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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. Will Wilkinson  🌐‏Verified account @willwilkinson 4 Oct 2020
      Replying to @baseballcrank

      Tell me honestly that you wouldn't completely freak out if there wasn't a single white Christian on the court.

      6 replies 5 retweets 33 likes
    2. Dan McLaughlin‏Verified account @baseballcrank 4 Oct 2020
      Replying to @willwilkinson

      That depends whether the Court was originalist or not. My ideal Court:pic.twitter.com/3fXaoW3Nqh

      5 replies 3 retweets 14 likes
    3. Will Wilkinson  🌐‏Verified account @willwilkinson 4 Oct 2020
      Replying to @baseballcrank

      Respect for having that jpg locked and loaded.

      1 reply 0 retweets 16 likes
    4. Richard Yeselson‏ @yeselson 4 Oct 2020
      Replying to @willwilkinson @baseballcrank

      It’s funny, but the insistence on the methodological mediation is always funny. Why not just say, “I just want my contemporary policy preferences upheld which oddly comports with this thing called originalism re an often ambiguous late Enlightenment document.”

      1 reply 3 retweets 50 likes
    5. Dan McLaughlin‏Verified account @baseballcrank 4 Oct 2020
      Replying to @yeselson @willwilkinson

      If I did not believe in the Constitution, I would be against having *any* of these issues ruled upon by judges - & I would never have gone to law school. Judges have only the legitimacy that written law gives them.

      3 replies 0 retweets 4 likes
    6. Richard Yeselson‏ @yeselson 4 Oct 2020
      Replying to @baseballcrank @willwilkinson

      All the justices claim to believe in the constitution. That’s why it’s silly to believe a particular method always leads to the political outcome you prefer. And that’s it’s the only legitimate reading.

      3 replies 0 retweets 37 likes
    7. Will Wilkinson  🌐‏Verified account @willwilkinson 4 Oct 2020
      Replying to @yeselson @baseballcrank

      Originalism functions as a rhetorical strategy to obscure and lend legitimacy to the imposition of ideology on the law.

      11 replies 36 retweets 231 likes
    8. Richard Yeselson‏ @yeselson 4 Oct 2020
      Replying to @willwilkinson @baseballcrank

      Of course. I suspect Dan has never read seriously any legal theory outside of originalism and certainly hasn’t read Posner on Scalia. Or Stanley Fish on textual indeterminacy. He thinks he’s found The Truth. But the law is about avoiding blindingly blatant falsehood.

      4 replies 5 retweets 40 likes
    9. Brian Beutler‏Verified account @brianbeutler 4 Oct 2020
      Replying to @yeselson @willwilkinson @baseballcrank

      I doubt there’s a sincere quest for truth here anymore than Kudlow thinks he’s found some higher truth in the work of Laffer. To the contrary, originalism as originalists have evolvingly defined it has always been an atrocious method for understanding the meaning of anything.

      4 replies 1 retweet 29 likes
    10. carly rae jepsen’s malort‏ @McCannistan 4 Oct 2020
      Replying to @brianbeutler @yeselson and

      see everything Posner’s ever written on originalism

      1 reply 0 retweets 4 likes
      Dan McLaughlin‏Verified account @baseballcrank 4 Oct 2020
      Replying to @McCannistan @brianbeutler and

      Everything Posner has ever written about Scalia must be read in the voice of Salieri talking about Mozart.

      6:41 PM - 4 Oct 2020
      • 2 Retweets
      • 25 Likes
      • Rain Surname The Joey Liverwurst Experience™ Amy Random Critical Analysis 🎲🤔🕵️ Bo Bledsoe ryan David Christian Donald W. Taylor II Jeremy Senderowicz
      4 replies 2 retweets 25 likes
        1. New conversation
        2. Will Wilkinson  🌐‏Verified account @willwilkinson 4 Oct 2020
          Replying to @baseballcrank @McCannistan and

          This is a AMAZING tweet, Dan. You've come through big time, my man.

          1 reply 0 retweets 9 likes
        3. Greg Wilson‏ @joke2power 4 Oct 2020
          Replying to @willwilkinson @baseballcrank and

          Richard SMASH

          2 replies 0 retweets 1 like
        4. Show replies
        1. New conversation
        2. Richard Yeselson‏ @yeselson 4 Oct 2020
          Replying to @baseballcrank @McCannistan and

          Well, I guess that rebuts all of those arguments—and ascribing envy isn’t Bulverism huh? Btw, speaking of Scalia, do you think Smith v. Employment Division was correctly or wrongly decided?

          1 reply 0 retweets 3 likes
        3. Richard Yeselson‏ @yeselson 4 Oct 2020
          Replying to @yeselson @baseballcrank and

          What, did the Great Man strike out just this once? But the method is never wrong, right? (You know who else thought that? George Lukacs! Funny how a Marxist theorist and Randy Barnett ended up in the same place.) Thats the thing—you can‘t concede legal realism, so you’re stuck.

          0 replies 0 retweets 1 like
        4. End of conversation
        1. Robert Arnold‏ @Fergus302 4 Oct 2020
          Replying to @baseballcrank @McCannistan and

          Brilliant refutation

          0 replies 0 retweets 0 likes
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        2. John Holbo‏ @jholbo1 5 Oct 2020
          Replying to @baseballcrank @McCannistan and

          There are a lot of reasons this is an odd argument. One of them is the implication that to do as Scalia did took genius. If originalism is as easy as it’s billed as being, it shouldn’t take a Mozart to make it look easy. There’s also the fact that Posner wiped the floor with him.

          1 reply 0 retweets 8 likes
        3. Richard Yeselson‏ @yeselson 5 Oct 2020
          Replying to @jholbo1 @baseballcrank and

          This is a very generous appraisal by @imillhiser of Scalia’s career written in the wake of his death. As Ian points out, when Scalia’s originalism led him to avoid the counter-majoritarian temptation it was valuable and had integrity. But he frequently ignored the method and

          1 reply 0 retweets 1 like
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