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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. Jay Willis‏Verified account @jaywillis Mar 27
      Replying to @CBHessick @jadler1969 @baseballcrank

      “Misreading” is really generous because it implies a good-faith mistake lol

      2 replies 0 retweets 29 likes
    2. Jay Willis‏Verified account @jaywillis Mar 27
      Replying to @jaywillis @CBHessick and

      Like this isn’t even a “statutory interpretation” disagreement. This is just...reading.

      1 reply 0 retweets 10 likes
    3. Carissa Byrne Hessick‏ @CBHessick Mar 27
      Replying to @jaywillis @jadler1969 @baseballcrank

      A lot of statutory interpretation is just reading. And I think people misread statutes all the time (I know that I do). For what it is worth, @baseballcrank seems to have changed his argument--though not for the better, I'd say, since he seems to be embracing overcriminalization

      1 reply 0 retweets 5 likes
    4. Jay Willis‏Verified account @jaywillis Mar 27
      Replying to @CBHessick @jadler1969 @baseballcrank

      I guess my answer is changing one’s argument from one based on an obviously, factually wrong premise is not worth very much to me, but of course ymmv

      1 reply 0 retweets 2 likes
    5. Carissa Byrne Hessick‏ @CBHessick Mar 27
      Replying to @jaywillis @jadler1969 @baseballcrank

      It may not be worth much except that it might indicate that the initial argument was, in fact, based on an error. That's why one would change the argument once the error is pointed out, rather than doubling down. Plenty of people do the latter!

      1 reply 0 retweets 1 like
    6. Dan McLaughlin‏Verified account @baseballcrank Mar 27
      Replying to @CBHessick @jaywillis @jadler1969

      In what way have I changed? I've elaborated in response to questions. Unless you are just not interested in answers.

      3 replies 0 retweets 0 likes
    7. Carissa Byrne Hessick‏ @CBHessick Mar 27
      Replying to @baseballcrank @jaywillis @jadler1969

      I'm sorry--are you still saying that people wearing cause-branded attire and giving out gifts to people in line wouldn't have fallen within the old statute? Because that doesn't seem correct, and instead you seem to be suggesting some juries just might not convict.

      1 reply 0 retweets 4 likes
    8. Carissa Byrne Hessick‏ @CBHessick Mar 27
      Replying to @CBHessick @baseballcrank and

      And you also now seem to be conceding that the GA law sweeps far more broadly than what you described in your article. My mistake if you are persisting in those arguments; I thought you had conceded that the article at a minimum was misleading.

      1 reply 0 retweets 4 likes
    9. Dan McLaughlin‏Verified account @baseballcrank Mar 27
      Replying to @CBHessick @jaywillis @jadler1969

      No, I stand by the piece (as corrected re the Mansky point). The law serves a legit purpose in common with many states' laws. You can quibble with its precise approach but the key issue is what it prohibits & Biden's claim that such laws could never serve a legit purpose.

      3 replies 0 retweets 1 like
    10. Carissa Byrne Hessick‏ @CBHessick Mar 27
      Replying to @baseballcrank @jaywillis @jadler1969

      So you don't think that these passages in your article mislead the reader into thinking that the new law *only* prohibits politically-motivated giving of food and drinks? Or mislead them into thinking that GA law didn't *already* prevent electioneering at the polls?pic.twitter.com/kNzTYgFLRg

      1 reply 0 retweets 7 likes
      Dan McLaughlin‏Verified account @baseballcrank Mar 27
      Replying to @CBHessick @jaywillis @jadler1969

      No, especially since they immediately follow THE ACTUAL TEXT OF THE LAW & are laid next to the text of other statutes & caselaw on this very point about how anti-electioneering statutes work. I write for people who read entire articles.

      11:12 AM - 27 Mar 2021
      3 replies 0 retweets 0 likes
        1. New conversation
        2. Carissa Byrne Hessick‏ @CBHessick Mar 27
          Replying to @baseballcrank @jaywillis @jadler1969

          I read the entire article Dan. And since I have to teach law students how to read statutes, I feel pretty confident that providing the text of a bill to the general public doesn't necessarily allow them to understand it--especially when followed by descriptions that differ.

          1 reply 0 retweets 11 likes
        3. Carissa Byrne Hessick‏ @CBHessick Mar 27
          Replying to @CBHessick @baseballcrank and

          It looks like @jadler1969 may have signed off or stopped engaging, but I'd be curious whether *he* thought your article would mislead the average NRO reader. And fwiw, I've spent the past couple weeks having to explain the text of the bill to reporters and nonlawyers on Twitter.

          2 replies 0 retweets 4 likes
        4. Show replies
        1. New conversation
        2. trizzlor‏ @trizzlor Mar 27
          Replying to @baseballcrank @CBHessick and

          The article is objectively misleading the reader into thinking that the law is textually against electioneering. Even though you now admit the text forbids *all* handouts and have shifted to a slippery argument about aims/intent.

          1 reply 0 retweets 1 like
        3. trizzlor‏ @trizzlor Mar 27
          Replying to @trizzlor @baseballcrank and

          A good faith rewrite of the piece would acknowledge that Biden is correct, but argue that it is worth the loss of rights to maximally prevent the potential harm of stealth campaigning. But that wouldn't let you get the dunk.

          1 reply 0 retweets 4 likes
        4. Show replies

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