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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 29 Oct 2020

      Dan McLaughlin Retweeted Josh Marshall

      I'm sorry that Josh, two decades in, still cannot grasp that not everyone is the bad-faith actor he has always been. All I want is to not change the written rules in the middle of elections. Every single time a court enforces those rules, we get the same BS.https://twitter.com/joshtpm/status/1322024063246675968 …

      Dan McLaughlin added,

      Josh MarshallVerified account @joshtpm
      Replying to @yeselson @baseballcrank
      I feel a certain sympathy for elite lib legal academics who thought they were involved in some contest of ideas w conservative counterparts. Seems like a scales falling moment. There’s a cat 5 hurricane of bad faith from the right legal academy - not to mention hacks like crank.
      14 replies 51 retweets 203 likes
      Show this thread
    2. Dan McLaughlin‏Verified account @baseballcrank 29 Oct 2020

      It's actually kind of sad to watch people who immediately assume you must be a bad faith actor or some sort of bigot if you happen to mention laws in an argument about law, or the Constitution in arguments about constitutionality. It speaks volumes.

      7 replies 8 retweets 112 likes
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    3. Dan McLaughlin‏Verified account @baseballcrank 29 Oct 2020

      As I noted in the Pennsylvania case, the Court is doing a grave disservice by not settling the rules in advance of the election.https://www.nationalreview.com/corner/the-supreme-court-lets-pennsylvanias-elected-democrat-judges-rewrite-the-law/ …

      3 replies 9 retweets 59 likes
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    4. Dan McLaughlin‏Verified account @baseballcrank 29 Oct 2020

      The North Carolina & Minnesota cases are more complicated by the use of a consent decree, but again, in both cases, there was a written rule passed by the legislature, & Democrats have essentially circumvented it.

      4 replies 4 retweets 42 likes
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    5. Dan McLaughlin‏Verified account @baseballcrank 29 Oct 2020

      What is prudent in the Minnesota order is that the Court limited the relief, for now, to ordering that the ballots be segregated to preserve the record. Court seems to recognize the problem: the MN SoS has violated the Constitution, but it's very late in the game to fix that.

      2 replies 0 retweets 27 likes
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    6. Dan McLaughlin‏Verified account @baseballcrank 29 Oct 2020

      8th Cir opinion here. There's a real problem when courts are asked this late in the day to fix this kind of flagrant disregard of the law. https://ecf.ca8.uscourts.gov/opndir/20/10/203139P.pdf …

      2 replies 2 retweets 24 likes
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    7. Akiva Cohen‏ @AkivaMCohen 29 Oct 2020
      Replying to @baseballcrank

      The real problem here is that the District Court and 8th Circuit accepted jurisdiction - this is a pure state law question! ("Was the consent decree a Court order triggering the SOS's authority to adjust election procedures?") What's it doing in Federal Court?

      1 reply 1 retweet 2 likes
      Dan McLaughlin‏Verified account @baseballcrank 29 Oct 2020
      Replying to @AkivaMCohen

      Because of Article II, Section 1 of the U.S. Constitution.

      9:34 PM - 29 Oct 2020
      • 1 Like
      • TJ Burke, DO
      2 replies 0 retweets 1 like
        1. New conversation
        2. Akiva Cohen‏ @AkivaMCohen 29 Oct 2020
          Replying to @baseballcrank

          No. Article II, Section 1 says "this has to be authorized by the legislature" But the legislature passed a statute allowing the SOS to adjust election procedures where a court order barred application of the statutory procedures

          1 reply 0 retweets 1 like
        3. Akiva Cohen‏ @AkivaMCohen 29 Oct 2020
          Replying to @AkivaMCohen @baseballcrank

          The 8th Circuit said "well, that doesn't count because this was a consent decree" But the "do consent decrees count" question is a pure question of state law!

          1 reply 0 retweets 1 like
        4. Show replies
        1. JD, Lawyer of Convenient Expertise‏ @jdsanctioned 29 Oct 2020
          Replying to @baseballcrank @AkivaMCohen

          Even if that theoretically satisfied subject matter jurisdiction, there's a big standing issue (no cognizable injury) and a big abstention issue, both of which should have also kicked the case out.

          0 replies 0 retweets 3 likes
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