Tortured logic

I bet you’ve been wondering, “What does John Yoo think about the Garland nomination?” Well you don’t have to wonder no more:

Senate Republicans should keep Justice Scalia’s seat open at least until the November elections. The Senate has rarely confirmed Supreme Court nominees during a presidential election year, especially when opposite parties have controlled the Senate and the White House. The Constitution does not require the Senate to confirm anyone; it only requires the Senate’s advice and consent before the president can appoint a justice to office. The Republicans can await the outcome of the elections. If a Republican wins the presidency, then the people will have spoken in favor of replacing Justice Scalia with another conservative. If a Democrat wins, the Senate could confirm Garland or await a pick from Clinton or Sanders. But in either case, the American people will have had a say in filling a seat on a Court that has seized more and more issues from the political process. It is the least that democracy requires.

Pensees:

(1) Prof. “I think it’s OK to crush a baby’s testicles if it gets good results” Yoo could have also mentioned that the Senate has rarely confirmed Supreme Court nominees during years when the Broncos win the Super Bowl, or Leonardo DiCaprio wins an Oscar, since those facts would be equally relevant to his argument.

(2) The “principle” adduced by the Torture Prof has no inherent or natural limitation. Is December prior to an election year included? The summer before an election year? The second half of a president’s term?

(3) Also, too, what about the American people who voted for the person who is the president right now? Why doesn’t democracy require giving voice to their choice in regard to who picks the next SCOTUS nominee?

(4) Why do I keep reading The Corner? I always hate myself in the morning, but I have an addiction, and since I’m not working class it’s not actually my fault your honor.