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baseballcrank's profile
Dan McLaughlin
Dan McLaughlin
Dan McLaughlin
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@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. Richard Yeselson‏ @yeselson Aug 24
      Replying to @mjs_DC

      Richard Yeselson Retweeted Jonathan H. Adler

      Mark, here’s the line from the conservative court watchers—Adler is representative. What do you make of it?https://twitter.com/jadler1969/status/1430316692031393795 …

      Richard Yeselson added,

      Jonathan H. AdlerVerified account @jadler1969
      This appears to be an inevitable consequence of the DACA decision. Once nebulous reliance interests short of legal entitlements are sufficient to prevent the rescission of even a potentially unlawful policy, this is the result. https://twitter.com/KimberlyRobinsn/status/1430315686052700160 …
      Show this thread
      3 replies 0 retweets 6 likes
    2. Jonathan H. Adler‏Verified account @jadler1969 Aug 24
      Replying to @yeselson @mjs_DC

      I doubt I'm that representative, in that my immigration policy preferences are likely closer to Biden's than to those Miller devised for Trump.

      3 replies 0 retweets 10 likes
    3. Dan McLaughlin‏Verified account @baseballcrank Aug 24
      Replying to @jadler1969 @yeselson @mjs_DC

      I think you're representative in one respect: seeing this as the inevitable jurisprudential outcome of Roberts' opinion commanding Trump to continue DACA without regard to its legality. Which it is.

      1 reply 2 retweets 26 likes
    4. Richard Yeselson‏ @yeselson Aug 24
      Replying to @baseballcrank @jadler1969 @mjs_DC

      Yes, that’s the sense in which I meant it. Meaning—not the directly policy political sense. But while I have the two of , what did you make of the district judge’s ruling and textual reading of the law?

      1 reply 0 retweets 2 likes
    5. Jonathan H. Adler‏Verified account @jadler1969 Aug 24
      Replying to @yeselson @baseballcrank @mjs_DC

      I think the DACA decision (and extant CA5 precedent from DAPA litigation) made it easy for district court to reach its conclusion (but I don't like those prededents, nor do I like nationwide injunctions).

      2 replies 2 retweets 16 likes
    6. Richard Yeselson‏ @yeselson Aug 24
      Replying to @jadler1969 @baseballcrank @mjs_DC

      I’m thinking about the reading of the statute.

      2 replies 0 retweets 1 like
    7. Dan McLaughlin‏Verified account @baseballcrank Aug 25
      Replying to @yeselson @jadler1969 @mjs_DC

      It wasn't necessary for the Court's decision. I think it is open to question whether it is really judicially enforceable.

      2 replies 0 retweets 1 like
    8. Richard Yeselson‏ @yeselson Aug 25
      Replying to @baseballcrank @jadler1969 @mjs_DC

      This is not original to me, but I gotta ask you guys—do you see a difference between a fully briefed decision like DACA, where the Court even provided essentially advice to the Trump admin vs a shadow docket half page with no guidance/reasoning at all? How are they comparable?

      1 reply 0 retweets 0 likes
    9. Jonathan H. Adler‏Verified account @jadler1969 Aug 25
      Replying to @yeselson @baseballcrank @mjs_DC

      If may effect how much confidence we have in the Court's judgment, but it doesn't affect the legal merits. Also, these days, the shadow docket inquiry focuses almost exclusively on the govt's likelihood of success, which is a merits inquiry (as Court noted here).

      1 reply 0 retweets 0 likes
    10. Jonathan H. Adler‏Verified account @jadler1969 Aug 25
      Replying to @jadler1969 @yeselson and

      Put another way, we may all prefer fully argued cases and published opinions, but whether the government gave sufficient reasons for its action is a separate question.

      1 reply 0 retweets 0 likes
      Dan McLaughlin‏Verified account @baseballcrank Aug 25
      Replying to @jadler1969 @yeselson @mjs_DC

      In my view, the Court need not explain itself when it declines to act, but if it actually enters an order, it should give us a per curiam opinion, even if it's just a few paragraphs.

      7:04 PM - 25 Aug 2021
      • 9 Likes
      • Gabe Katz John from FL SpareUser Cornbred Steven Jens Michael McGough Marla  NeverTrump AlwaysConservative Hughes
      3 replies 0 retweets 9 likes
        1. New conversation
        2. Jonathan H. Adler‏Verified account @jadler1969 Aug 25
          Replying to @baseballcrank @yeselson @mjs_DC

          That would be a good norm

          1 reply 0 retweets 2 likes
        3. Richard Yeselson‏ @yeselson Aug 26
          Replying to @jadler1969 @baseballcrank @mjs_DC

          Yes, that’s the least the Court could do with the shadow docket. But look: how is the Biden admin supposed to comply with this ruling—renegotiate with Mexico on the fly— without any guidance as to what would, in fact, be acceptable to the Court?

          1 reply 0 retweets 0 likes
        4. Show replies

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