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 @OKnox @emptywheel @Ali_Gharib You three are my favorite people. Okay, that big fella @dcbigjohn is okay too. Keep doing that voodoo you do.
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emptywheel RT @nathanLfuller: @MarkMazzettiNYT Mark, can you explain why "signed a classified order" was changed to "decided"? http://t.co/0fqMUtD0zV
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emptywheel RT @FrankPasquale: Disaster as smart strategy: 5 "years after the financial crash, biggest banks are 37% larger than they were before” http…
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bmaz RT @ScottGreenfield: Journalists: A person's prior crim history is a smear unless it's relevant. #AkaiGurley did nothing to deserve to die.…
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bmaz RT @ScottGreenfield: NYPD smears #AkaiGurley "Gurley has 24 prior arrests on his record, police said." As if this makes it okay. http://t.c…
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bmaz @gracels @jacklgoldsmith Life is fine here, it is not...mostly, and for most people...the hell portrayed despite some of our elected idiots.
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bmaz @juliebosman @mattdpearce Or maybe not per CNN, am a little behind in my timeline reading. Still would not be shocked if done already.
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bmaz .@juliebosman @mattdpearce Do you think the #Ferguson GJ is not done? I bet they are, just delayed announcement.
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emptywheel @benjaminwittes VERY hard to support claim he had no desire to suppress when he made very historic efforts to suppress that. @dametzger
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bmaz @alexiszotos YESS!!! But gotta work harder, Bruins looking tough so far.
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emptywheel @benjaminwittes Any thoughts on why Obama's WH suppressed a short phrase referencing the Finding "authorizing" torture? @dametzger
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bmaz @gracels @jacklgoldsmith It is not just here, most counties in the state do the same. I bet this is not the only GOP state where that's case
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