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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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    Dan McLaughlin‏Verified account @baseballcrank Jun 23

    The fallacy in this @AaronBlake piece, which I have seen elsewhere: the standing arguments in this case were already well-known when Barrett was nominated. They were one of the things I cited then as reasons the case was unlikely to toss the statute.https://www.washingtonpost.com/politics/2021/06/17/judicial-torpedo-that-wasnt-what-amy-coney-barretts-obamacare-vote-tells-us/ …

    4:38 PM - 23 Jun 2021
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    4 replies 2 retweets 9 likes
      1. Tom Maguire‏ @Tom_Maguire Jun 23
        Replying to @baseballcrank @AaronBlake

        And not just you! Reuters noted the 'standing' argument. https://www.reuters.com/article/us-usa-court-obamacare/barrett-high-court-vote-against-obamacare-not-as-certain-as-democrats-claim-idUSKBN26K1OI … The New Yorker also noted standing but pegged Kavanaugh. https://www.newyorker.com/news/q-and-a/how-amy-coney-barrett-could-affect-the-future-of-the-affordable-care-act …pic.twitter.com/kpA3IkwXDL

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      2. Jonathan H. Adler‏Verified account @jadler1969 Jun 23
        Replying to @baseballcrank @AaronBlake

        Some of us even argued that was the proper way to resolve the case all along.

        1 reply 0 retweets 4 likes
      3. Harris Meyer‏ @Meyer_HM Jun 23
        Replying to @jadler1969 @baseballcrank @AaronBlake

        Yes, and some argued that was a good reason never to bring the case at all, and for the 5th Circuit not to affirm O'Connor's ruling. But alas, it reached Scotus and got Alito's and Gorsuch's votes.

        1 reply 0 retweets 0 likes
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      2. Harris Meyer‏ @Meyer_HM Jun 23
        Replying to @baseballcrank @AaronBlake

        In her own writings, Barrett had criticized the substance of Roberts’s Obamacare decision, writing in 2017 that Roberts had “pushed the Affordable Care Act beyond its plausible meaning to save the statute.”

        1 reply 0 retweets 0 likes
      3. Dan McLaughlin‏Verified account @baseballcrank Jun 23
        Replying to @Meyer_HM @AaronBlake

        True, and that would be relevant if the case presented the same issues as the 2012 case. But everybody knew it did not.

        1 reply 0 retweets 0 likes
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