Sen. Cruz: Justice Roberts is Using High Court to ‘Achieve Policy Outcomes He Desires’

John Jakubisin | June 19, 2020 | 10:56am EDT
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Sen. Ted Cruz (R-Texas), left, and Supreme Court Chief Justice John Roberts. (Getty Images)
Sen. Ted Cruz (R-Texas), left, and Supreme Court Chief Justice John Roberts. (Getty Images)

(CNS News) – Commenting on the Supreme Court’s 5-4 ruling against the Trump administration on DACA, the Deferred Action for Childhood Arrivals program -- in an opinion led by Chief Justice John Roberts -- Sen. Ted Cruz (R-Texas) said the “decision was lawless” and “disgraceful.” He added that Roberts was “playing games.”

The court ruling upheld President Barack Obama’s 2012 executive order, which allows a two-year (renewable) delay on deportation of people who are brought to the United States unlawfully as children.

Speaking on the Senate floor, Senator Cruz said, “Mr. President, today's decision from the U.S Supreme Court and Department of Homeland Security vs. Regents of the University of California is disgraceful. Judging is not a game. It's not supposed to be a game.”

“But sadly, over recent years, more and more Chief Justice Roberts has been playing games with the Court to achieve the policy outcomes he desires,” said Cruz.

Cruz contended that Roberts defied factual evidence in his opinion. 

(Getty Images)
(Getty Images)

“Obama's executive amnesty was illegal the day it was issued and not one single justice of the nine Supreme Court justices disputed that – not one,” said Cruz. “Chief Justice Roberts wrote the majority opinion joined by the four liberal justices on the court. This is becoming a pattern.”

“The majority assumes that DACA, Obama's executive amnesty, is illegal,” said Cruz. “And then bizarrely holds that the Trump administration can't stop implementing a policy that is illegal. Think about that for a second.”

Cruz also noted that the Supreme Court admitted that the Department of Homeland Security (DHS) can rescind DACA.

However, Cruz explained that in order to go against this fact, Roberts used a “clever twist” and claimed that the DHS’s explanation for the move was “not detailed enough.” Cruz pointed out that Roberts used the same “sleight of hand” approximately one year ago. In order to strike down the Commerce Department’s request to ask if people were citizens on the 2020 Census, Roberts said that the Department’s reasoning was “unclear.”

(Getty Images)
(Getty Images)

Cruz also elaborated on the fact that the Commerce Department had asked this question on the Census for nearly 200 years.

Cruz summed up Roberts’ decision as one geared toward policy and not judging. “And so this sleight of hand is all about playing policy,” said Cruz. “Five justices today held that it was illegal for the Trump administration to stop breaking the law. That's bizarre. And the reasoning is because the Obama administration violated federal immigration laws for now, wink, wink, let's pretend. Because that's what they're doing is pretending – Trump has to continue violating the law and behaving illegally.”

Cruz added that the Supreme Court decision on June 15, claiming that “sex” in Title VII of the 1964 Civil Rights Act includes “transgenders” and “gender identity,” was purposeful and for the same reason as its DACA ruling.

“Mr. President, Chief Justice Roberts knows exactly what he's doing,” said Cruz.  “We saw earlier this week a decision rewriting Title VII of our Civil Rights Laws, rewriting Title VII the prohibition on sex discrimination, on discrimination against women or against men, rewriting it to add sexual orientation or gender identity.”

“Now as a policy matter, there are a lot of people that support that,” said the senator. “Indeed, legislation to do that has passed the House of Representatives twice. It's passed this body once. But the court just rewrote it. The court just engaged in legislation plain and simple.”

Cruz concluded by discussing Roberts actions. “That's not clever,” he said. “That's lawless. This decision today was lawless. It was gamesmanship. And it was contrary to the judicial oath that each of the nine justices has taken.”

Chief Justice John Roberts was appointed by President George W. Bush. At the time of his confirmation, Roberts was promoted as a conservative, or constitutional “originalist.”

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