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[September 12, 2015] Cruz: Bushes picked Souter over Jones, & Roberts over Luttig, Because They Didn
Josh Blackman's Blog ^ | 9/12/2015 | Josh Blackman

Posted on 02/16/2016 6:45:23 PM PST by JediJones

Ted Cruz echoes what Randy Barnett and I explored in our Weekly Standard piece–that both President Bushes made their Supreme Court appointments based on what would be easier, and which candidates had shorter paper trails.

Bush 41 chose David Souter over Edith Jones because it would have been easier. Bush 43 chose Roberts over (Cruz's boss) Michael Luttig because he had a short paper trail.

Texas Sen. Ted Cruz distanced himself from his past support for Chief Justice John Roberts on Saturday, offering up an alternative history where Roberts...was never appointed to the court.

"I want to focus on two moments in time that made a world of difference," the Texas senator told a gathering of conservatives at Phyllis Schlafly's Eagle Council convention in St. Louis on Saturday.

Cruz first focused on George H.W. Bush's nomination of David Souter over Edith Jones to the Supreme Court before quickly turning his attention to Chief Justice John Roberts.

"Let's fast forward to 2005," stated Cruz. "In 2005, in one room was John Roberts and in another room was my former boss Mike Luttig, the rock conservative on the 4th Circuit Court of Appeals, and George W. Bush picked John Roberts."

"Now in both instances, it wasn't that they were looking for someone who wasn't a conservative, it's that it was easier. Neither Souter nor Roberts had said much of anything. They didn't have a paper trail, they wouldn't have a fight. Whereas if you actually nominate a conservative, then you gotta spend some political capital. Then you gotta fight."

Cruz stated if Jones and Luttig had been on the court instead of Souter and Roberts, then the marriage laws in every state would still be on the books and Obamacare would not been law.

(Excerpt) Read more at joshblackman.com ...


TOPICS: Government; Politics
KEYWORDS: cruz; roberts; supremecourt; trump
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Ted Cruz endorsed Mike Luttig and Edith Jones for the Supreme Court. He said in the September CNN debate that he would've appointed those instead of the ones Bush did appoint.

Cruz' important point here is that the Bushes picked justices who had no paper trail so that Democrats couldn't pick things out of their history and "Bork" them. Republicans took the easy way out instead of fighting for a proven conservative nominee. They put political expediency over promotion of conservative policy. And what makes Cruz different is that he will FIGHT for conservative values because that's the only reason he's in this job to begin with.

1 posted on 02/16/2016 6:45:23 PM PST by JediJones
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To: JediJones

Cruz heartily endorsed Roberts. Check the National Review article he wrote when Roberts was nominated.


2 posted on 02/16/2016 6:47:38 PM PST by odawg
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To: JediJones

Cruz is my choice as a principled conservative.


3 posted on 02/16/2016 6:51:05 PM PST by austingirl
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To: JediJones

All the Cruzers asking for a list of lies Cruz tells can add this to the list. What a detestable man Cruz is.


4 posted on 02/16/2016 6:51:30 PM PST by usafa92 (Ted and Heidi = Jim and Tammy Faye)
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To: JediJones

“Ted Cruz endorsed Mike Luttig and Edith Jones for the Supreme Court.”

Ted Cruz was in high school when Souter was appointed.


5 posted on 02/16/2016 6:51:50 PM PST by Timpanagos1
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To: Timpanagos1

So Cruz in not allowed to comment on Souter as any experienced and knowledgeable legal professional? Wow.


6 posted on 02/16/2016 6:54:34 PM PST by austingirl
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To: Timpanagos1

This was in 2005, when Roberts was appointed.


7 posted on 02/16/2016 6:54:37 PM PST by Shelayne
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To: usafa92

He has NOTHING on you - and all your ilk.


8 posted on 02/16/2016 6:55:48 PM PST by John Valentine (Deep in the Heart of Texas)
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To: Timpanagos1

They’re still alive and Jones is still an active judge. He’s mentioning these as the types of justices he would appoint.


9 posted on 02/16/2016 6:56:28 PM PST by JediJones (RUSH LIMBAUGH on TED CRUZ: "This is the closest in our lifetimes we have ever been to Ronald Reagan")
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To: usafa92

OK, I’ll bite. Where oh where is the lie of which you complain?


10 posted on 02/16/2016 6:57:40 PM PST by John Valentine (Deep in the Heart of Texas)
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To: austingirl

No, it was stated that Cruz endorsed Jones over Souter. That would have been back when Cruz was in college, not high school. My mistake.


11 posted on 02/16/2016 6:58:19 PM PST by Timpanagos1
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To: JediJones
This from the guy who wrote a WSJ opinion extolling the virtues and urging the immediate confirmation of John Roberts?

What a complete hypocrite.

12 posted on 02/16/2016 6:58:27 PM PST by Mariner (War Criminal #18 - Be The Leaderless Resistance)
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To: JediJones

In the words of Ted Cruz:

As an individual, John Roberts is undoubtedly a principled conservative, as is the president who appointed him. He clerked for Chief Justice Rehnquist, worked in the Reagan White House, and served as the principal deputy solicitor general in President George H.W. Bush’s Justice Department.

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.”

http://www.nationalreview.com/article/214989/right-stuff-ted-cruz


13 posted on 02/16/2016 6:58:29 PM PST by lodi90 (TRUMP Force 1 lifting off)
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To: JediJones

Those in opposing campaigns try to twist history into meaning Cruz pushed for Robers. They fact that he preferred Luttig did not mean he would not support Roberts once Bush nominated him. There was no evidence that he would do what he has done. Lesson: no paper trail can bite both ways. Spend the capital. Fight!!!!!

The left has been deplorable in their tactics, what with Bork and Thomas. The right needs to fight without stooping to that level, but doing everything in their power to get conservatives on the court.


14 posted on 02/16/2016 6:58:34 PM PST by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: JediJones

What a pantload. “Bush’s fault!” Grow up, Rafael.


15 posted on 02/16/2016 7:00:09 PM PST by Albion Wilde (Who can actually defeat the Democrats in 2016? -- the most important thing about all candidates.)
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To: odawg

Clearly the lesson learned is to go for the fighter, like Scalia, Thomas and Alito.


16 posted on 02/16/2016 7:02:34 PM PST by Paladin2
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To: JediJones

Typical LAZY BASTARD BUSH “Way”! Take the path of LEAST Resistance.


17 posted on 02/16/2016 7:08:27 PM PST by US Navy Vet (I could Be a "Chump" for Trump, but right now I am still on "Cruz-Control"!)
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To: The Ghost of FReepers Past

Exactly.


18 posted on 02/16/2016 7:11:24 PM PST by Shelayne
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To: The Ghost of FReepers Past

Cruz stated if Jones and Luttig had been on the court instead of Souter and Roberts,

then the marriage laws in every state would still be on the books

and Obamacare would not have been law.


19 posted on 02/16/2016 7:18:03 PM PST by MarvinStinson
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To: John Valentine

“Where oh where is the lie of which you complain?”

You don’t get it (or you probably really do get it). It is the seriousness of the charges that matter (not the accuracy).

Isn’t it ironic that Rubio and Trump are both spreading the meme that Cruz lies? Both Rubio and Trump have been caught lying recently but still make this accusation against Cruz.

Rubio was caught red handed with his alternate Spanish version of his amnesty policy.

Trump, has been claiming Tom Coburn called Cruz a liar. Coburn said that this is a lie.

Of course these are just a couple of examples. But maybe Trump is not exactly lying. I think Trump has been living so long in his billionaire echo chamber that he actually believes whatever comes out of his mouth at the moment to be reality. I really want to believe he can govern conservatively, but everything he says lately is persuading me otherwise.


20 posted on 02/16/2016 7:46:17 PM PST by unlearner (RIP America, 7/4/1776 - 6/26/2015, "Only God can judge us now." - Claus Von Stauffenberg / Valkyrie)
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