Jeb: Brother's nomination of Roberts can be ‘defended’
© Getty Images

Republican presidential hopeful Jeb Bush on Sunday said his brother's nomination of John Roberts to the Supreme Court can be “defended,” despite several decisions upholding ObamaCare that have irked conservatives.

“John Roberts, I think, can be a defended choice for sure,” Bush said on CNN’s “State of the Union.” “The ObamaCare decision, I was disappointed in, but he’s made some really good rulings beyond that.”

“Here’s the deal, I think the lesson learned is you pick someone with a proven, longstanding record, a history you can point to when he wasn’t considered or she wasn’t being considered for the nomination of the Supreme Court, when he or she was doing their work, and the consistency of their rulings is what mattered,” he added. “That’s the Scalia approach.”

Bush's comments come after the death of Justice Antonin Scalia and as the presidential race shifts toward what kind of justice each candidate would appoint to the court.

Chief Justice Roberts was nominated to the Court 2005 by former President George W. Bush.

Jeb Bush on Sunday declined to extend his defense to former Justice David Souter, who was appointed by his father, former President George H.W. Bush, but consistently voted with the liberal wing of the court.

“The Souter choice was unfortunate,” he said. “He wandered off into, you know, into the liberal camp for sure.”

The former Florida governor also said whether the Senate ultimately brings a vote on President Obama’s nominee to replace Scalia is unimportant to him.

“It’s up to [Senate Majority Leader] Mitch McConnellAddison (Mitch) Mitchell McConnellSessions: 'We should be like Canada' in how we take in immigrants NSA spying program overcomes key Senate hurdle Overnight Finance: Lawmakers see shutdown odds rising | Trump calls for looser rules for bank loans | Consumer bureau moves to revise payday lending rule | Trump warns China on trade deficit MORE, he said. “It’s really not important to me.”