Moments after lamenting the fact that “most Americans can't name the nine Supreme Court Justices,” Bill O'Reilly proved that most hosts of The O'Reilly Factor also can't name the nine justices of the Supreme Court, warning that Elena Kagan would soon join the “hard-core liberals” on the bench: justices Ruth Bader Ginsburg, Sonia Sotomayor, and David Souter. Of course, Souter is no longer on the court; it was his 2009 retirement that created the vacancy now filled by Justice Sotomayor.
In a segment complaining about Kagan -- Obama's nominee to replace retiring Justice John Paul Stevens -- O'Reilly stated, “Most Americans can't name the nine Supreme Court justices, even though they are the most powerful people in the country, with the exception of President Obama.” He subsequently explained why this is important: Kagan “will be confirmed unless there is some big skeleton in her closet we don't know about. But she will join Sonia Sotomayor, she will join Ruth Bader Ginsburg and David Souter as four hard-core liberals.”
At this point, guest Megyn Kelly interjected -- “Breyer.” See, Souter is not one of the nine Supreme Court justices. He was until his retirement last year, when he was replaced by Justice Sotomayor. At no point was it possible for Kagan to join a “hard-core liberal” bloc of Supreme Court justices that included both Souter and Sotomayor.
Incidentally, O'Reilly also revisited his earlier criticism that Justice Ginsburg “doesn't care one whit about the Constitution.” Kelly told O'Reilly, “You don't know what you're talking about on this.” QED.