I've asked the @tedcruz campaign whether they think the dildo ban is constitutional — as opposed to whether it's wise policy.
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Replying to @chrisgeidner
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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Replying to @chrisgeidner
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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Replying to @chrisgeidner
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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Replying to @chrisgeidner
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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Replying to @chrisgeidner
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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Replying to @chrisgeidner
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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Replying to @chrisgeidner
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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Replying to @chrisgeidner
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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Replying to @chrisgeidner
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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Replying to @chrisgeidner
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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Replying to @chrisgeidner
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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