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 "countries w/o constitutional torture bans have actually engaged in less torture over this time period"
emptywheel "In 2011, of 107 democracies in existence, 40 frequently engaged in torture & another 41 occasionally engaged in" it
emptywheel @nickmanes1 Just a couple!!?!? Who do you know to get that kind of treatment?!?! @Bencjacobs
emptywheel @billmon1 And is necessarily more closely tied in with NSA spying.
emptywheel @brettmaxkaufman They could have at least given Iraq morphine before they set to work. @charlie_savage
emptywheel @nickmanes1 The Governor has at least one more pothole to fill before his work as Governor is done. @Bencjacobs
bmaz Rancho Notorious currently on TMC. An oddly different and awesome western starring....Marlene Dietrich. Wonder if @SunsetGunShot is watching
bmaz Ah yes, @nycsouthpaw got the screen cap I should have of @howardfineman's timeline on the HELL that is WHCD #NerdProm
emptywheel RT @xposefacts: 'Government’s Own Witness Debunks Government’s “Overwrought Hyperbole” in Sterling Case' @emptywheel
bmaz @PhilPerspective @emptywheel Oh, that clown car is in a big tent. Plenty of room!
June 2012
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