John Yoo agrees with Robert Bork:
Robert Bork’s criticism of Elena Kagan—for her admiration of Chief Justice Aharon Barak of the Israeli Supreme Court—is well-founded. Barak is the poster child for judicial activism. Barak has brazenly pushed the power of the Court to the point where it reviews the use of lethal force to target terrorist leaders, hears cases brought by human rights groups against the Israeli intelligence agencies and their detention and interrogation policies, and even directs the Israeli government where the wall along the Palestinian territory should run. All of this without anything like an American-style written Constitution! And Barak is not shy about what he is doing—he has openly said that he believes his job is not interpreting Israeli law, but doing “justice” and advancing democracy, despite his lack of any constitutional warrant. If transplanted to the United States, Barak’s approach would convert the U.S. Supreme Court into a super-legislature second-guessing every decision of the political branches of government, where the Constitution vests decisions on war and peace.