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baseballcrank's profile
Dan McLaughlin
Dan McLaughlin
Dan McLaughlin
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@baseballcrank

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Dan McLaughlinVerified account

@baseballcrank

Senior Writer @NRO. Reaganite, Catholic, Mets fan, ex-lawyer. Opinions 100% my own, but you can share them. Not the Cardinals broadcaster.

New York
nationalreview.com/author/dan-mcl…
Joined May 2009

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    1. Rachel Shelden‏ @rachelshelden 18 Mar 2019

      Each judge was assigned a circuit and spent several weeks a year trying cases at each court within the circuit. And as @jbouie pointed out, the 1837 expansion of the Court happened in large part because there was a need for new circuits to account for new states in the union. /5

      1 reply 3 retweets 20 likes
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    2. Rachel Shelden‏ @rachelshelden 18 Mar 2019

      No one at the time would have called this "packing" nor would they have conceived of it this way. And the implication that adding justices was a way to shore up slavery is a wild misreading of the past and the context in which Congress changed the shape of the Court. /6

      1 reply 2 retweets 26 likes
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    3. Rachel Shelden‏ @rachelshelden 18 Mar 2019

      A second problem in what @baseballcrank is arguing is an assumption that Americans have always conceived of the Court in the same way that they do today. /7

      1 reply 1 retweet 17 likes
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    4. Rachel Shelden‏ @rachelshelden 18 Mar 2019

      But the federal courts did not have the same kind of power or prestige we give the Supreme Court in the 21st century. There was not the same adherence to a hierarchy of the judicial system as we know from great work by Laura Edwards, @marthasjones_, @arielagross and others /8

      2 replies 3 retweets 25 likes
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    5. Martha S. Jones, JD, PhD‏ @marthasjones_ 18 Mar 2019
      Replying to @rachelshelden @arielagross

      Thanks for the mention. And, yes, when we dig in we find that Dred Scott, as heinous as Justice Taney’s ideas certainly were, they mostly failed because of widespread resistance to the decision.https://www.washingtonpost.com/news/made-by-history/wp/2018/07/06/how-to-resist-bad-supreme-court-rulings/?noredirect=on&utm_term=.442ef958a9b0 …

      2 replies 0 retweets 1 like
    6. Dan McLaughlin‏Verified account @baseballcrank 18 Mar 2019
      Replying to @marthasjones_ @rachelshelden @arielagross

      Yes. It was a vicious cycle: Taney tried to take an issue away from the voters without a basis in the text; his decision galvanized resistance; that resistance in turn alarmed the South. Both sides radicalized, the South bolted, leading to war.

      1 reply 0 retweets 1 like
    7. Rachel Shelden‏ @rachelshelden 18 Mar 2019
      Replying to @baseballcrank @marthasjones_ @arielagross

      Dred Scott was clearly a contributing factor in the sectional conflict, but this is an awfully simplistic way of explaining the Civil War. There was not a one-to-one cause and effect here.

      2 replies 0 retweets 3 likes
    8. Rachel Shelden‏ @rachelshelden 18 Mar 2019
      Replying to @rachelshelden @baseballcrank and

      The biggest complaint that most white Northerners had about the decision was the element relating to Congress's right to legislate for the territories. And congressmen from both sections simply *ignored* that part of the decision in trying to create a compromise in 1860/61.

      1 reply 0 retweets 2 likes
    9. Dan McLaughlin‏Verified account @baseballcrank 18 Mar 2019
      Replying to @rachelshelden @marthasjones_ @arielagross

      The status of the territories was the central battleground of the 1850s, the Lincoln-Douglas debates, the Kansas-Nebraska Act fight, and Bleeding Kansas. It was Southern fear of Lincoln's stance on the territories that was central to secession.

      3 replies 0 retweets 1 like
    10. Rachel Shelden‏ @rachelshelden 18 Mar 2019
      Replying to @baseballcrank @marthasjones_ @arielagross

      Indeed. But you didn't need the Supreme Court's decision in Dred Scott to make it an issue -- it already was one. Republicans absolutely used the decision to create political support but Taney's decision was not the trigger for conflict on that issue.

      1 reply 0 retweets 1 like
      Dan McLaughlin‏Verified account @baseballcrank 18 Mar 2019
      Replying to @rachelshelden @marthasjones_ @arielagross

      I don't think you need to treat Dred Scott as somehow the sole cause of the war (it wasn't) to see it as a dangerous, prominent & significant step down that path & one that we should be very hesitant to repeat.

      2:45 PM - 18 Mar 2019
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      1 reply 0 retweets 1 like
        1. Rachel Shelden‏ @rachelshelden 18 Mar 2019
          Replying to @baseballcrank @marthasjones_ @arielagross

          Of course: Dred Scott was a dangerous and evil decision that contributed to the war. The problem here is trying to tell a story with a straight line from reshaping the Court in the 1830s to Dred Scott to the Civil War.

          1 reply 0 retweets 1 like
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