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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 Jul 2020

      1. The faithless-elector decision is, its legal merits aside, a healthy development for the fall elections. States can, of course, allow faithless electors, but long tradition has taught Americans & their candidates to assume that the winner of a state's vote gets its electors.

      14 replies 9 retweets 83 likes
      Show this thread
    2. Richard Yeselson‏ @yeselson 6 Jul 2020
      Replying to @baseballcrank

      It was a totally political decision of course—and “your legal merits aside” gives that away. (Since when do you put “legal merits” to the side?) None of the justices had any interest in a coin flip election based on the irrationality of the Electoral College. Legal realism.

      1 reply 0 retweets 1 like
    3. Dan McLaughlin‏Verified account @baseballcrank 6 Jul 2020
      Replying to @yeselson

      Well, a Kagan opinion joined by the other 3 liberals will have some of that, but (1) see my later Tweets and (2) we can always evaluate the Court's legal & policy outcomes as distinct questions.

      1 reply 0 retweets 4 likes
    4. Richard Yeselson‏ @yeselson 6 Jul 2020
      Replying to @baseballcrank

      Right, that’s it. She expertly and deeply went thru the history. We can evaluate them as separate questions, but we can also choose when we are “flexible” about the law vs real life outcomes. You very much favored your view of the law in the DACA case, eg.

      1 reply 0 retweets 0 likes
    5. Richard Yeselson‏ @yeselson 6 Jul 2020
      Replying to @yeselson @baseballcrank

      The justices realized that the risk of chaos was way too high, that possible outcome favored neither party per se, and thus there was no way in hell they would ever have found for the plaintiffs in this case.

      1 reply 0 retweets 1 like
    6. Richard Yeselson‏ @yeselson 6 Jul 2020
      Replying to @yeselson @baseballcrank

      I predicted to a reporter after oral arguments it would be 9-0. It’s just a useful reminder that, at this level, most cases have only more or less plausible legal outcomes—the smart advocates are the most plausible— and the politicized cases are just that.

      1 reply 0 retweets 0 likes
      Dan McLaughlin‏Verified account @baseballcrank 6 Jul 2020
      Replying to @yeselson

      Actually, lots of the non-politically polarizing cases end up 9-0, 8-1 or such.

      8:10 AM - 6 Jul 2020
      • 3 Likes
      • TehHammer Michael Lee
      1 reply 0 retweets 3 likes
        1. New conversation
        2. Richard Yeselson‏ @yeselson 6 Jul 2020
          Replying to @baseballcrank

          The point is not that it was politically polarizing or not—the issue is whether it’s *political* or not. It was very much *political* but in way that neither side thought a result fr the plaintiffs would advantage them. The cellphone case was non political—which is where you see

          2 replies 0 retweets 0 likes
        3. Richard Yeselson‏ @yeselson 6 Jul 2020
          Replying to @yeselson @baseballcrank

          them actually most seem like judges—reading facts in context, properly applying case law, thinking in terms logically, not tendentiously. That’s when the justices have interesting coalitions/concurrences.

          0 replies 0 retweets 0 likes
        4. End of conversation

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