Sen. Ted Cruz Says Judge Amy Coney Barrett ‘Will Make A Strong Justice’

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Sen. Ted Cruz, pictured on Capitol Hill on Sept. 24, tells NPR that Judge Amy Coney Barrett should not recuse herself from any Supreme Court decision on the election should she be confirmed.





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Law
Amy Coney Barrett: A Dream For The Right, Nightmare For The Left

Cruz said he believes that «Republicans have a much lousier record historically than Democrats when it comes to appointing Supreme Court justices.

«Almost every Democratic nominee votes exactly as the Democratic president who appointed them would have wanted in virtually every case, Cruz said. But Republican nominees «bat .500 at best.

Too often, as Cruz argues in his new book, One Vote Away, justices appointed by Republican presidents violate «their oath of office and the Constitution by switching to make what he views as liberal decisions.

Cruz writes in the book that having five conservative justices on the Supreme Court «can ensure the American experiment continues to thrive, but five liberal activist justices could fundamentally transform our Nation.

He adds, «And far more often than we should be comfortable with, we are
just one vote away from losing these fundamental rights and freedoms.

Barrett’s likely confirmation will mean conservatives will have a 6-3 majority on the high court. Chief Justice John Roberts, who is considered a conservative, has in the past sided with the court’s liberals in some controversial decisions, including to uphold the ACA. With Barrett’s addition, a potential Roberts swing vote will no longer be enough to sway divided court decisions in liberals’ favor.



Elections
What Amy Coney Barrett’s Supreme Court Nomination Means For The 2020 Election

The most pressing Supreme Court decision may come in November. Trump said he expects the election results to end up at the court and wants nine justices in place by then. Republican lawyers are on standby to file aggressive legal challenges around voting issues.

Cruz said he does not think Barrett should recuse herself from a court decision on the election should it come before her as a justice.

«The reason we need a fully functioning court is to have nine justices who can resolve any dispute and ensure that the law and Constitution are followed, Cruz told NPR.

A Supreme Court with eight justices, as it is now, «lacks the constitutional authority to decide anything, Cruz said. «And so we could have multiple conflicting opinions from multiple courts of appeals and weeks or months of chaos and uncertainty.

That differs from what Cruz said in 2016. After Scalia’s death, Senate Republicans refused to consider President Barack Obama’s nominee, Merrick Garland, for most of the year.

«There is certainly long historical precedent for a Supreme Court with fewer justices, Cruz told reporters in October 2016.

Republicans now argue they were justified in their inaction because Obama was a Democrat while the Senate was GOP-controlled. This time, they say, both the White House and the Senate are held by Republicans.

Reena Advani and Jim Wildman produced the audio interview.