"What the statute that [Whittemore] was dealing with said was that he shall hold a trial de novo," the Pennsylvania Republican explained. "That means he has to hold a new trial. That's what the statute said."

"What he's saying is, 'I don't have to hold a new trial because I've already determined that her rights have been protected,'" Santorum said.

"That's nice for him to say that. But that's not what Congress told him to do," he added. "Judges should obey the law. And this judge - in my mind - simply ignored the law."

Editor's note: