Sen. Cruz: 'Who in Their Right Mind Would Want the USA Ruled by 5 Unelected Lawyers Wearing Black Robes?'

Susan Jones | October 13, 2020 | 5:33am EDT
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Sen. Ted Cruz (R-Texas) (Photo by MANDEL NGAN/AFP via Getty Images)
Sen. Ted Cruz (R-Texas) (Photo by MANDEL NGAN/AFP via Getty Images)

( - "Democrats and Republicans have fundamentally different visions of the court, of what the Supreme Court is supposed to do, what its function is," Sen. Ted Cruz (R-Texas) told the Senate Judiciary Committee on Monday, as the confirmation hearing for Judge Amy Coney Barrett got underway.

"Democratic senators view the court as their super-legislature, as a policy-making body, as a body that will decree outcomes to the American people," Cruz continued:

That vision of the court is something found nowhere in the Constitution, and it's a curious way to want to run a country even if on any particular policy issue you might happen to agree with wherever a majority of the court is on any given day.

Who in their right mind would want the United States of America ruled by five unelected lawyers wearing black robes?

It's hard to think of a less democratic notion than unelected philosopher Kings with- life tenure decreeing rules for 330 million Americans. That is not, in fact, the court's job. The court's job is to decide cases according to the law and to leave policymaking to the elected legislatures.

Committee Democrats on Monday warned one after another that President Trump nominated Barrett to the Supreme Court to invalidate the Affordable Care Act.

Democrat senators showed photos of constituents with terrible diseases who would be hurt if the Supreme Court declares the law unconstitutional, now that the individual mandate is not in force.

Cruz said the Senate is the right place to have policy arguments over Obamacare. But he also said Democrats should not expect a judicial nominee to promise to implement their policy vision of healthcare.

"That is not a judge's job. That is not the responsibility of a judge," Cruz said:

I don't know what will happen in this particular litigation on healthcare, but I do know that this body should be the one resolving the competing policy questions at issue.

Many of our colleagues talked about pre-existing conditions, and I think they have made a political decision they want this to be the central issue of the confirmation. But remember this -- every single member of the Senate agrees that pre-existing conditions can and should be protected. The end. There is complete unanimity on it.

Now it so happens that there are a number of us on the Republican side that also want to see premiums go down. Obamacare has caused premiums to skyrocket, the average family's premiums have risen over $5,000 a year. Millions of Americans can't afford healthcare because of the policy failures of Obamacare.

Those questions should be resolved in this body, in the elected legislature. It is not a justice's job to do that, it's not the court's job to do that -- it is the elected legislature's job to do that.

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