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JeffreyToobin's profile
Jeffrey Toobin
Jeffrey Toobin
Jeffrey Toobin
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@JeffreyToobin

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Jeffrey ToobinVerified account

@JeffreyToobin

Staff writer for @NewYorker, Senior Legal Analyst for @CNN, Author of AMERICAN HEIRESS.

New York, NY
jeffreytoobin.com
Joined March 2012

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    Jeffrey Toobin‏Verified account @JeffreyToobin Jul 31

    History lessons for the fight over #Kavanaugh. TL;dr Surrender is the worst option. My @NewYorker column.https://www.newyorker.com/news/daily-comment/should-democrats-bother-fighting-brett-kavanaughs-confirmation-history-suggests-yes …

    6:30 AM - 31 Jul 2018
    • 174 Retweets
    • 369 Likes
    • Melissa Pollock Richard Cheese MaximumMary Marcia M-Rogers Tony Beeman Deja Vishny Andrew Jackson Iam Tired2 🌊🌀 Doka
    30 replies 174 retweets 369 likes
      1. New conversation
      2. Jonathan H. Adler‏Verified account @jadler1969 Jul 31
        Replying to @JeffreyToobin @NewYorker

        On what do you base your claim that "Kavanaugh’s approach to the interpretation of statutes suggests that he would rule against mandatory coverage for preëxisting conditions." It can't be his approach to outlandish ACA claims or severability, so what's it based on?

        12 replies 2 retweets 12 likes
      3. Randy Clayton‏ @randalleclayton Jul 31
        Replying to @jadler1969 @JeffreyToobin @NewYorker

        Maybe that he previously dissented in a case which upheld the constitutionality of the ACA?https://www.google.com/amp/s/www.washingtonpost.com/amphtml/opinions/brett-kavanaugh-could-take-an-ax-to-obamacare/2018/07/09/c8817c50-83df-11e8-8f6c-46cb43e3f306_story.html …

        1 reply 3 retweets 19 likes
      4. Jonathan H. Adler‏Verified account @jadler1969 Jul 31
        Replying to @randalleclayton @JeffreyToobin @NewYorker

        He dissented on jurisdictional claim that would have prevented court from reaching merits (thereby preventing legal invalidation). He also turned away multiple other ACA challenges. So how does that substantiate the claim?

        1 reply 0 retweets 3 likes
      5. Randy Clayton‏ @randalleclayton Jul 31
        Replying to @jadler1969

        I’m not a lawyer, so I can’t discuss this point. Lawyers I have heard discuss it seem to me to be saying he would side with the justices who held ACA unconstitutional. Perhaps, like Scalia, he doesn’t think health care is interstate commerce?

        1 reply 0 retweets 3 likes
      6. Jonathan H. Adler‏Verified account @jadler1969 Jul 31
        Replying to @randalleclayton

        That was never Scalia's position and not what NFIB dissent said. In any event, if Kavanaugh agreed with NFIB dissenters in subsequent case, he'd merely replicate Kennedy's vote and ACA still survives 5-4.

        2 replies 0 retweets 3 likes
      7. Randy Clayton‏ @randalleclayton Jul 31
        Replying to @jadler1969

        As you surely know, Texas and several other states are suing to invalidate ACA. Their reasoning, as I understand it, is that without the mandate the Robert’s tax argument is void. This seems to dovetail with kavanaugh’s jurisdictional dissent, no?

        1 reply 0 retweets 2 likes
      8. Jonathan H. Adler‏Verified account @jadler1969 Jul 31
        Replying to @randalleclayton

        Not really. Whether something is a tax for anti-injunction purposes is quite different from the constitutional inquiry. As for the case more broadly, I've written extensively about it (and even filed an amicus brief in it). https://reason.com/volokh/2018/06/11/the-clever-red-state-lawsuit-against-the …https://www.nytimes.com/2018/06/19/opinion/an-obamacare-case-so-wrong-it-has-provoked-a-bipartisan-outcry.html …

        0 replies 0 retweets 2 likes
      9. End of conversation
      1. Jonathan Tasini‏Verified account @jonathantasini Jul 31
        Replying to @JeffreyToobin @NewYorker

        Good piece Jeff. The only problem is: today's Republican Party isn't simply far more rightwing. It's run by ppl who do not care abt facts or morality--only power & lining their pockets. They *want* the same immoral figures on SCOTUS to enrich the few.

        0 replies 0 retweets 6 likes
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      1. From Chicago‏ @FromChicagoland Jul 31
        Replying to @JeffreyToobin @JaneMayerNYer @NewYorker

        Surrender is always the worst option. When @TheDemocrats don’t put up a fight, voters think they don’t care enough to bother. And then voters don’t bother to show up at the polls.

        0 replies 0 retweets 1 like
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      1. ShirleySmith Kirsten‏ @Arioso7 Jul 31
        Replying to @JeffreyToobin @NewYorker

        But your article doesn't factor in DEMS Manchin, Donnelly, Heitkamp who might sadly support Kavanaugh. Schumer cannot reign in his DEM caucus, and is publicly forgiving of their likely betrayal.

        0 replies 0 retweets 1 like
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      1. Rick Joseph‏ @rickyj915 Jul 31
        Replying to @JeffreyToobin @NewYorker

        Nice article, Jeffrey. Thanks

        0 replies 0 retweets 1 like
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      1. PJ‏ @pjul1984 Aug 29
        Replying to @JeffreyToobin @NewYorker

        Fortunately, no choice in the matter.

        0 replies 0 retweets 0 likes
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      1. Liberty Mitchell‏ @libertythePD Aug 4
        Replying to @JeffreyToobin @NewYorker

        The Dems even CONSIDERING meeting with this viper is inexcusable. NOTHING to gain. #BlockKavanaugh #MerrickGarland @DNC @SenateDems @SenSchumer

        0 replies 0 retweets 0 likes
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      1. Becca Taylor‏ @Acceberrolyat Aug 2
        Replying to @JeffreyToobin @NewYorker

        Yes they should! Let’s speak about Kavanaugh, believing woman shouldn’t have the same access to birth control that men do to viagra.

        0 replies 0 retweets 0 likes
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      1. John Day‏ @day1038 Aug 2
        Replying to @JeffreyToobin @NewYorker

        Democrat Senators Demand a Million Bush Documents Re Kavanaugh but WON'T SIT DOWN & ASK HIM QUESTIONS! WHAT OPEN MINDS???

        0 replies 0 retweets 0 likes
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