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.