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Legal Commentary

: Prawfs

Yoo Must Be Joking

By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel

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For a nice contrast to Greenbaum's article, which I wrote about below, you might check out this op-ed by John Yoo, arguing that the way for Republicans to fix "the broken appointments process" is to filibuster just about anyone Obama nominates to the Supreme Court."  It is everything Greenbaum's article is not.  Greenbaum makes a fairly obvious point, but one that is correct and that is well-supported by his article.  Yoo, on the other hand, makes a non-obvious point, but also one that is wrong, nearly incoherent, and abysmally reasoned.  It's also, while I'm at it, well outside his scope of expertise.  There's nothing unusual about that; if people didn't write outside their sphere of expertise, there would be no op-ed writers and visiting scholars at the AEI in the first place -- let alone bloggers.  But nothing about being an originalist gives one any special insight into the modern judicial appointments process, Senate politics, electoral politics, or public opinion -- and it shows in every line of Yoo's piece.   

Full post as published by Prawfs on May 03, 2010 (boomark / email).

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