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Harold Koh Confirmed After Long GOP Delay

First Posted: 07/26/09 06:12 AM ET Updated: 05/25/11 02:30 PM ET

Koh

Foreign Policy:

Yale Law School Dean Harold Koh was confirmed as the State Department Legal Advisor in a roll call vote, 62-35.

Koh was tapped for the job nearly four months ago, but has faced criticism from some conservatives for an alleged "transnational" approach to the law. But ranking Senate Foreign Relations Committee Republican Sen. Richard Lugar (R-IN) threw his support to Koh, in a statement Thursday: "After reading his answers to dozens of questions, attending his hearing in its entirety, meeting with him privately, and reviewing his writings, I believe that Dean Koh is unquestionably qualified to assume the post for which he is nominated."

Read the whole story: Foreign Policy

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This user has chosen to opt out of the Badges program
04:57 AM on 06/26/2009
I get the feeling that The Party of No would love him, if only he were another yes-man for Bush and Cheney.
03:25 AM on 06/26/2009
I hope their worst nightmares about him come to pass
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HUFFPOST SUPER USER
Zen0469
An empty micro-bio is a happy micro-bio.
12:30 AM on 06/26/2009
Good to hear that Congress got something right. Good move on Kohl confirmation.

Republithugs who held up the confirmation should be hung by their thumbs.
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booboo111
micro-bio
12:36 AM on 06/26/2009
You mean by their toes.
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HUFFPOST SUPER USER
TJCole
12:01 AM on 06/26/2009
He should have been Obama's Supreme Court Appointee, he would have been an important check on that totalitarian lunatic Antoni Scalia...!
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booboo111
micro-bio
12:37 AM on 06/26/2009
This positions him for the next nomination to the s.c.
12:49 AM on 06/26/2009
I think you are right. He would have been more unacceptable to the repubs than sotomayor at this point in time. He would be a great appointee.
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HUFFPOST SUPER USER
TJCole
01:40 AM on 06/26/2009
Let's hope it plays out that way, he is brilliant and also an original thinker..!
01:16 PM on 06/26/2009
Right about that - Koh is a radical internationalist

http://www.eppc.org/publications/pubID.3793/pub_detail.asp

Scalia apparently isn't

Thompson v. Oklahoma, 487 U.S. 815, 869 n.4 (1988) (plurality opinion) (Scalia, J.,
dissenting) (“[T]he views of other nations, however enlightened the Justices of this
Court may think them to be, cannot be imposed upon Americans through the Consti-
tution.â€); see also Roper v. Simmons, 125 S. Ct. 1183, 1229 (2005) (5-4 decision)
(Scalia, J., dissenting) (“‘Acknowledgement’ of foreign approval has no place in the
legal opinion of this Court . . . .†); Lawrence v. Texas, 539 U.S. 558, 598 (2003)
(Scalia, J., dissenting) (“Constitutional entitlements do not spring into existence be-
cause some States choose to lessen or eliminate criminal sanctions on certain behav-
ior. Much less do they spring into existence, as the Court seems to believe, because
foreign nations decriminalize conduct.â€).

Transcript of Discussion Between U.S. Supreme Court Justices
Antonin Scalia and Stephen Breyer at the American University Washington College
of Law, Constitutional Relevance of Foreign Court Decisions (Jan. 13, 2005), avail-
able at http://domino.american.edu/AU/media/mediarel.nsf (follow “AU Media Press
Releases†hyperlink, then follow hyperlink to the transcript title); see also Posting of
Peggy McGuinness to OPINIO JURIS
, Breyer v. Scalia: A “Messy Conversation†on
Foreign Law, http://lawofnations.blogspot.com/2005/01/breyer-v-scalia-messy-
conversation-on.html (Jan. 16, 2005 13:17 CST).
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HUFFPOST SUPER USER
Scar1
11:44 PM on 06/25/2009
Good to hear he got the job. Nice to hear something good.
11:12 PM on 06/25/2009
Potassium Hydroxide?
Apologize in advance, because I’m sure the guy has suffered this from wiseacre Yalies all his life, but is it possible that since his name is the symbol for potassium hydroxide, the Republicans didn’t want to be accused again of playing to a base? Or felt the Democratic questioners were just soft soaping the guy? Right, I’m going to turn myself in.
12:45 AM on 06/26/2009
Another Rethuglican lye. All they can do is lye! And their caustic potash, sheesh!

bravo
12:51 AM on 06/26/2009
Clever and funny comment.
This user has chosen to opt out of the Badges program
10:39 PM on 06/25/2009
I wonder if Senator Lugar put dozens of questions to Bush's nominee for the same post.

I think not, the hypocrite.
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HUFFPOST COMMUNITY MODERATOR
bubbuh
10:58 PM on 06/25/2009
He read the standard interrogatories as well as those posed by all the members of the committee. Use your brain instead of your spleen
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somsoc
All humans are atheists at birth.
11:34 PM on 06/25/2009
Sorry bubbuh, you are incorrect, but then again Lugar does occasionally think for himself, only occasionally.
10:37 PM on 06/25/2009
Right on! I am all for Johnson next for SCOTUS after Sotomayor is confirmed.
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Kassandra
Idiot savant artistic genius
10:22 PM on 06/25/2009
YAY!!!!!!! Now, for Dawn Johnson - OLC
IWantTofu
Evolution. Now a political position.
09:44 PM on 06/25/2009
Sometimes the Republicans must give up on principle and do what is right.
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HUFFPOST SUPER USER
DSOTM
Legalize it, now!
07:53 PM on 06/25/2009
Hey Rattler99

Other than saying "We were never attacked after 9/11" please tell me what went right under 8 years of Bush and the GOP leadership?
07:32 PM on 06/25/2009
This is who BO should appoint for the next Supreme Court vacancy. He'll be the perfect counterpoint to Scalia.
09:00 PM on 06/25/2009
Next Supreme Court Vacancy = ELIZABETH WARREN
10:06 PM on 06/25/2009
Lets hope he is Scalia's replacement.
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HUFFPOST SUPER USER
TJCole
01:41 AM on 06/26/2009
Sweet..!
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HUFFPOST SUPER USER
ObamAtomic
06:43 PM on 06/25/2009
Decent man,Mr Lugar!
A few Republican left like you Mr Lugar!
06:26 PM on 06/25/2009
Another minority obstructed by most of "white men party" members. Goes to show you how hard it is for minorities to make it in a white majority. Things like this happen when applying for a job and you happen to be 'different'. Even having all the qualifications in the world, less qualified white people get through easily. Sonia Sotomayor is another example of this fact. Despite having the most comprehensive resume in a long time for a SC nominee, she's still being undermined and made to look like a mediocre. These examples show that this country still has some work to do when it comes to non-inclusion of skin color in job qualifications.
This user has chosen to opt out of the Badges program
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06:48 PM on 06/25/2009
timewaster:

So you think non-whites are too stupid to decide which political philosophy (democrat or republican) they prefer?
Grunty1
Micro-bio this
07:13 PM on 06/25/2009
There aren't many people who make a philosophy of hating people that look like themselves.

Or do you think non-white people are willing to throw away self-respect put up with hatred directly at them personally?
07:22 PM on 06/25/2009
yep, that's what timewaster (good name) is saying
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HUFFPOST COMMUNITY MODERATOR
Quaoar
10:43 PM on 06/25/2009
In truth, I think the Repubs are obstructing simply for the sake of obstructing and trying to prove to America that they are still relevant.
This user has chosen to opt out of the Badges program
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BrickSykes
"Professor, Harvard; Chess Mixmaster
11:20 PM on 06/25/2009
I think you just got it!

Brick
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TexasDem0
USMC Vietnam combat vet
06:00 PM on 06/25/2009
Is it possible that the party of NO finally got the message that the Public is tired of NO?
06:43 PM on 06/25/2009
No...
Grunty1
Micro-bio this
07:14 PM on 06/25/2009
Nope. With 62 aye votes, they ran out of ways to obstruct him.