By Duncan Smith
Sen. Ted Cruz (R-Texas) is one of the Senate’s intellectual heavyweights, having loads of knowledge about the Constitution after arguing — successfully — state cases before the U.S. Supreme Court when he was Texas solicitor general.
Now, the former 2016 GOP presidential contender is making great points about why President Trump should nominate, and the GOP-controlled Senate should confirm, a successor to Justice Ruth Bader Ginsburg.
In short, the high court now sits, technically, at a 5-3 ‘conservative’ lean, but Chief Justice John Roberts has more often than not sided with the court’s left-wing activists, and if the court is called upon to decide cases related to ‘problems’ surrounding the November election (mail-in ballots being abused, for instance), the country cannot afford a 4-4 tie on critical issues.
Not only that, but there is also nothing to say that Roberts, despite having been nominated by President George W. Bush, wouldn’t hand the election to Biden regardless because there is no love lost between him and our current commander-in-chief.
In an interview with ABC News’ Democratic operative and Clinton ‘War Room’ developer, George Stephanopoulos, on Sunday, Cruz not only explained all of this, he also predicted that a Trump nominee would win the chamber’s consent.
Here’s a partial transcript:
STEPHANOPOULOS: Do you have the votes now to have — to confirm before the election?
CRUZ: You know, I don't know. I don't know the answer to that. I believe we will. I think it is particularly important that the Senate take it up and confirm this – this nomination before the election.
Because Joe Biden has been explicit. He has said, if he doesn't win, he's going to challenge this election. He's going to go to court. He's going to challenge it. He's already hired a big legal team. Hillary Clinton has told Joe Biden, 'Under no circumstances should you concede.' Given that, there is a serious risk of a constitutional crisis, if Joe Biden is bringing litigation, like we had in Bush v. Gore but in five or 10 states…
STEPHANOPOULOS: Senator, I have to stop you. As you know, it is — it's President Trump who has been the one talking about rigged elections. Joe Biden has not explicitly said he's — he's going to challenge the election. Of course, they're going to have teams of lawyers, as every campaign always does, to look at irregularities…
STEPHANOPOULOS: … ballots.
CRUZ: George, true or false, did Hillary say to Joe Biden, 'Don't concede?'
CRUZ: George, true or false, did Hillary Clinton say to Joe Biden, 'Don't concede?'
STEPHANOPOULOS: I was asking if you said Joe Biden explicitly said it. He hasn't said it.
CRUZ: It's true. It's true.
STEPHANOPOULOS: I did not challenge your statement about Senator Clinton.
CRUZ: OK. So you agree Hillary has said 'Under no circumstances concede.' Joe Biden has also hired a legal team headed by Supreme Court advocates. They intend to challenge this…
STEPHANOPOULOS: As has President Trump.
CRUZ: This is a topic — this is a topic — you know, 20 years ago I was part of the legal team that litigated Bush v. Gore for George W. Bush. I was a young lawyer then. In fact, I just wrote a book that's coming out in a couple of weeks called 'One Vote Away: How a Single Supreme Court Seat Can Change History.'
And one of the chapters there talks about Bush v. Gore. It talks about the epic battle where Al Gore challenged the election results, and for 36 days, the country was held in chaos. Well, if Joe Biden does that again this year and we have an 8-8 (ph) court, an equally divided court, 4-4, can't decide anything. That could make this presidential election drag on weeks and months and well into next year. That is an intolerable situation for the country. We need a full court on Election Day, given the very high likelihood that we're going to see litigation that goes to the court. We need a Supreme Court that can give a definitive answer for the country.
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