Sen. Mike LeeMichael (Mike) Shumway LeeMcConnell shores up GOP support for coronavirus package McConnell tries to unify GOP Davis: The Hall of Shame for GOP senators who remain silent on Donald Trump MORE (R-Utah) on Wednesday faulted Supreme Court Justice Ruth Bader Ginsburg for her criticism of Donald TrumpDonald John TrumpObama calls on Senate not to fill Ginsburg's vacancy until after election Planned Parenthood: 'The fate of our rights' depends on Ginsburg replacement Progressive group to spend M in ad campaign on Supreme Court vacancy MORE, saying it may disqualify her from future cases.

“I think this was a huge, huge error on her part,” he said Wednesday on Fox News. "This was wildly inappropriate and it reflects a certain lack of bias. This is very problematic on many levels.”


Lee, a former Supreme Court clerk, said he already envisions two scenarios where Ginsburg may have to recuse herself from cases involving Trump.

“First, it’s not at all impossible, it’s not outside the realm of possibilities, that we could end with a Bush v. Gore type of dispute at the end of this election cycle,” he said, referencing the 2000 Supreme Court decision over the presidential election. "If that were the case, I think this statement raises serious questions about whether she’d have to recuse herself in such a dispute."

The Tea Party senator added Ginsburg’s remarks could render her disqualified from future cases involving a potential Trump administration as well.

“Secondly, assuming Mr. Trump wins in November, it would beg the question whether any kind of litigation making its way to the Supreme Court involving Mr. Trump’s policies, his actions as president of the United States, would themselves trigger a recusal obligation. Hence why I find this very disturbing and why it’s so out of character for Supreme Court Justices to do this."

Trump earlier Wednesday said Ginsburg must resign following the liberal justice’s repeated criticism of him in recent days.

Ginsburg on late Monday called Trump “a faker,” adding the GOP’s presumptive presidential nominee must publicly release his tax returns.