean, once Roe is overturned — and by the way, and it's not going to be, even if we get two Supreme Court justices on, it's not going to be in the next court.

COLMES: Let's hope not.

COULTER: It was a 6-3 decision. But when Roe v. Wade is overturned, and it will be by the end of my lifetime, that doesn't mean abortion is legal. All it means is states get to do whatever they want. I promise you it's all going to be...

COLMES: Then poor women will have to travel to get abortions to other states. And that's the problem; it's not equality under the law. You're going to have a battle on your hands when that happens.

COULTER: Maybe not. You can change the minds of people. I promise, it's never going to be illegal in this state.

HANNITY: Liberals will raise money for that cause. I have no doubt.

COULTER: It's never going to be illegal in this state.

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