Cruz Knew Justice Roberts Was No Conservative When He Supported Him In 2005

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Cruz Falsely Argued That Trump Would Support Liberal Judges – Something Cruz Did With Roberts

 

In 1999 Ted Cruz went to work for George W. Bush as a domestic policy advisor on his 2000 campaign. He had responsibility for anything that was related to the law. When the Florida recount debacle came about, it was his job to assemble a legal team. The second call he made and the second person he recruited was the future Supreme Court Chief Justice John Roberts. The same Roberts who Cruz has dismissed his support of in presidential debates, the guy who many American conservatives feel completely betrayed them. Cruz said, “John had been a friend and a Rehnquist clerk—I’ve known John a long time.”

He applied that longtime knowledge to an endorsement made in the National Review in an article promoting Roberts titled The Right Stuff on July 20 of 2005.

Cruz said of Roberts, “There are some who have raised complaints that his two years on the bench provide insufficient record for them to assess (and attack) his jurisprudence. That complaint misses the mark for three reasons. First, his judicial record would have stretched 14 years, had Senate Democrats not delayed its consideration twice, in 1991 and again in 2001. When his nomination did finally make it to the Senate floor, in 2003, he was confirmed by unanimous consent. Second, many distinguished jurists, such as Chief Justices William Rehnquist and Earl Warren and Justices O’Connor, Souter, and Thomas, similarly had very limited experience on the federal bench prior to ascending to the Court. And third, although two years on the bench provides a limited number of opinions, he has a far longer record that is relevant: his professional career as a Supreme Court litigator.

 

So, in Cruz logic, it’s not Roberts’ fault that he can’t be judged by his record therefore it’s not a legitimate concern; take two years, sit down and be quiet. Others with only two years turned out okay so we’ll always get lucky; vetting is overrated. Just look at the cases he took on as a lawyer; a paid lawyer who may or may not be arguing positions he believes in.

He then illustrated the weakness of that position himself in his same endorsement as he is applauding the snarking, flippant response of Roberts to a devastated client. Cruz wrote glowingly of Roberts, “He didn’t always prevail; but, even in loss, his quick wit remained. As he observed to one unsuccessful client, aghast and asking why they had lost their case 9-0, he replied, ‘well, there are only nine justices.’”

Cruz and Roberts may have gotten a good chuckle out of that one, it’s not likely the distraught client did and it vividly demonstrates the emptiness of an argument that his career as a Supreme Court litigator is any kind of a guide to future decision making.

 

Cruz wrote, “As an individual, John Roberts is undoubtedly a principled conservative, as is the president who appointed him. But, as a jurist, Judge Roberts’s approach will be that of his entire career: carefully, faithfully applying the Constitution and legal precedent. He is a mainstream judge, respected across the ideological spectrum. Thus, he’s earned praise from liberal icons such as Harvard Law Professor Larry Tribe, and Chicago Law Professor Cass Sunstein, as well as from Clinton Solicitors General Walter Dellinger and Seth Waxman, and Carter and Clinton Counsel Lloyd Cutler, the latter two of whom both described Roberts as a man of “unquestioned integrity and fair-mindedness.”

How, when Cruz described him at the time as a “mainstream judge,” one that is middle of the road by definition, and supported by leftists including the extremist Cass Sunstein, a prominent fixture in the Obama regime, can he pretend that Roberts is a conservative or that he believed him to be a conservative? He’s making the exact opposite argument in singing his praises.

His next line affirms his position, stating “The Senate should confirm him swiftly.”

Maybe Cruz and his colleagues shouldn’t have acted so swiftly and taken a little more time, holding out for a real conservative, not a phony like Roberts. Cruz is a phony as well in depicting himself as an outsider. He’s worked for the system his entire career, in and out of DC, since before Bush and Gore were battling over hanging chads.

He claims he wanted a conservative at the time, he knew Roberts well. He knew exactly what he was. We’re learning exactly what Cruz is as this campaign progresses as well.

I’m Rick Wells – a conservative writer who recognizes that our nation, our Constitution and our traditions are under a full scale assault from multiple threats. I’m not PC; I call it like I see it. – Please SUBSCRIBE in the right sidebar at http://RickWells.us or http://constitutionrising.com to receive our posts directly. Thank You – Rick Wells.


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