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 Twitter0Share on Reddit0Share on Facebook0Google+0Email to someone

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

Emptywheel Twitterverse
emptywheel @BillPutnamPhoto I was wondering that too. Stealth drone! I guess F-35 is supposed to replace unreliable allies on the ground? @AthertonKD
2hreplyretweetfavorite
emptywheel Did Vlad Putin ever gain political advantage by physically threatening those who teach the nation's future?
2hreplyretweetfavorite
JimWhiteGNV When was the last time the Mets and Yankees were both in first place in Aug or Sept?
2hreplyretweetfavorite
emptywheel @jakemcintyre Also, you're not a Jets fan and so not irrationally forgetting there are others in division...
2hreplyretweetfavorite
emptywheel Why NOT promote Lindsey beyond contributions? He contributes where it counts, in unquestioning devotion to military. https://t.co/WzLmjzL4qQ
2hreplyretweetfavorite
emptywheel @jakemcintyre Where's your excitement for the Pats-debacle-year Bills supremacy?
2hreplyretweetfavorite
emptywheel @KevinOfMI Oh yuck! Do you take the truck across if often (you were in a car today, weren't you?)
2hreplyretweetfavorite
emptywheel @KevinOfMI That bridge scares me.
2hreplyretweetfavorite
emptywheel If MI still had film credits that storm would have made a great setting for Sharknado4.
2hreplyretweetfavorite
bmaz @mattapuzzo @Nick_Hentoff Sure, but thats no filter, that is a joke. The problem is that it has been allowed to infest+slide thru trial cts
2hreplyretweetfavorite
emptywheel RT @KailiJoy: So the journalists who went to the hush-hush Koch party aren't the same ones who complain Hillary won't talk to 'em, right?
2hreplyretweetfavorite
emptywheel @Priestic1 You MUST be being a downer cause I asked the same thing a few hours ago.
2hreplyretweetfavorite
June 2012
S M T W T F S
« May   Jul »
 12
3456789
10111213141516
17181920212223
24252627282930