Sen. Ted Cruz (R-Texas) appeared on "Fox & Friends" on Thursday to react to the impending retirement of Supreme Court Justice Anthony Kennedy.

Without Kennedy - who is often seen as a voice of moderation over three decades - the court will be split between four liberal justices and four conservatives, and the next President Trump pick.

"This could well prove to be the most significant thing President Trump does in his entire time in office. This could prove to be the most significant thing the Republican Senate does," Cruz said. "This is an opportunity for President Trump to nominate a strong constitutionalist, which could be his single greatest legacy 20, 30, 40 years from now."

He argued that the previous Supreme Court vacancy - created by the sudden death of Antonin Scalia - was a major motivating factor for Republican voters. 


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"I believe if Justice Scalia had not passed away when he did that there's a very good possibility Hillary Clinton would be President of the United States right now," Cruz said.

Cruz was responding to Senate Minority Leader Chuck Schumer's call for the "Biden rule" to be used, which would delay a nomination until after the November midterm elections. Cruz said "of course" Schumer would make such a demand, but argued that voters decided the issue in the 2016 presidential election. 

He said Americans want justices who will defend the Constitution and the Bill of Rights, while Democrats want "judicial activists."

"They want liberal extremists who will force their partisan agenda on the country," Cruz said. "Most of us don't want to be governed by five unelected lawyers in Washington."

Cruz reiterated a point he made on "The Daily Briefing" on Wednesday, and suggested that President Trump nominate his good friend and fellow senator Mike Lee of Utah.

Watch the "Fox & Friends" segment above.


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