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 @Martina Doesn't look like they like women sports tweeters much. Not even Serena, prolly cause she really would kick their ass.
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bmaz @BuffyBlogs Clearly.
18mreplyretweetfavorite
bmaz Can no one keep Pandas off the base paths??
22mreplyretweetfavorite
bmaz Just to be clear, with cable TV "Creepy Rob Lowe" would have seen MLB playoffs, while yuppy ass normal Rob Lowe would have been in the dark.
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emptywheel @ErrataRob Including public documents put out officially by NSA/ODNI? @LitThom @ioerror @daveaitel @headhntr @granick
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emptywheel @ErrataRob & we should believe what 40,000 NSA employees told you illegally v public docs? @LitThom @ioerror @daveaitel @headhntr @granick
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emptywheel @ErrataRob With all 40,000 NSA employees? Impressive. @LitThom @ioerror @daveaitel @headhntr @granick
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emptywheel RT @JamilSmith: Judge rules @nflcommish Roger Goodell must testify at Ray Rice's suspension appeal hearing. Not good for Goodell. http://t.…
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emptywheel @ErrataRob So your assertion abt what "all" NSA employees believe is based on ... ? @LitThom @ioerror @daveaitel @headhntr @granick
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bmaz @tribalidentity Good point.
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emptywheel @ErrataRob You made an assertion abt "all NSA employees." I asked we had heard from one. @LitThom @ioerror @daveaitel @headhntr @granick
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