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.
That’s written by non-other than Constitution shredding attorney John Yoo. I got a feeling Yoo is more worried about himself than the balance of the court. Chances are the next justice will hear arguments about things like torture and warrantless wiretapping, and who was one of the people who helped bring those things to life? John Yoo.