Yoo On Kagan: Too Narrow A View Of Executive Power
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
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