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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 Sep 1

      Dan McLaughlin Retweeted Elie Mystal

      Normalizing abolition by starting one state at a time is, in fact, how great advances in human rights are accomplished.https://twitter.com/ElieNYC/status/1432937204410691584 …

      Dan McLaughlin added,

      Elie MystalVerified account @ElieNYC
      [shot... a number] The cold reality is that, pretty soon, most people will remember they don't need an abortion. Or will remember they live in a state that still allows them. They'll blame the women for getting pregnant or staying in Texas. And this will be entirely normalized.
      Show this thread
      8 replies 12 retweets 79 likes
    2. Richard Yeselson‏ @yeselson Sep 1
      Replying to @baseballcrank

      You’re a big “textualist” guy and also a court proceduralist. This is (yes, at present) a facially unconstitutional law, in which the 5th Circuit prevented a district court trial record. SCOTUS then chose to simply ignore it, despite its haste to settle other matters.

      2 replies 1 retweet 14 likes
    3. Richard Yeselson‏ @yeselson Sep 1
      Replying to @yeselson @baseballcrank

      Basically, there is no possible procedural or textualist justification for what happened. You can say, “I want the Court to overturn Roe”, but the actions of the 5th Circuit and the Court can’t be justified.

      1 reply 0 retweets 1 like
    4. Dan McLaughlin‏Verified account @baseballcrank Sep 1
      Replying to @yeselson

      Textualism assumes the existence of text. There's no text restricting a the popular majority in Texas from what it did. Ct already has a case on the merits docket, why rule preemptively instead from shadow docket? This isn't like PA election case where doing nothing is the end.

      2 replies 0 retweets 1 like
    5. Richard Yeselson‏ @yeselson Sep 1
      Replying to @baseballcrank

      In this case, Roe is the text and, for now, it's a binding SCOTUS holding. And the reason to rule is because a state (as it happened the second largest one) passed a law which is, yes, for now, is obviously illegal. Otherwise any state can pass facially unconstitutional laws.

      1 reply 0 retweets 2 likes
    6. Dan McLaughlin‏Verified account @baseballcrank Sep 1
      Replying to @yeselson

      You really don't understand the theory of democratic legitimacy at the heart of originalism & textualism if you think a court decision stands on the same ground as an enactment by a popular majority or supermajority.

      2 replies 0 retweets 1 like
    7. Richard Yeselson‏ @yeselson Sep 1
      Replying to @baseballcrank

      That's pretty funny coming from you. You thought Shelby--with explicit support from the 15th amendment--was just fine to eviscerate even though it passed by enormous margins in Congress.

      2 replies 0 retweets 1 like
      Dan McLaughlin‏Verified account @baseballcrank Sep 1
      Replying to @yeselson

      When have I argued that? At a minimum, Shelby County failed to thoroughly analyze the question of judicial reviewability in originalist terms. It's far from a unanimously popular decision among originalist scholars.

      7:31 AM - 1 Sep 2021
      • 1 Like
      • TehHammer
      1 reply 0 retweets 1 like
        1. New conversation
        2. Richard Yeselson‏ @yeselson Sep 1
          Replying to @baseballcrank

          So you believe it was wrongly decided?

          2 replies 0 retweets 0 likes
        3. Dan McLaughlin‏Verified account @baseballcrank Sep 1
          Replying to @yeselson

          If the formula is at all judicially reviewable, the Court was right. Availability of review is somewhat dubious.

          1 reply 0 retweets 1 like
        4. End of conversation

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