John Yoo advises Senate on the ‘faithful application’ of the Constitution.

John Yoo interrupts his defense of torture and (presumably) himself, to weigh in on the nomination of Judge Sonia Sotomayor, concluding with this:

But conservatives should not be pleased simply because Sotomayor is not a threat to the conservative revolution in constitutional law begun under the Reagan administration. Conservatives should defend the Supreme Court as a place where cases are decided by a faithful application of the Constitution, not personal politics, backgrounds, and feelings. Republican senators will have to conduct thorough questioning in the confirmation hearings to make sure that she will not be a results-oriented voter, voting her emotions and politics rather than the law. One worrying sign is Sotomayor’s vote to uphold the affirmative action program in New Haven, CT, where the city threw out a written test for firefighter promotions when it did not pass the right number of blacks and Hispanics. Senators should ask her whether her vote in that case, which is under challenge right now in the Supreme Court (where I signed an amicus brief for the Claremont Center on Constitutional Jurisprudence), was the product of her “empathy” rather than the correct reading of the Constitution. [My emphasis.]

Since comments aren’t permitted on his post, I emailed Mr. Yoo this afternoon asking for a response to the following questions:

  • What are the criteria you use to determine if some is faithfully applying the Constitution?
  • What are the criteria you use to determine if someone is a “results-oriented voter?” Why do you use the term “vote” at all? Is this the term you normally use to refer to decisions rendered by appellate judges? Other than the case you cite, are there additional bases of which you’re aware to indicate that she will be a “results-oriented voter?”
  • When considering your advice, should Senators consider whether your authorship of the OLC ‘torture’ memoranda was the product of some emotion of yours rather than the correct reading of the Constitution? If so, which emotion of yours should they consider?

Don’t hold your breath but I’ll post any reply I receive from Mr. Yoo.

Crossposted at Oxdown Gazette.

H/t Josh Marshall at TalkingPointsMemo.


7 Responses

  1. It’s pretty incredible that Yoo has the testicular fortitude to even discuss “faithfully applying the Constitution”…

    • He’s apparently following former Vice President Cheney’s lead. I believe that the pressure to prosecute is striking a chord with the White House which frightens them.

  2. i wonder if lightning strikes yoo whenever he types the word, constitution.

  3. Excellent.

    Cross-posted at my place.

    • Always good to hear from you B’man. Thanks for the visit and the link is much appreciated.

      As we discussed pre-election about that election, I voted based only on who would get to make the next Supreme Court nomination(s). This particular nomination won’t change the complexion of the Court (because Pres. Obama is making the appointment to replace Justice Souter) but it likely would have radically altered the Court if a Republican had made this nomination. And as important as this nomination is, the next appointments will each be even more so.

      What do you think about the nomination of Judge Sotomayor?

  4. The Pentagon was doing some research on Mr. Yoo today. I hope they’re not just now getting around to vetting Mr. Yoo and his incompetent, unethical advice.

    Referring Link No referring link
    Host Name
    IP Address [Label IP Address]
    Country United States
    Region District Of Columbia
    City Washington
    ISP The Pentagon
    Returning Visits 1
    Visit Length 28 seconds
    Browser MSIE 6.0
    Operating System Windows XP
    Resolution Unknown
    Javascript Disabled
    Navigation Path
    Date Time WebPage
    September 30th 2009 11:41:37 AM No referring link
    September 30th 2009 11:42:05 AM No referring link

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