John Roberts Fails to Dictate Another Presidential Outcome, John Yoo Cries

In this post, I suggested the reason Republicans are so angry that John Roberts apparently flipped his vote (note, Barton Gellman reminded today that Ramesh Ponnuru said at Princeton reunion this year that Roberts had flipped before June 1) because they expected the conservative Justices to influence this year’s election.

Funny. In his rant declaring John Roberts the next David Souter, John Yoo has this to say:

Given the advancing age of several of the justices, an Obama second term may see the appointment of up to three new Supreme Court members. A new, solidified liberal majority will easily discard Sebelius’s limits on the Commerce Clause and expand the taxing power even further. After the Hughes court switch, FDR replaced retiring Justices with a pro-New Deal majority, and the court upheld any and all expansions of federal power over the economy and society. The court did not overturn a piece of legislation under the Commerce Clause for 60 years.

Mind you, he doesn’t rule out a Republican (he doesn’t name Mitt directly) getting elected. But he does see this in terms of the election, it seems.

But that’s not the most interesting passage in Yoo’s rant. This was:

Justice Roberts too may have sacrificed the Constitution’s last remaining limits on federal power for very little—a little peace and quiet from attacks during a presidential election year.

The … last … remaining … limits … on … Federal … power.

Yep. John Yoo said that.

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9 Responses to John Roberts Fails to Dictate Another Presidential Outcome, John Yoo Cries

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bmaz @GregLBean Greg, have you been having any issues getting into Emptywheel blog? We have noticed activity, not sure it is you. Thanks.
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JimWhiteGNV Today would be a very good day to leak the entire Senate Torture Report. Not just the summary, the whole damn thing...
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bmaz @benjaminwittes @csoghoian @lawfareblog Hey, if Emptywheel can do it, you can too.
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bmaz RT @emptywheel: Having failed in its effort to defect to Ireland, Chiquita is now trying again with Brazil. http://t.co/B1fsgDJjdp
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bmaz @kdrum Been hoping for the best. Good weekend of football for you to lay around and watch.
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bmaz @benjaminwittes @csoghoian Gotta say, @emptywheel is not a whiskey girl, she is really a beer lady. I am the whiskey/bourbon one.
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bmaz @steve_vladeck @emptywheel By the way, I don't like Brehm. But it strikes both it+Ali presenter abetter cases than Hamidullan appears to.
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emptywheel I think the Lions just saved $5,000 in airfare to London. Maybe they can put that to paying off people's H2O bills? https://t.co/Jq6aG7yZ47
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bmaz @steve_vladeck @emptywheel Like I said, I used (perhaps too loosely) that as shorthand for the entire process.
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bmaz @steve_vladeck @emptywheel Should US soldiers have the same exposure in all foreign jurisdictions, or are we just exceptional that way?
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emptywheel @benjaminwittes Except I don't drink whiskey. I wonder if @ageis drinks whiskey? @csoghoian
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bmaz @steve_vladeck @emptywheel Doesn't it trouble you that the US criminal code+procedure is going to cover the stated "battlefield" acts?
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