Fox News host Megyn Kelly on Tuesday night pressed Sen. Ted Cruz (R-TX) on his proposal to subject the Supreme Court justices to retention elections after the court ruled in favor of both Obamacare subsidies and gay marriage.
Under Cruz’s plan, the justices would be appointed to their post, and face a retention election during the second national election after appointment. They would then face election again every eight years.
“You want to rewrite the Constitution in response to a couple of decisions you don’t like?” Kelly asked Cruz about his plan on Tuesday.
“Last week’s decisions were the latest in a long line, and sadly were the nadir of the Supreme Court,” Cruz responded, lamenting that “five unelected judges” redefined marriage.
“But in response to a decision that you feel was politically motivated by the justices who are in the majority, you want to make the court more political?” the Fox host asked.
Cruz told Kelly that the framers of the Constitution intended for Supreme Court justices to face impeachment if the legislature felt they were overreaching, but Cruz said that the Senate could never come together to impeach a justice.
Kelly then asked Cruz, “How would an electorate that twice elected Barack Obama create a court that you like better than the one we have now?”
Cruz pointed out that he is calling for retention elections, and said that the alternative to elections is worse.
“Who in their right mind would design a system where every major public policy issue of the day is decided not by the people, not by the Constitution, not by elected representatives, but by nine elite lawyers in Washington, D.C.?” he asked.
Watch the interview via Fox News: