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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. Dan McLaughlin‏Verified account @baseballcrank 21 Sep 2020

      Dan McLaughlin Retweeted Robert Barnes

      Some additional color @ProfBrianKalt didn't cover: Lincoln & Eisenhower both had openings in October, but the Senate was out of session. Ike, with a D Senate, used a recess appointment. Lincoln made his appointment in the lame duck session in Dec as soon as the Senate arrived.https://twitter.com/scotusreporter/status/1307427141638914048 …

      Dan McLaughlin added,

      Robert BarnesVerified account @scotusreporter
      Professor brings the history about filling #scotus vacancies near elections https://twitter.com/ProfBrianKalt/status/1307366636123492425 …
      2 replies 11 retweets 33 likes
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    2. Dan McLaughlin‏Verified account @baseballcrank 21 Sep 2020

      Also the last election-year nominee confirmed (Frank Murphy, by FDR in 1940) would have been nominated in November 1939 had the Senate been in session. Still, the reason the Senate confirmed Murphy was because it was run by the Democrats.

      1 reply 0 retweets 5 likes
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    3. Brian Kalt‏ @ProfBrianKalt 21 Sep 2020
      Replying to @baseballcrank

      Not sure I follow that last part. What makes you say a Republican Senate wouldn't have confirmed him? Just the fact that it was 10 months before the election? I don't see it. Murphy's nomination was uncontroversial. As was Peckham's... 1/2

      2 replies 0 retweets 0 likes
    4. Dan McLaughlin‏Verified account @baseballcrank 21 Sep 2020
      Replying to @ProfBrianKalt

      Well, historically there have been 10 of those vacancies with party divides between WH & SEN, and only 1 out of 10 got confirmed by the Senate before the election, & the lame duck confirms all favored the party that'd won the election.

      2 replies 0 retweets 0 likes
    5. Brian Kalt‏ @ProfBrianKalt 21 Sep 2020
      Replying to @baseballcrank

      What do you mean by "those vacancies"? On the second part: not true at all. Three presidents filled lame-duck vacancies despite having just lost the election (the Marshall, Daniel, and Jackson nominations).

      2 replies 0 retweets 1 like
    6. Dan McLaughlin‏Verified account @baseballcrank 21 Sep 2020
      Replying to @ProfBrianKalt

      Yes. And all had the president's party controlling the Senate. Party control of the Senate is the dividing line in the history.

      1 reply 0 retweets 0 likes
    7. Brian Kalt‏ @ProfBrianKalt 21 Sep 2020
      Replying to @baseballcrank

      So why did you say that "all favored the party that had won the election"? I'm confused.

      1 reply 0 retweets 0 likes
      Dan McLaughlin‏Verified account @baseballcrank 21 Sep 2020
      Replying to @ProfBrianKalt

      The lame duck confirmations *when the parties were divided* favored the winner: Nelson in 1845, Woods in 1880. Also Brennan in the new Senate in 1957.pic.twitter.com/u4oTkTZ27Q

      12:01 PM - 21 Sep 2020
      2 replies 0 retweets 0 likes
        1. Brian Kalt‏ @ProfBrianKalt 21 Sep 2020
          Replying to @baseballcrank

          You are mixing me up between lame duck vacancies and lame duck confirmations. Brennan was confirmed after inauguration. And Tyler doesn't really count as a Whig or a Democrat. So really it's just Woods.

          0 replies 0 retweets 0 likes
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        2. Alexander Wagn‏ @kbb_wagne 21 Sep 2020
          Replying to @baseballcrank @ProfBrianKalt

          none of these vacancies can be compared to anything that has happened last 30years. judicial nominations werent as politically motivated as they are now (GOP essentially puts forward only Fed Society judges). Brennan probably was the most progressive judge in the last 80 years.

          1 reply 0 retweets 0 likes
        3. Brian Kalt‏ @ProfBrianKalt 21 Sep 2020
          Replying to @kbb_wagne @baseballcrank

          I think it's hard to use them as precedent for other reasons: because the confirmation process takes much longer now, and the Senate used to be in recess a whole lot more. Some of these old Whig versus Democrat fights over justices were highly partisan. E.g., Justice Daniel.

          1 reply 0 retweets 1 like
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