home

Yoo On Kagan: Too Narrow A View Of Executive Power

This is pretty funny:

Some have suggested that because [Kagan's 2001 Harvard Law Review] article looks favorably on President Bill Clinton’s energetic use of executive orders and regulatory efforts, Ms. Kagan must agree with the Bush administration’s theories of the unitary executive.

This is a mistake [. . . H]er article clearly and directly rejected the theories supporting the executive branch’s broad constitutional powers. [. . .]

This is actually very true, as I explained on April 14. Of course for Yoo, this is a bad thing. For the civilized world, it is a favorable for Kagan.

Speaking for me only

< House Bill Contains Provision to Investigate Lawyers for Detainees | Wednesday Afternoon Open Thread >
  • The Online Magazine with Liberal coverage of crime-related political and injustice news

  • Contribute To TalkLeft


  • Display: Sort:
    I chuckled at the headline too (none / 0) (#1)
    by andgarden on Wed May 26, 2010 at 01:35:18 PM EST


    Yoo-hoo-hoo! (none / 0) (#2)
    by Dadler on Wed May 26, 2010 at 02:11:14 PM EST
    That was a good one. What a putz.

    Just because (none / 0) (#3)
    by Jen M on Wed May 26, 2010 at 05:04:59 PM EST
    she doesn't believe in absolute power?

    The problem is, of course, that this (none / 0) (#4)
    by Anne on Thu May 27, 2010 at 06:56:47 AM EST
    is 2010, and there is little prior to that date, and little in the intervening years, that would form much of a basis for reaching any conclusions about what Elena Kagan thinks/believes; who one worked for and in what capacity is a resume, not a belief system.

    Yes, there was her testimony in her SG hearings, but, again, there is almost nothing to contrast it against - she has no body of work that would enable anyone who doesn't claim to know her to divine where she falls on any issue's spectrum.

    IF Yoo says she isn't conservative (none / 0) (#5)
    by seabos84 on Thu May 27, 2010 at 09:42:17 AM EST
    enough,

    THEN it is probably a lie,

    AND we're gonna get stuck with another closet righty.

    Yawn... I could be wrong - I think I have an 85% chance of being correct, and, obviously, others will think differently about my chances of being right.

    rmm.