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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 Feb 23

      Dan McLaughlin Retweeted Mark Joseph Stern

      The Biden purge continues.https://twitter.com/mjs_DC/status/1364288824461950977 …

      Dan McLaughlin added,

      Mark Joseph SternVerified account @mjs_DC
      Rand Paul, Tom Cotton, Rick Scott, and Mike Braun argue that Biden has no power to fire the NLRB General Counsel, an executive official who wields substantial executive power and has no statutory protections against at-will removal. https://www.paul.senate.gov/sites/default/files/page-attachments/Paul%20Cotton%20Scott%20Braun%20letter%20to%20POTUS%20about%20NLRB%20GC%20Robb%5B13%5D%20copy.pdf … h/t @BrandonMagner
      Show this thread
      10 replies 16 retweets 81 likes
    2. Mark Joseph Stern‏Verified account @mjs_DC Feb 23
      Replying to @baseballcrank

      We agree, though, that the president has constitutional authority to terminate executive branch officials, like the NLRB General Counsel, who wield executive power and have no statutory protection against at-will removal, right?

      2 replies 0 retweets 14 likes
    3. Dan McLaughlin‏Verified account @baseballcrank Feb 23
      Replying to @mjs_DC

      That assumes the point in contention (whether the statute allows removal at will), but as a general rule, I favor broad presidential removal powers here. We both know, however, how this would be reported as a partisan power-grabbing purge if the two sides were reversed.

      5 replies 0 retweets 5 likes
    4. Mark Joseph Stern‏Verified account @mjs_DC Feb 23
      Replying to @baseballcrank

      I still think the contention that this statute secretly protects the general counsel against at-will removal (not in its actual text) is so weak as to be frivolous. That said, I concede the second point. There was ridiculous backlash when Trump fired the USAOs, for example.

      1 reply 0 retweets 2 likes
      Dan McLaughlin‏Verified account @baseballcrank Feb 23
      Replying to @mjs_DC

      There is a natural tension between a statute saying a job has a fixed term, and it being terminable at will (an ironic question for the NLRB). But the Court should read termination rights more broadly when statutes are ambiguous & the officers are executive appointees.

      11:44 AM - 23 Feb 2021
      1 reply 0 retweets 0 likes
        1. prashanth ganapathy‏ @prashGana Feb 23
          Replying to @baseballcrank @mjs_DC

          Baseball would have a good excuse here if trump did it

          0 replies 0 retweets 0 likes
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