Sen. Mike LeeMichael (Mike) Shumway LeeWhite House to host swearing-in event for Barrett on Monday night Pence adviser Marty Obst tests positive for COVID-19 Two Loeffler staffers test positive for COVID-19 MORE (R-Utah) on Wednesday faulted Supreme Court Justice Ruth Bader Ginsburg for her criticism of Donald TrumpDonald John TrumpGiuliani goes off on Fox Business host after she compares him to Christopher Steele Trump looks to shore up support in Nebraska NYT: Trump had 7 million in debt mostly tied to Chicago project forgiven 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.