Mitt Romney said on Thursday he could no longer support Chief Justice John Roberts after his vote on the Affordable Care Act because Roberts acted too much in the interest of politics, but Roberts is not the only one on the court facing that criticism. Another Romney favorite, Antonin Scalia, has been weathering it as well.
In a Thursday morning interview, CBS News' Jan Crawford asked Romney if he would still support Roberts' nomination to the court: "I certainly wouldn't nominate someone who -- I knew -- was gonna come out with a decision I violently disagreed with or vehemently, rather, disagreed with," he said. "I'd look for -- individuals that have intelligence and believe in following the constitution." Romney went on to explain that Roberts' vote "gives the impression that the decision was made not based upon constitutional -- foundation but instead -- political consideration about the -- relationship between the branches of government," according to an unedited CBS transcript.
Romney had previous cited Roberts as the kind of Justice he'd appointment to the court, Talking Points Memo's Sahil Kapur notes. "As president, Mitt will nominate judges in the mold of Chief Justice Roberts and Justices Scalia, Thomas, and Alito," Romney's website still reads.
But while Romney has soured on Roberts, the same criticism he's leveled against the chief justice has been leveled against another one of his own favorites, Antonin Scalia: An Associated Press feature on Wednesday collected instances of similar criticism, quoting (among others) former circuit judge Richard Posner's writing in Slate: "It wouldn't surprise me if Justice Scalia's opinion were quoted in campaign ads."
Romney's CBS News interview is below: