February 26, 2021

Supreme Court Nomination : NPR

Sen. Ted Cruz, pictured on Capitol Hill on Sept. 24, tells NPR that Choose Amy Coney Barrett shouldn’t recuse herself from any Supreme Court docket choice on the election ought to she be confirmed.

Susan Walsh/Pool/Getty Photographs

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Susan Walsh/Pool/Getty Photographs

Sen. Ted Cruz, pictured on Capitol Hill on Sept. 24, tells NPR that Choose Amy Coney Barrett shouldn’t recuse herself from any Supreme Court docket choice on the election ought to she be confirmed.

Susan Walsh/Pool/Getty Photographs

Senate Republicans plan to maneuver ahead with Choose Amy Coney Barrett’s Supreme Court docket nomination with hearings earlier than the Judiciary Committee beginning Oct. 12.

Barrett’s seemingly affirmation will lock in arguably probably the most conservative Supreme Court docket for the reason that 1930s, with the potential to weaken affected person protections of the Inexpensive Care Act and abortion rights in Roe v. Wade, amongst different choices.

“I feel she’s a robust nominee,” stated Republican Sen. Ted Cruz of Texas, who sits on the committee.

Barrett, a decide on the seventh U.S. Circuit Court docket of Appeals in Chicago, has conservative views on abortion rights, the Inexpensive Care Act, weapons and campus sexual assault points. She clerked for the late conservative Justice Antonin Scalia, calling his “judicial philosophy … mine, too.”

Cruz instructed NPR’s Steve Inskeep on Morning Version that Barrett “has an impeccable background.”

She has solely been on the appeals courtroom since 2017 after President Trump nominated her.

“I feel she dealt with herself fairly effectively” at affirmation hearings in 2017, Cruz stated. “So I feel she has sturdy attributes. My choice is all the time somebody with an extended confirmed report. However I feel she is going to make a robust justice.”

Cruz stated he believes that “Republicans have a a lot lousier report” traditionally than Democrats in the case of appointing Supreme Court docket justices.

“Virtually each Democratic nominee votes precisely because the Democratic president who appointed them would have needed in nearly each case,” Cruz stated. However Republican nominees “bat .500 at greatest.”

Too usually, as Cruz argues in his new ebook, One Vote Away, justices appointed by Republican presidents violate “their oath of workplace and the Structure” by switching to make what he views as liberal choices.

Cruz writes within the ebook that having 5 conservative justices on the Supreme Court docket “can make sure the American experiment continues to thrive, however 5 liberal activist justices may basically remodel our Nation.”

He provides, “And way more usually than we ought to be snug with, we’re
only one vote away from dropping these basic rights and freedoms.”

Barrett’s seemingly affirmation will imply conservatives could have a 6-Three majority on the excessive courtroom. Chief Justice John Roberts, who is taken into account a conservative, has prior to now sided with the courtroom’s liberals in some controversial choices, together with to uphold the ACA. With Barrett’s addition, a possible Roberts swing vote will not be sufficient to sway divided courtroom choices in liberals’ favor.

Essentially the most urgent Supreme Court docket choice could are available in November. Trump stated he expects the election outcomes to finish up on the courtroom and desires 9 justices in place by then. Republican attorneys are on standby to file aggressive authorized challenges round voting points.

Cruz stated he doesn’t suppose Barrett ought to recuse herself from a courtroom choice on the election ought to it come earlier than her as a justice.

“The rationale we want a completely functioning courtroom is to have 9 justices who can resolve any dispute and be sure that the regulation and Structure are adopted,” Cruz instructed NPR.

A Supreme Court docket with eight justices, as it’s now, “lacks the constitutional authority to determine something,” Cruz stated. “And so we may have a number of conflicting opinions from a number of courts of appeals and weeks or months of chaos and uncertainty.”

That differs from what Cruz stated in 2016. After Scalia’s loss of life, Senate Republicans refused to contemplate President Barack Obama’s nominee, Merrick Garland, for a lot of the yr.

“There’s actually lengthy historic precedent for a Supreme Court docket with fewer justices,” Cruz instructed reporters in October 2016.

Republicans now argue they had been justified of their inaction as a result of Obama was a Democrat whereas the Senate was GOP-controlled. This time, they are saying, each the White Home and the Senate are held by Republicans.

Reena Advani and Jim Wildman produced the audio interview.

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