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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 6 Jun 2020

      Dan McLaughlin Retweeted Justin Amash

      This is a debate Congress should have, but we should not oversell the assumption that federal constitutional litigation is the chief forum to address police misconduct.https://twitter.com/justinamash/status/1269317830316560384 …

      Dan McLaughlin added,

      Justin AmashVerified account @justinamash
      Qualified immunity is a Supreme Court-created, federal doctrine that affects state and local policy. It’s judge-made law. It empowers government at the expense of individual rights. Encourage your Republican member of Congress to cosponsor the Ending Qualified Immunity Act.
      4 replies 6 retweets 24 likes
    2. The Captain's Blog‏ @williamnyy23 6 Jun 2020
      Replying to @baseballcrank

      Any consideration of this bill needs to contemplate affordable malpractice insurance because otherwise there'd be little reason to be a cop. Police already risk their lives. Asking them to also risk their financial future will probably tilt the scales. Or maybe that's the point?

      1 reply 0 retweets 0 likes
      Dan McLaughlin‏Verified account @baseballcrank 6 Jun 2020
      Replying to @williamnyy23

      Civil liability needs to recognize some real space for good faith defenses. Where I'm with the reformers is that I don't think the current QI rules are a particularly good way of doing that. Everything turns on the state of the caselaw rather than the cop's basis for acting.

      10:50 AM - 6 Jun 2020
      1 reply 0 retweets 0 likes
        1. New conversation
        2. The Captain's Blog‏ @williamnyy23 6 Jun 2020
          Replying to @baseballcrank

          Isn't the "clearly established" exception a good faith protection against abuse? A better reform would be to more easily weed out bad cops, not tilt the scales so a good cop who acts incorrectly in a difficult situation is forced to prioritize his life or his bank account.

          1 reply 0 retweets 1 like
        3. Loyal Comrade‏ @HCashny 6 Jun 2020
          Replying to @williamnyy23 @baseballcrank

          Of course you're correct but, oolitically, solutions must be steered away from anything threatening public sector unions. So QI will be the rallying cry on the left.

          1 reply 0 retweets 0 likes
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