Supreme Court Chief Justice John Roberts has consistently applied "different standards" in court cases involving the Obama and Trump administrations, Arkansas Republican Sen. Tom Cotton accused Saturday.
In an interview on "Fox & Friends Weekend" with hosts Pete Hegseth, Jedediah Bila, and Griff Jenkins, Cotton remarked that Roberts seems more concerned about the reputation of the court and his own personal reputation among Democrats and the media than about the rule of law.
The court ruled that the administration's decision to rescind the Obama-era program violated the Administrative Procedure Act (APA), which sets out rulemaking procedures for federal agencies.
In a 5-4 decision, with Chief Justice John Roberts joining the liberal members to author the opinion, the court argued that the Department of Homeland Security's move to eliminate the program was done in an "arbitrary and capricious" manner although they did not rule on the merits of the program itself.
Cotton said: "He did things like this in the first ObamaCare case, the second ObamaCare case, the case last year about asking a citizenship question on our census, and now in this immigration case in which the court ruled that President Trump cannot simply undo what President Obama did. That cannot be the law."
Cotton said that if Roberts believes he has "such excellent political judgment," he would recommend that Roberts resign and "travel to Iowa for the caucuses and see if he can earn the votes of his fellow Americans."
"If he wants to be the Chief Justice though, he should follow the law and he should uphold the Constitution and our laws as they are written -- not apply two different standards: one for President Obama and one for President Trump," Cotton concluded.
Fox News' Ronn Blitzer and Bill Mears contributed to this report.