What would a Justice Koh’s jurisprudence look like? Jeffrey Rosen notes that Koh “has supported the idea that U.S. courts should expansively apply international legal precedents without the authorization of the president and Congress.” John McGinnis (.pdf) likewise observes that: “Harold Koh in fact would like to cabin American exceptionalism through the use of transnational materials to assure that American principles would cohere more with the rest of the world.” The increasing use of such precedents by the left wing of the Supreme Court, of course, has been a major irritant to conservatives.

Andrew McCarthy and Doug Kmiec have both raised concerns that a Justice Koh would handcuff the police and intelligence community by judicial fiat. A Law Blog reader quipped that, “other than that he’d be a sure vote for declaring Gitmo detainees have a constitutional right to Social Security benefits, I do not see the appeal.”

On a related point, consider his strong support for keeping military recruiters off the Yale campus. as the Yale Daily News reported, “despite a 8-0 smack down by the Supreme Court in the military recruiting case Rumsfeld v. FAIR, Koh still refused to grant ROTC equal access to the Law School.”

There can be no doubt but that Koh would be a liberal activist of a stripe we haven’t seen since Brennan and Marshall. There can be no doubt that he’ll be at or near the top of the list in an Obama or Clinton presidency.

With the CPAC promise on the record, anybody who thinks John McCain would nominate Koh or anybody remotely near him on the ideological spectrum is suffering from such an extreme case of McCain derangement syndrome that they’re beyond the help of even modern pharmapsychology.
Stephen Bainbridge is the William D Warren Professor at the UCLA School of Law and blogs at http://www.ProfessorBainbridge.com

One more reason why
Huckabee/Thompson will defeat Obama/Edwards Nov. 2008

TexasDan on February 12, 2008 at 6:46 PM

Ugh! I apologize for the crickets comment, I had been reading all the posts beforehand, so it honestly did not cross my mind that everyone had left by then, or to even check when the last post was… oops, my bad!

But neither am I the bad guy here. And, I’m definitely getting tired of being referred to as a McCain supporter!

It’s strikingly funny that we (conservatives) are always deriding the “Blame America” people, and we’d rather that they be “America First” types, and yet, here we are.

The understanding I have from all the anti-McVain people is that conservatism, first and foremost, is what the Republican party is supposed to represent, as opposed to representing “America First”. Is party loyalty meant to be taken to such extremes? I clearly remember the Gipper switched parties before becoming a Republican.

So, I seem to be confused when all the “so-called” conservatives reject the RINO (deservedly so, IMO) and say that they would rather see the Democrats take over the White House, than vote in this particular RINO. I just don’t get it!

What happened to America first? Am I supposed to believe that Ronald Reagan would approve of this stand against McCain, knowing the alternative? REALLY?!? It is my opinion, and of those others who have resigned themselves to voting for Senator McSnide, that we are Americans first, not Republican or Conservative first. We must do what’s right for America, my friends (just kidding!!), but seriously, what other option do I have as an “America First” type of person? Allowing Cankles or Hussein the opportunity to “run” America as it were, Ronald Reagan surely must be spinning in his grave.

Our base is split, theirs is not.

melkor on February 12, 2008 at 8:20 PM

HAH.

You haven’t kept up at Kos or DU lately, have you? The divisions over Clinton vs Obama is quite substantial, with a lot of libs hating Clinton’s hawkishness and they don’t trust her much more than we do.

Reading this thread sends deathly cold chills up my spine.

Our base is split, theirs is not.

We are going to get slaughtered in November, both for the White House and in the congressional races.

Tax hikes, liberal-activist judges for SCOTUS, surrender in the ME including ditching Israel, socialist health care and global warming hoax preservation.

Where the HELL is may Maker’s Mark/rocks.

a capella, Rush Baby, MadisonConservative,

What did you do to support your candidate?

Did you go out and convince someone that ‘your guy’ was the
right guy’?

Did you support ‘your guy’ other than just voting?

belad on February 12, 2008 at 6:36 PM

I’m not sure about a cappella, but RB, MC, myself and many others here sent money and actively supported our candidate.

TexasDan on February 12, 2008 at 6:54 PM

I’m with you Tex. I sent donations to my man twice. My wife and her friends worked the phones. My sister-in-law organized up state. I was invested in mine. The two left lied about my man. They don’t and won’t get my vote. I’m taking a pen when our primary comes around.

The irresponsibility of these politicians who blithely make decisions without a second thought to the environmental impact is shocking. I suggest we band together to form a Detention Conservation campaign to rouse public opinion on this. How many polar bears need drown before action is taken? Let’s keep Gitmo and win one for Mother Earth.

a capella, Rush Baby, MadisonConservative,

What did you do to support your candidate?

Did you go out and convince someone that ‘your guy’ was the
right guy’?

Did you support ‘your guy’ other than just voting?

belad on February 12, 2008 at 6:36 PM

I’m not sure about a cappella, but RB, MC, myself and many others here sent money and actively supported our candidate.

~crickets~

Califemme on February 12, 2008 at 6:15 PM

Are you really that self important that you go off in a huff when no one responds to your post in 11 minutes time?

McCain, and his supporters, appear to have only one approach to conservatives: to browbeat and threaten the rest of the party into supporting him. Yes, the conservative base was split between various candidates, leaving the door open for McCain–supported by all those who crossed over to vote Republican in the open primaries of the early states. Those of us who were paying attention are far from “impressed” by this victory, nor are we inspired to vote for a backstabbing jerk as “our guy”.

Keep up the alienating tatics.

Now I ask you, do you really trust the Dems over McCain?

Califemme on February 12, 2008 at 6:04 PM

Wrong question… and the one the Repub party people are missing…

When I cast my vote, I am voting for the person I want as President, not against the person I don’t want.

Last election I held my nose and voted for Bush, because he wasn’t as bad as Kerry… but then see where we’ve ended up?

Bush is a RINO… McCain is a Washington insider RINO. Its getting nothing but worse.

So I, and many like me, have decided NOT to support a party… but to support an individual… problem is that I can’t support McCain… so I’ll find someone to vote for who I DO want as President… even if they are unelectable.

I will no longer let the gamesmanship the Two parties have created dictate my vote.

What did you do to support your candidate?

Did you go out and convince someone that ‘your guy’ was the
right guy’?

Did you support ‘your guy’ other than just voting?

My curly little lightbulbs shine his name.

Abel’s brother with a Mc, he the Cain.

Too easy.

P.S. Screw Der Shpeegul. Birdcage material.

Now I give you Monica Lewinsky’s ex-boyfriend’s wife’s Conservative rating:
2004: 0
2005: 10
2006: 8
Lifetime Score: 9
Years of Service: 4

And just in case you were gonna vote for the Messiah:
National Journal says Barak Obama was the #1 most liberal senator in 2007, while Hillary Clinton came in at a modest 16th.

Now I ask you, do you really trust the Dems over McCain?

Someone on this thread sounds like he grew up lives in a sewer

Rose on February 12, 2008 at 4:12 PM

Fixed

BTW, did I mention I would never vote for him?

Hiney Von Pewps on February 12, 2008 at 4:10 PM

Great post. You’ve managed to:

a) Exhibit a high degree of self-parody;
b) Indulge in projection psychology of the worst sort;
c) Display a staggering amount of self-delusion.

Congatulations on the hat trick. And again, as I said before, good luck.