Sen. Mike Lee, R-Utah, said Sunday Supreme Court justice nominee Amy Cohen Barrett will have to “figure it out” on whether Obamacare is constitutional if she’s confirmed and hears the case set to come before the high court.
In an interview on ABC News’ “This Week,” Lee deferred weighing in on whether he thought Barrett would vote to overturn Roe v. Wade, saying that move is “a lot more complicated than people might think.:
Not so, he said, of the legality of Obamacare, which he asserted is unconstitutional.
“Her job is to figure out whether it's unconstitutional or not,” he said. “I don't believe it is. [Supreme Court Chief Justice] John Roberts' re-wrote it twice in order to make it appear constitutional, which it is not.”
Lee also asserted the “dangers of a 4-4 court are significant.”
“These were dangers that were outlined extensively by Democrats in 2016 when they wanted us to confirm Judge [Merrick] Garland and those dangers exist there,” he said, adding: “The risks are well-known.”
“It's not wrong for the president to point out that it might be a good thing to have a court that's fully impaneled. And that's not an unreasonable, untenable position to make,” he said.
“Whether [Barrett] recuses in this or any other case is up to her and is up to her in consultation with her colleagues, her staff and the rules at play,” he added.
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