Sen. Ted Cruz targeted liberal Supreme Court Justice Sonia Sotomayor in scathing criticism leveled at her recent dissent accusing her colleagues of a bias toward President Trump.
The Texas Republican accused judges of acting as “partisan political activists” against Trump’s policies, resulting in a large number of injunctions that were the subject of Sotomayor’s dissent.
It’s clear there are a handful of activist district judges trying to stop @realDonaldTrump‘s policies. Just look at the number of universal injunctions issued:
12 issued in 8 yrs of Bush Admin
19 issued in 8 yrs of Obama Admin
55 issued in just 3 yrs of Trump Admin pic.twitter.com/uboYjB8Wxh
— Senator Ted Cruz (@SenTedCruz) February 25, 2020
Cruz spoke at a Senate Judiciary Committee hearing on Tuesday about Sotomayor making headlines last week when she “attacked her colleagues on the Supreme Court” and accused the federal government of creating “emergencies” by demanding stays on lower court injunctions.
“Notably in this dissenting opinion, not a single one of her colleagues joined her,” Cruz noted Tuesday.
“If you look to the facts of what’s happening with nationwide injunctions, I think it will explain why the Department of Justice has had to ask the Supreme Court to intervene over and over again,” he continued, going on to expose the large number of nationwide injunctions against the Trump administration.
Sotomayor’s dissenting opinion was in Wolf v. Cook County, an appeal by the Department of Homeland Security regarding an injunction against the administration of a “public charge rule” as non-citizens apply for visas to enter the U.S.
The lower court issued a nationwide injunction against the Trump administration’s policy, prompting the emergency stay request to place a hold on the injunction. Sotomayor slammed the move used repeatedly by the government and called out her colleagues for granting the requested stays, prompting a rebuke from Trump.
Left fumes when Trump says Sotomayor and Ginsburg should ‘recuse themselves’ from all Trump cases https://t.co/rlMG7gw6cR
— Conservative News (@BIZPACReview) February 25, 2020
“Claiming one emergency after another, the Government has recently sought stays in an unprecedented number of cases, demanding immediate attention and consuming limited Court resources in each,” the Supreme Court Justice wrote. “And with each successive application, of course, its cries of urgency ring increasingly hollow. Indeed, its behavior relating to the public-charge rule in particular shows how much its own definition of irreparable harm has shifted.”
“It is hard to say what is more troubling,” Sotomayor wrote, “that the Government would seek this extraordinary relief seemingly as a matter of course, or that the Court would grant it.”
Cruz noted the double standard used against Trump and highlighted the source of the abnormally high number of injunctions.
“Nearly one-third of the nationwide injunctions issued against the Trump administration have come from courts in the state of California,” he said, adding that “two-thirds of the states, their district courts have issued a total of zero nationwide injunctions.”
“So you have a handful of courts that are driving this problem,” Cruz said as he went on to offer some “perspective.”
“In the eight years of the George W. Bush administration, district courts issued a total of 12 universal injunctions against the Bush administration,” the former 2016 GOP presidential candidate continued.
“In the eight years of the Obama administration, district courts issued 19 universal injunctions against the Obama administration. In just three years of the Trump administration, we have already had 55 national universal injunctions issued against the federal government,” he explained.
“I believe we have a handful of judges who are operating effectively as part of the resistance movement, putting themselves in the way of Trump policies they happen to disagree with,” Cruz argued.
“And so I have to say I read Justice Sotomayor’s complaint about, ‘gosh, we’re getting all these emergency appeals of the Supreme Court’, I read it a little bit like an arsonist complaining about the noise from the fire trucks,” the Texas lawmaker said.
“The reason there are so many emergency appeals is that you’ve had fifty-five nationwide injunctions from far too many judges who are not honoring their oath. They’re not following the law,” he added. “Instead they’re operating as partisan political activists.”
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