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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emptywheel RT @normative: We all remember where Modi got the "stitch your name in a pinstripe suit" idea, right? http://t.co/boCRULFXn9 http://t.co/11
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emptywheel RT @tweetsintheME: It is so messed up that Gen. Dempsey is sponsoring an essay competition about King Abdullah. So, so messed up. http://t.…
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bmaz Is Boehner’s Netanyahu Invite Unconstitutional? http://t.co/VJmkTwc3pg Yes, it turns out, it probably is. cc: @lrozen
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emptywheel From yesterday: To Avenge Mr. Merlin, CIA Exposed Mrs. Merlin https://t.co/RwnkVr9oeN
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bmaz RT @kgosztola: Search warrants against WikiLeaks staff: Justice Department, Google & US media silence threaten press freedom http://t.co/AX
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bmaz RT @robertcaruso: quick hit from me on why @NWS (the National Weather Service) uses all capital letters. Answer: *Thomas Jefferson* https:/…
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bmaz Boehner "breached the intended constitutional separation of powers in the conduct of foreign affairs." http://t.co/DmI5TmkVmb
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bmaz @TheBradBlog Yeah, yeah yeah. Just do it!
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bmaz RT @JasonLeopold: Interrogator who oversaw Gitmo detainee Mohamedou Slahi's torture reviewed a book on Amazon. Read what it was abt https:/…
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emptywheel RT @carolrosenberg: From today's briefing with the chief prosecutor, BGen Martins: He's asked for exec branch copy of full RDI Report, won'…
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bmaz Hey @SenJohnMcCain why do you think Netanyahu+Israeli elections come before dignity of the US elected Executive Branch? Don't embarrass us.
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emptywheel @Krhawkins5 Right. But there was a milestone. Was it 1000? So maybe @TyreJim is right; You need to do more Brennan-bashing?
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