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
bmaz RT @gregorydjohnsen: As much as everyone might dislike Congress at the moment it isn't some quaint little body that can be ignored when inc…
5mreplyretweetfavorite
bmaz RT @MiriamElder: Obama has 48 days to make his assault on ISIS legal, by AUMF expert @gregorydjohnsen http://t.co/fRnQritC8U
11mreplyretweetfavorite
bmaz @joanmccarter Yeesh.
4hreplyretweetfavorite
bmaz @joanmccarter Welp, this is not going very well. #BroncoBlues
5hreplyretweetfavorite
bmaz @shaneharris @columlynch No, not in the least. Seemed worth noting though.
5hreplyretweetfavorite
bmaz Does Power ever look in the mirror? RT @CBSWalsh: Strong words from @AmbassadorPower: Russia has to stop lying+has to stop fueling conflict
5hreplyretweetfavorite
bmaz @shaneharris @columlynch Well, that is pretty dubious.
5hreplyretweetfavorite
bmaz @kevinjonheller No kidding. Also, Sam Power chastising Russia for lying is pretty hilarious. Does she ever look in the mirror??
5hreplyretweetfavorite
bmaz RT @kevinjonheller: Pretty sure the US is the last country that should be criticising #Russia 4 violating #Ukraine’s sovereignty. Something…
5hreplyretweetfavorite
emptywheel Why are they teaching Johnny Football w/binders rather the Surface?
6hreplyretweetfavorite
emptywheel SEC Commissioner calling SEC punishment a wrist slap. http://t.co/bm0nFW4W6S
6hreplyretweetfavorite
emptywheel RT @eisingerj: #SEC chair Mary Jo White's commissioners are now in open revolt. Aguilar's amazing dissent on weak enforcement move: http://…
6hreplyretweetfavorite
June 2012
S M T W T F S
« May   Jul »
 12
3456789
10111213141516
17181920212223
24252627282930