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baseballcrank's profile
Dan McLaughlin
Dan McLaughlin
Dan McLaughlin
Verified account
@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. Dan McLaughlin‏Verified account @baseballcrank 12 Jul 2019

      This Lawrence Lessig column, ostensibly about gerrymandering, could not possibly be a more transparent effort to sweet talk Chief Justice Roberts into upholding Roe v Wadehttps://beta.washingtonpost.com/opinions/2019/07/10/why-john-roberts-may-be-right-about-gerrymandering/?outputType=amp …

      7 replies 18 retweets 36 likes
      Show this thread
    2. Dan McLaughlin‏Verified account @baseballcrank 12 Jul 2019

      One of many things Justice Scalia was right about: if the Justices are perceived as responding to public and/or political pressure, they will only invite more of it.

      6 replies 46 retweets 161 likes
      Show this thread
    3. Richard Yeselson‏ @yeselson 12 Jul 2019
      Replying to @baseballcrank

      And you don’t believe that the conservative justices are responding to partisan pressure on major cases? Or Justice Scalia himself, at the point when, toward the end of his life, he was citing Fox News in oral arguments and said he had stopped reading the Post or the Times?

      1 reply 0 retweets 1 like
    4. Dan McLaughlin‏Verified account @baseballcrank 12 Jul 2019
      Replying to @yeselson

      There is a major difference between "this person is open to persuasion by hearing facts" - which is true of everyone - and "this person can be deterred or seduced by what people say about the legitimacy of his decisions or the Court, or threats to the Court's future."

      2 replies 0 retweets 7 likes
    5. Richard Yeselson‏ @yeselson 12 Jul 2019
      Replying to @baseballcrank

      Probably. But it’s the fear that no fact pattern on major cases could possibly persuade conservatives on the merits—and let’s see what happens with the latest ACA case—that leads to the wan hope that legitimacy argument might. Toss that case 9-0 and respect starts to be restored.

      2 replies 0 retweets 0 likes
    6. CatrionaMDW‏ @CatrionaMDW 12 Jul 2019
      Replying to @yeselson @baseballcrank

      It is blatantly obvious that a hypothetical Associate Justice Roberts would have joined with Kennedy, Scalia, and Alito on the first Obamacare case. He flipped his vote on the mandate and got Breyer and Kagan to flip on Medicaid expansion.

      1 reply 0 retweets 0 likes
      Dan McLaughlin‏Verified account @baseballcrank 12 Jul 2019
      Replying to @CatrionaMDW @yeselson

      It's also extremely obvious that King v Burwell would have been a 9-0 loss for the government if it had not been a politically charged casehttps://www.nationalreview.com/2018/03/supreme-court-king-v-burwell-decision-political/ …

      1:42 PM - 12 Jul 2019
      • 1 Like
      • Pradheep J. Shanker
      1 reply 0 retweets 1 like
        1. New conversation
        2. Richard Yeselson‏ @yeselson 12 Jul 2019
          Replying to @baseballcrank @CatrionaMDW

          But nobody thinks those cases are remotely equivalent—even Jonathan Adler, who contrived Burwell, but joined an amicus brief opposing this crackpot litigation now before the fifth circuit.

          1 reply 0 retweets 0 likes
        3. Richard Yeselson‏ @yeselson 12 Jul 2019
          Replying to @yeselson @baseballcrank @CatrionaMDW

          Other point I have to add here: you do understand that you could substitute “Bush v. Gore” as the case reference in your article and everything you wrote would be even more true. That was a case where SCOTUS explicitly wrote it was not precedential.

          2 replies 0 retweets 0 likes
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