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

Emptywheel Twitterverse
emptywheel @KenDilanianAP GOP response says he said something like that, tho later.
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emptywheel @Shan681 You DO realize ISIS already knows abt our torture bc some lived it? @biasedreporter
6mreplyretweetfavorite
emptywheel Cause not only do torture timeline & dragnet timeline coalesce, but so does the "Oh fuck will I get busted for outing a NOC" timeline
8mreplyretweetfavorite
emptywheel It's 2014 I am matching date Robert Grenier was working on torture propaganda w/Cheney & day when he "remembered" Cheney knew Plame was CIA.
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emptywheel RT @MikeElk: #ff @greenhousenyt round of applause for the dean of labor reporter for his last day on the beat - thanks for keeping it alive!
15mreplyretweetfavorite
emptywheel @firetomfriedman Not saying that, but there weren't that many people involved. Saying she's classic case of involvement w/reward.
27mreplyretweetfavorite
emptywheel @firetomfriedman Mind you, no one is more responsible than Cheney and Addington, but I don't think they're hanging her out either.
35mreplyretweetfavorite
emptywheel @firetomfriedman Here was my piece well before NBC. https://t.co/hb4ut72cOp
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emptywheel @firetomfriedman She is significantly responsible (and, admittedly, there are a lot of people fr CIA who'd like to see her pay for it).
36mreplyretweetfavorite
emptywheel Next up on SonyGate: Sure, Mark Zuckerberg is a douchebag, but he didn't hack Sony to stop a movie abt him.
37mreplyretweetfavorite
emptywheel @firetomfriedman No. I'm certain it wasn't.
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emptywheel @firetomfriedman 2) hide her promotions under O 3) which were used to keep quiet/reward loyalty 4) hide relation bt 9/11 torture propaganda
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