"The View" co-host Ana Navarro claimed the Supreme Court was having a "crisis of credibility" on Monday and demanded Chief Justice John Roberts set guidelines on when justices need to recuse themselves.
Navarro said that Americans do not believe the Supreme Court separates church and state and said that it was in a "crisis of credibility" and that there needs to be guidelines on when the Supreme Court justices should recuse themselves from cases.
"The court has ruled on separation of church and state," Navarro said. "The problem we have is that I think most of America does not believe that this court separates between church and state which is why we have record low approval ratings of this court It’s also because of, you know, people – we can trust the process, but do we trust the justice system? Do I trust Clarence Thomas who’s married to Ginni Thomas who was involved in the insurrection to not recuse himself in a case involved in the election? No, I don’t."
The hosts were discussing Supreme Court Justice Amy Coney Barrett and whether she should recuse herself from a case dealing with a graphic designer who wants to post a statement on her website saying she will not take on requests for wedding website designs from same-sex couples because it conflicts with her religious beliefs.
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Co-host Sunny Hostin argued that justices recuse themselves all the time.
"Supreme Court justices through history have recused themselves. Clarence Thomas has recused himself most actually out of anyone, especially just recently because there was a case involving the college his son went to. Now the Ginni Thomas thing, I’m going to agree with you. That was weird, right? He should have been nowhere near that, but he’s recused himself. Elena Kagan has recused herself. Justice Sotomayor has recused herself. Our newest justice, Justice Ketanji Brown Jackson has recused herself. It happens all the time," Hostin said.
Navarro said that it still needed to happen "when it has to happen."
"It has to happen when it has to happen, and there’s no guidelines. Clarence Thomas didn’t recuse himself with anything related to January 6," she said.
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Co-hosts Alyssa Farah Griffin and Sara Haines both agreed that Barrett should not recuse herself from the case due to her religious beliefs. Farah Griffin said it was about trusting the process and said she believed that Hostin, who is Catholic, would be able to argue a similar case.
"When we talk about our institutions, it’s important that we trust the process," she said.
"I’m an avid LGBTQ ally and supporter and I believe in all of that, but I don’t think she should recuse herself for that very reason," Haines argued. "This is not a religious opinion and Sunny would know this best. When you write these opinions, they’re pages long."
"As the general public, we hear the headlines of the results, not how they got there," she continued. "It’s kind of like a math problem. They have to cite and source every single part of what they do, and judges across this country go to work every day and have to set aside their personal beliefs. So despite maybe not liking where she gets through her legal philosophy, I don’t think it necessarily is immersed in just her religious belief."
