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
bmaz RT @emptywheel: Ya'll know the best way to make yummy turkey is to slather it all with bacon, right? http://t.co/nqlLQ4ABlh
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bmaz @nickmartin Cool. Let me know and we will get lunch again or something. Happy holidays!
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bmaz @nickmartin You back for Christmas this year?
9mreplyretweetfavorite
bmaz Would have been better if Obama had spared the life of Abdulrahman Awlaki instead of turkeys Mac and Cheese, but bygones I guess.
20mreplyretweetfavorite
bmaz @ggreenwald @benwizner I really wanted to be ED BALLS, but will settle for First Sea Lord.
23mreplyretweetfavorite
bmaz @DevlinBarrett @johnson_carrie No kidding. I am not sure why anybody, including notably the press, ever gave the thought credence.
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bmaz @nickmartin Are you back here?
29mreplyretweetfavorite
emptywheel @nickmanes1 Cool! You bringing samples back?? Though I should confess that was a bit after my time...
33mreplyretweetfavorite
bmaz Missouri Gov. @GovJayNixon is an embarrassment to his state. If he won't appoint a special prosecutor, he should be recalled from office.
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bmaz The Obama White House wouldn't lift a finger to fight for Goodwin Liu, but will go to mat for Wall St. bankster Weiss http://t.co/xH4YNe3eOM
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emptywheel @FakeAlexTimes That was last years. Just put the bacon on before you stick in oven.
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emptywheel @nickmanes1 Affectionately known as Cow-Pie, yes.
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