Legal Commentary

Yoo On Kagan: Too Narrow A View Of Executive Power

By Big Tent Democrat

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

Full post as published by TalkLeft on May 26, 2010 (boomark / email).