Cruz campaign positively cited Justice Thomas' dissenting opinion defending constitutionality of sodomy bans today: http://bigstory.ap.org/article/28d236513f534d5385a3d51360e5cbf5/ted-cruz-defended-texas-ban-sale-sex-toys-state …
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The Cruz campaign's response suggests they're trying to hide from that distinction — and wanted their friends to know that.
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By citing to Thomas' dissent they're not distancing themselves from the brief, as AP claims; the brief wasn't arguing it's good policy.
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Q isn't if Cruz would ban dildos — fwiw, he said he wouldn't: https://www.buzzfeed.com/andrewkaczynski/ted-cruz-says-he-wont-ban-dildos-if-he-becomes-president#.qdK0eMlYLp … — it's whether he thinks a ban is unconstitutional.
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That, from a SCOTUS lawyer who wants to run a Justice Dep't & appoint judges, is the key question raised by the "obscene device ban" brief.
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Also, re: Cruz today: A federal ban on dildos is different than a state ban, obviously.* * = I really can't believe I wrote that sentence.
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And, I would note: I wrote nothing about this based on the brief itself because I am uncomfortable imputing his SG briefs to him personally.
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Insofar as work Cruz did as SG is echoed by his stated positions as a lawmaker or would-be executive, though, they are relevant.
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Specifically, I think it is worth asking whether he personally believes certain args advanced as SG when they match w his positions now.
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But, today, the reason I decided to pipe up — and raise questions to the campaign — is that their answers seem disingenuous.
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Cruz states a policy preference against dildo bans, as his campaign highlights Thomas saying a policy pref =/= a constitutional decision.
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Seems, at that point, clearly worth asking whether he personally agrees w his brief, which wasn't about policy/was about constitutionality.
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I know this seems like a side issue of a side issue of a side issue. But it is rly about Cruz' view of substantive due process protections.
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So, is a lawyer allowed to undermine a past client's position in a matter he was counsel in?
@chrisgeidnerThanks. Twitter will use this to make your timeline better. UndoUndo
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@chrisgeidner@BrianPHickey@tedcruz Is it possible that Cruz only wants to ban dildos so he has an excuse for smuggling one in his ass? -
@justme277@chrisgeidner@tedcruz I'm not talking to you yet. -
@BrianPHickey@chrisgeidner@tedcruz Don't be sad. My boys will make Atleti pay for their transgressions. -
@justme277 Friend at the bar told me "they can't win everything." I wanted to smack him in the fucking face. -
@BrianPHickey That's the Philly way! Good to see you getting back to normal.
End of conversation
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@chrisgeidner@BuzzFeedNews@tedcruz :-) You cheeky Gezzer!Thanks. Twitter will use this to make your timeline better. UndoUndo
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