A Quote by John Yoo
A decision by the Supreme Court to subject Guantanamo to judicial review would eliminate these advantages.
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As an exercise of raw judicial power, the Court perhaps has authority to do what it does today; but, in my view, its judgment is an improvident and extravagant exercise of the power of judicial review that the Constitution extends to this Court.
The Court's legitimacy arises from the source of its authority - which is, of course, the Constitution - and is best preserved by adhering to decision methods that neither expand nor contract but legitimize the power of judicial review.
In a surprising unanimous ruling, the Supreme Court ruled the police cannot search what is on your phone without a warrant. Court observers said a unanimous decision from this court was slightly less likely than Scalia winning the annual Supreme Court wet robe contest.
If people around the world knew how well people at Guantanamo Bay are treating prisoners, they would not fall prey to the accusations that some in our Chamber are making. They are all receiving judicial review.
The Supreme Court would benefit from the addition of a justice who has real experience as a practicing lawyer. The current justices have all been chosen from the lower federal courts. A nominee with relevant non-judicial experience would bring a different and useful perspective to the court.
I’ve chosen not to challenge the rule of law, because in our system there really is no intermediate step between a Supreme Court decision and violent revolution. When the Supreme Court makes a decision, no matter how strongly one disagrees with it, one faces a choice –are we, in John Adams’ phrase, a nation of laws, or is it a contest made on raw power?
Of the judicial department of the Government, the Supreme Court is the head and representative, and to it must come for final decision all the great legal questions which may arise under the Constitution, the laws, or the treaties of the United States.
You can understand why the original framers of judicial ethics thought it would be undignified and would call into question the legitimacy of the judicial decision-making process to have mudslinging by judges, but the way that we hobble people of enormous integrity from defending themselves is, I think, deeply problematic in states where you have an elected judiciary, or a judge is subject to recall.
The notion that the Supreme Court comes up with the ruling and that automatically subjects the two other branches to following it defies everything there is about the three equal branches of government. The Supreme Court is not the supreme branch. And for God's sake, it isn't the Supreme Being. It is the Supreme Court.
Judicial excellence means that a Supreme Court justice must have a sense of the values from which our core of our political- economic system goes. In other words, we should not approve any nominee whose extreme judicial philosophy would undermine rights and liberties relied upon by all Americans.
One of the reasons this election is so important is because the Supreme Court hangs in the balance. We need to overturn that terrible Supreme Court decision, Citizens United, and then reform our whole campaign finance system.
The notion that Congress can change the meaning given a constitutional provision by the Court is subversive of the function of judicial review; and it is not the less so because the Court promises to allow it only when the Constitution is moved to the left.
Class warfare always sounds good. Taking action against the rich and the powerful and making 'em pay for what they do, it always sounds good. But that's not the job of the Supreme Court. The Supreme Court standing on the side of the American people? The Supreme Court adjudicates the law. The Supreme Court determines the constitutionality of things and other things. The Supreme Court's gotten way out of focus, in my opinion.
Arresting and detaining these dangerous people can make sense, at least until a final decision is reached on their deportation. However, such detention must always be subject to time limits and court review.
In fact, Native American Rights Fund has a project called the Supreme Court Project. And quite frankly, it's focused on trying to keep cases out of the Supreme Court. This Supreme Court, Justice Roberts is actually, hard to believe, was probably worse than the Rehnquist Court. If you look at the few decisions that it's issued.
When President Donald Trump nominated Judge Neil Gorsuch to serve on the Supreme Court, I said that he deserved a fair hearing and a vote. I said this even though Senate Republicans filibustered dozens of President Obama's judicial nominees and then stopped President Obama's Supreme Court nominee, Judge Merrick Garland.
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