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.

Tweet about this on Twitter4Share on Reddit0Share on Facebook3Google+0Email to someone

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

Emptywheel Twitterverse
JimWhiteGNV RT @USDroneWarDept: #JameisWinston is the kind of asshole we need in the Drone Dept. That dude just don't give a f&%k.
20mreplyretweetfavorite
emptywheel @carwinb Priest said he wsa put on JSOC list shortly thereafter. @charlie_savage was unable to get that confirmed.
3hreplyretweetfavorite
emptywheel @carwinb Whether when JSOC missed Awlaki on 12/24/09 he was targeted. @charlie_savage
3hreplyretweetfavorite
bmaz U.S. military gives Arizona alfalfa inspection agents M-16s under §1033 program because why not http://t.co/QtRNm0TFMk
6hreplyretweetfavorite
emptywheel @dpleasant 81. That might be counted as my 5th computer.
11hreplyretweetfavorite
emptywheel @dpleasant Right--the first computer I USED (very different question, no?) was an Apple II, I think.
11hreplyretweetfavorite
emptywheel @dpleasant Well, I was suckled on them so don't actually know, but I also drew pretty pictures on them. No. Not that old.
11hreplyretweetfavorite
emptywheel I was suckled on punch cards. #firstcomputer
12hreplyretweetfavorite
JimWhiteGNV RT @AdamWeinstein: Fuck this guy. Fuck Florida. Fuck everything. http://t.co/hT31XD27I6
12hreplyretweetfavorite
bmaz @isamuel @copiesofcopies @OrinKerr I agree. Theres significant nuance here. Frankly, I think WAY too much. 4th+5th Amendments mean something
12hreplyretweetfavorite
emptywheel @billmon1 After first implicating the woman who accepted the video fr cops and then killing hotel security in process.
12hreplyretweetfavorite
emptywheel @billmon1 A cover up of cover up! But yes. It is rather remarkable they still haven't solved 2rd worst terror attack since 9/11, in't it?
12hreplyretweetfavorite
June 2012
S M T W T F S
« May   Jul »
 12
3456789
10111213141516
17181920212223
24252627282930