Last week, Republican Presidential candidate Ted Cruz penned an op-ed for The National Review regarding the Supreme Court. In it, he proposes two solutions to the “lawless” “judicial activism” of the Court: a constitutional amendment to “preserve the authority of elected state legislatures” to pass laws discriminating against gay couples who wish to marry, and a constitutional amendment that would require voters to determine, every eight years, whether or not a Justice should keep his or her position. Although calls the Court’s recent opinions “untethered to reason and logic,” his own reasoning demonstrates that he might be the worst lawyer who has ever lived, which might explain why he only has four years of private practice under his belt, having spent the rest of his career suckling at the teat of the Republican machine.
In one of the few correct statements in this op-ed, an article in which Cruz proves an alarming amount of stupidity by conflating the U.S. Constitution with state constitutions, the distinguished Senator points out that the Constitution gives Congress the authority to impeach Supreme Court Justices, which has only happened once. Of course, Cruz also suggests Anthony Kennedy is the one who needs to be impeached, not Antonin “I even believe in the Devil… Yeah, he’s a real person” Scalia.
Ironically, Cruz suggests that “[l]iberty hangs in the balance” while ignoring that Justice Kennedy’s “swing votes” give him the only thing on the Court resembling a libertarian record. Cruz also rails against the King v. Burwell decision upholding the “Affordable Care” and “Patient Protection” Act without acknowledging that the usually far-right Justice Roberts sided with the majority, just as he did in 2012 in National Federation of Independent Business v. Sebelius, a case on which Kennedy dissented. Doesn’t this, just on a surface skim, demonstrate a teensy bit more complexity to Court decisions than Cruz sees?