Sen. John Kennedy (R-LA) appeared on Martha MacCallum’s FOX News show on Monday to react to Chief Justice John Roberts’s decision to side with liberal justices as the Supreme Court struck down a Louisiana law requiring doctors performing abortions to have admitting privileges at a nearby hospital.
MARTHA MACCALLUM, FOX NEWS ANCHOR: Louisiana Senator John Kennedy joins me now. He’s a member of the Judiciary Committee.
Senator, what is the reaction — what’s your reaction, and what’s the reaction of the people, your constituency in Louisiana?
SEN. JOHN KENNEDY (R-LA): The process bothers me as much as the result. The chief justice today joined with four liberals on the court to strike down Louisiana’s statute.
Four years ago in a case out of Texas, same statute, same issue, the chief justice voted with the conservatives. Today, he voted with the liberals. He changed his vote. He flip-flopped. He flip-flopped like a banked catfish. And that’s why I say the process worries me as much as the result.
This is why so many people think that our federal courts, our federal judges have become nothing but politicians in robes.
Now, the chief justice famously says all the time that he’s just an umpire. All he does is call balls and strikes.
MACCALLUM: That’s right.
KENNEDY: Well, four years ago, he called a ball. Today, same pitch, he called a strike. And I don’t know what else to say, Martha.
KENNEDY: He just changed his vote with no explanation.
MACCALLUM: Well, are you concerned, as other conservatives like you are, that this court is overall not as conservative as the presidents who chose these justices might have thought?
KENNEDY: Well, the point is that the law is not supposed to be politics practiced a different way. You’ve got to be consistent.
And this to me is one more example why the issue of abortion should not be in the court system. It ought to be in front of state legislatures and the United States Congress.
Nobody in their right mind believes that in 1787 when the people voted — or the drafters drafted the Constitution and the people voted on the Constitution, that they intended to include the right to an abortion. The Constitution doesn’t even mention abortion.
KENNEDY: And that’s why the courts – look, they just — they just look inauthentic when they play politics like that.