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Tom Cotton: Supreme Court must act against left-wing 'resistance judges'

By Julia Musto

Published February 25, 2020

Fox News
Tom Cotton on Sotomayor controversy: It's 'unprecedented' Video

The Supreme Court must take action against left-wing "resistance" judges, Sen. Tom Cotton, R-Ark., urged Tuesday.

In an interview on "Fox & Friends" with hosts Steve Doocy, Ainsley Earhardt, and Brian Kilmeade, Cotton said that behavior from liberal judges like Justice Sonia Sotomayor and Justice Ruth Bader Ginsburg is what is "unprecedented."

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After a dissent Friday, in the case of Wolf v. Cook County, Justice Sotomayor -- who was appointed by former President Barack Obama -- wrote that the Trump administration repeatedly uses the reason of "emergency basis" to bypass lower courts.

She wrote in her dissent, on a case dealing with the Trump administration's expansion of situations where the government can deny visas to non-citizens looking to enter the U.S., that it is troubling how often the administration is running to the Supreme Court for relief from injunctions against its policies, and how often the court is granting President Trump's requests.

Trump accuses Sotomayor of trying to 'shame' justices into ruling against administration Video

In response to a statement on the ruling from Fox News host Laura Ingraham, the president tweeted Monday evening: "'Sotomayor accuses GOP appointed Justice of being biased in favor of Trump.' @IngrahamAngle @FoxNews This is a terrible thing to say. Trying to 'shame' some into voting her way? She never criticized Justice Ginsberg when she called me a 'faker.'"

The president's commentary on Ginsburg was in reference to a 2016 interview in which she called him a "fake" with "no consistency about him." Ginsburg later said she regretted her critical comments.

"Both should recuse themselves...on all Trump, or Trump related, matters!" he continued in a second tweet. "While 'elections have consequences', I only ask for fairness, especially when it comes to decisions made by the United States Supreme Court!"

In a lively news conference in New Delhi, India Tuesday morning, the president lashed out at the two justices and demanded that the two Democrat-appointed jurists recuse themselves from any cases involving him.

“I just thought it was so inappropriate, such a terrible statement for a Supreme Court justice,” he said of Sotomayor. “She’s trying to shame people with perhaps a different view into voting her way, and that’s so inappropriate.”

Sen. Cotton calls on FDA to move faster to approve coronavirus testing kits Video

"I just don't know how they can not recuse themselves from anything having to do with Trump or Trump-related. The right thing to do is that," he continued.

"What Justice Sotomayor said yesterday was really highly inappropriate and everybody agrees to that. Virtually everybody. I've seen papers on it, people cannot believe that she said it," he told reporters.

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Cotton said resistance judges all across the country are challenging the president by stopping regulations he's passed from going into effect. He said it was a "practice that has to stop."

"I'm glad the Supreme Court has been stopping it on an ad hoc basis," he remarked. "They need to stop it permanently."

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