I have written about this before, but every time I see John Yoo's column (yes believe it or not this war criminal is allowed a column in the Philadelphia Inquirer) i just lose it. I cant fathom how anyone in their right mind would consider this persons opinion on Obama valid.
More after the jump
For his current article, Yoo dishes out the irony big time. Here we have a lawyer for the previous administration, who may have commited war crimes, passing judgement on Obama. The article starts off
Obama needs a neutral justice
Justice David H. Souter's retirement from the Supreme Court will open a window into whether President Obama is truly a coolheaded, moderate technocrat, as claimed by Democrats, or a standard-bearer for some of the left's most extreme ideas, as claimed by Republicans.
The stakes are high - the nine justices set national law on divisive issues such as affirmative action, abortion, and religion. But Obama's choice will not shift the court's balance of power, which is divided among four liberals (John Paul Stevens, Souter, Ruth Bader Ginsburg, and Stephen G. Breyer), four conservatives (John G. Roberts Jr., Antonin Scalia, Clarence Thomas, and Samuel A. Alito Jr.), and one man in the middle (Anthony M. Kennedy). Obama's nominee will keep the liberal pack intact.
Thats when I lost it. Down goes the coffee and on goes the computer. The Enquirer reminds us at the end of the article that Yoo has served as a law clerk to Justice Clarence Thomas. The f@#cking nerve. John Yoo writing about moderation. What. The. F#@ck.
But liberals want more. They want a progressive thinker who can challenge Scalia and Thomas and their revolutionary ideas for modern constitutional law. While a witty man and elegant writer, Souter did not pen any landmark opinions that will be remembered in the decades to come. The liberal wing of the court has yet to produce a worthy heir to the mantle of Chief Justice Earl Warren or Justice William Brennan.
Obama promises something different. In 2007, candidate Obama declared that his judges would "recognize what it's like to be a young teenage mom, the empathy to understand what it's like to be poor or African American or gay or disabled or old." When he announced Souter's retirement, the president stated he would nominate "someone who understands that justice isn't about some abstract legal theory or footnote in a case book; it is also about how our laws affect the daily realities of people's lives." Empathy is "an essential ingredient for arriving at just decisions and outcomes."
Empathy. The same old right wing talking point. This coming from a guy who helped legalize torture. My head hurts just thinking about it. It is enought to cancel my enquirer subscrition. Just for the record here is Obamas statement on his pick
I will seek somebody with a sharp and independent mind and a record of excellence and integrity. I will seek someone who understands that justice isn't about some abstract legal theory or footnote in a case book. It is also about how our laws affect the daily realities of people's lives -- whether they can make a living and care for their families; whether they feel safe in their homes and welcome in their own nation.
I view that quality of empathy, of understanding and identifying with people's hopes and struggles as an essential ingredient for arriving as just decisions and outcomes. I will seek somebody who is dedicated to the rule of law, who honors our constitutional traditions, who respects the integrity of the judicial process and the appropriate limits of the judicial role. I will seek somebody who shares my respect for constitutional values on which this nation was founded, and who brings a thoughtful understanding of how to apply them in our time.
Emphasis mine. All they see in that statement is empathy.
back to Yoo. He closes this bit of trash with this
Obama could make a pick based solely on race or sex - though it's not clear why the most empathetic judges are minorities or women - to please parts of his coalition. But if the president wants to secure the success of his economic, political, and national-security objectives, he should remember FDR's example and choose a judge who believes in the right of the president and Congress, not the courts, to make the nation's policies. If Obama shoots for empathy instead, he will give Senate Republicans yet another opportunity to rally around a unifying issue where they better represent the majority of Americans.
Every time I read his articles I want to scream I have written countless letters to the editor and they are never published. So I am hoping to turn up the heat. Contact the Enquirer and let them know hoe you feel about the validity of having John Yoo pass judgment on Obama.
Submissions to the main letters section may be e-mailed to Inquirer.Letters@phillynews.com; mailed to Readers Editor, The Inquirer, Box 41705, Philadelphia, Pa. 19101; or faxed to 215-854-4483. Questions? Call 215-854-5801.
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