Fox News Megyn Kelly slams Ted Cruz’s Supreme Court fix
Ted Cruz appeared on Megyn Kelly's Fox News show to hawk his new book "A Time for Truth: Reigniting The Promise of America." Megyn Kelly took the opportunity to grill Cruz on his proposed fix to the Supreme Court.
Ted Cruz wrote an oped in the National Review in which he said the following.
The time has come, therefore, to recognize that the problem lies not with the lawless rulings of individual lawless justices, but with the lawlessness of the Court itself. The decisions that have deformed our constitutional order and have debased our culture are but symptoms of the disease of liberal judicial activism that has infected our judiciary. A remedy is needed that will restore health to the sick man in our constitutional system.
Rendering the justices directly accountable to the people would provide such a remedy. Twenty states have now adopted some form of judicial retention elections, and the experience of these states demonstrates that giving the people the regular, periodic power to pass judgment on the judgments of their judges strikes a proper balance between judicial independence and judicial accountability. It also restores respect for the rule of law to courts that have systematically imposed their personal moral values in the guise of constitutional rulings. The courts in these states have not been politicized by this check on their power, nor have judges been removed indiscriminately or wholesale. Americans are a patient, forgiving people. We do not pass judgment rashly.
"Let's start with that plan for the U.S. Supreme Court," Megyn Kelly said. "I know you are unhappy with the decisions. But Alexander Hamilton, 'The complete independence of the courts is peculiarly essential in a limited constitution. Now you want to rewrite the constitution in response to a couple of decisions you don't like?"
Ted Cruz's response was to regurgitate his upset with the rulings. He continued his lies about Obamacare not working even though that is not a constitutional issue and there is absolute proof Obamacare has been effective. He then claimed that the justices are simply making it up on the same sex marriage issue.
Megyn Kelly again called him out. "Because of a decision that you feel was politically motivated by the justices who are in the majority," Megyn Kelly said. "You want to make the court more political?"
Ted Cruz responded that the framers of the constitution believed that the check on the Supreme Court was impeachment. He then stated that impeachment is impossible because of the polarization within the Senate. Ted Cruz, the strict 'constitutionalist', who in the past has acted as if the founding fathers were infallible now think them fallible because he does not like the outcome of a few cases.
Megyn Kelly then illustrated how ridiculous Ted Cruz's solution would be. Moreover, his demagoguery likely would further hurt his supposed Conservative cause.
"How would an electorate that twice elected Barack Obama create a court that you like better than the one we have now," Megyn Kelly asked. "What if the people bounced out Scalia, Alito, and Thomas and we had a President Obama in the White House."
Ted Cruz responded that 20 states implemented judicial retention and they have worked. He should have said they have worked to promote the will of corporations and the plutocracy.