Precedents are generally bad and we should all do what we can to avoid setting them.https://twitter.com/nytimes/status/1006270111328755712 …
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Well, that's a very uncharitable interpretation and, as the author of my sentiment, I suggest you have misread me.
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How is your last tweet a "boilerplate conservative position"? How is my read different than what you just said?
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I don't honestly think you believe I was saying "I don't like stability or creating expectations about the rule of law." That's a caricatured portrait of me that doesn't resemble anything I've ever written or advocated, and I don't think you honestly believe that.
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I am genuinely confounded by your tweet. That’s the only way I read it, because that’s what precedent is and what it does. Further, I don’t see how what you claim as a “boilerplate conservative position” is such a thing. There is no bad faith here. I just don’t get it.
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Leaving aside that your suggestion that I resent rule of law is, indeed, bad faith, I will again say that conservatives believe precedent begets precedent and, unable to predict how your adversaries will build on your work, you should avoid setting anything sweeping.
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OK. I don’t get it. Perhaps we are using precedent in two very different ways.
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Likely. We don’t encounter this kind of miscommunication that often. I’m sure I was applying a political context to a legal scenario in which it didn’t really apply.
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I know! I’m very confused!
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