Monday, October 23, 2006

What do you get...

When you combine bad lawyering with irresponsible acts of legislation? Most familiar with recent political events would say the Military Commissions Act. What is even more insidious is the gall of those who would defend this action as the right thing for the country. One person in particular who uses the justification of the greater good in favor of a unitarian presidency is a law professor and former ranking member of the U.S. Justice Department named John Yoo. Mr. Yoo's perspective is documented in a new column published by the Wall Street Journal. Marty Lederman and Brian Tamanaha from Balkinization do an excellent job of deconstructing Mr. Yoo's perspective. Each bring an interesting opinion as to the purpose of Mr. Yoo's words his column. However, it continues to baffle me as to why people have chosen to target the judiciary as the scapegoat in the games of politics. I think a large part of the problem is the power the judiciary seems to wield over the common man, and rhetoric that politicians can use to color the record of judges who won't respond because of their reserved role in the American political scheme. Judges are easy targets and hard decisions. I find it interesting that Mr. Yoo targets the Supreme Court and their decision in Hamdan especially considering the decision was not the egregious violation of constitutional law and history Mr. Yoo seems to think and how Mr. Lederman explains.

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