From the Department of the Surreal, cont'd
It is very hard to read the Yoo post flagged by the mother ship without immediately attacking the messenger's--how should I put it--many grotesque moral failings. Were that a criteria for criticism, it would be enough to know that he and Bill Kristol think that Sotomayer is a bad pick, and I hope if he ever has an opinion on copper futures he publish it forthwith.
The piece is laughable for this claptrap:
There are no opinions that suggest she would change the direction of constitutional law as have Antonin Scalia and Clarence Thomas on the Supreme Court, or Robert Bork and Richard Posner on the appeals courts.
Robert Bork, Clarence Thomas, and Antonin Scalia have been miserable failures at moving the court in any direction. Brennan, Warren, Stevens, and to a lesser degree the late CJ were far, far greater in that they could amass liberal majorities around principles of law. (One does not endear oneself to colleagues by letting clerks run amok on the other justices in the footnotes and occasionally the text.) They were ideological outliers who had justices appointed by conservative presidents that changed the direction of the court on civil liberties, state sovereignty and other issues. (For his part, Scalia has commented that he doesn't believe in politicking for votes on the court). But seriously--for someone at that level to believe that these people have "reworked" constitutional law is really remarkable, and explains so much about his thought process.
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"Robert Bork, Clarence Thomas, and Antonin Scalia have been miserable failures at moving the court in any direction."
Maybe in the direction of stupidity!
May 26, 2009 5:20 PM | Reply | Permalink
That "claptrap" misses the point of the following sentence by Yoo, which is giving advice to liberals! Is it ironic that Yoo is saying she would not be an "activist judge"? Or is Yoo being subtle?
"Liberals have missed their chance to put on the Court an intellectual leader who will bring about a progressive revolution in the law."
Also, my related comment in another thread: http://tpmdc.talkingpointsmemo.com/2009/05/john-yoo-warns-against-results-oriented-sotomayor.php#comment-3479730
May 26, 2009 5:21 PM | Reply | Permalink