OK, Youngstown Steel is the SCOTUS case on the power of the executive in wartime. Right, got that? John Yoo wrote a memo justifying the executive’s approval of torture as an executive wartime power. OK, now in writing that memo, Mr. Yoo had to discuss, indeed he had to rely on Youngstown, in his analysis. Didn’t he? I would think that failure to mention the most important case in an analysis would result in a failing grade at any law school that I’ve ever heard of. Take a look at this takedown of Yoo and his failure to deal with Youngstown.
Funny, I was kind of curious about how he was going to deal with it. I figured some bullshit analogy that isn’t true but that gives at least the first impression of being something on which you can hang a hat. Well, I was wrong, he was so corrupt, that he just ignored it. Talk about sticking your fingers in your ears (“I don’t hear you”).