Cruz on Chief Justice John Roberts: “Yes, it was a mistake…”

Here is Cruz stating flat out during Wednesday night’s debate that appointing the Chief Justice John Roberts was a mistake.  And a mistake driven by the desire to find less controversial nominees, instead of “rock-ribbed” conservatives:

CRUZ: Well, Dana, I’ve known John Roberts for 20 years, he’s amazingly talented lawyer, but, yes, it was a mistake when he was appointed to the Supreme Court. He’s a good enough lawyer that he knows in these Obamacare cases he changed the statute, he changed the law in order to force that failed law on millions of Americans for a political outcome.

And, you know, we’re frustrated as conservatives. We keep winning elections, and then we don’t get the outcome we want. And, let me focus on two moments in time.

Number one, in 1990, in one room was David Souter, and in another room was Edith Jones, the rock ribbed conservative on the fifth circuit court of appeals. George Herbert Walker Bush appointed David Souter.

And then in 2005, in one room was John Roberts, in another room was my former boss, Mike Luttig, the rock ribbed conservative on the Fourth Circuit Court of Appeals…

TAPPER: Thank you, Senator.

CRUZ: …George W. Bush appointed John Roberts, and let me give you the consequences of that.

If, instead, the President Bush had appointed Edith Jones, and Mike Luttig, which is who I would have appointed, Obamacare would have been struck down three years ago, and the marriage laws of all 50 states would be on the books.

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15 Greatest Arguments Against Same-Sex Marriage by the Chief Justice

Photo credit: Joshua Pinho

Chief Justice John Roberts’ dissent in Obergefell (imposing same-sex marriage in all 50 states) was hardly less blistering than the infamously sharp-tongued Justice Scalia.  Here are his top 15 critiques for Justice Anthony Kennedy’s opinion for the majority uncovering a new right to gay marriage:

15. Marriage is not irrational. “The fundamental right to marry does not include a right to make a State change its definition of marriage. And a State’s decision to maintain the meaning of marriage that has persisted in every culture throughout human history can hardly be called irrational.”

14. Kennedy stopped debate. “Supporters of same-sex marriage have achieved considerable success persuading their fellow citizens—through the democratic process—to adopt their view. That ends today. Five lawyers have closed the debate and enacted their own vision of marriage as a matter of constitutional law. Stealing this issue from the people will for many cast a cloud over same-sex marriage, making a dramatic social change that much more difficult to accept.”

13. His opinion is based on arrogance, not law. “The majority’s decision is an act of will, not legal judgment. The right it announces has no basis in the Constitution or this Court’s precedent. . . . As a result, the Court invalidates the marriage laws of more than half the States and orders the transformation of a social institution that has formed the basis of human society for millennia, for the Kalahari Bushmen and the Han Chinese, the Carthaginians and the Aztecs. Just who do we think we are?”

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