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rickhasen's profile
Rick Hasen
Rick Hasen
Rick Hasen
Verified account
@rickhasen

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Rick HasenVerified account

@rickhasen

Professor of Law and Political Science at UC Irvine; Election Law Blogger. Author #JusticeofContradictions coming March 2018 http://amzn.to/2CoWbzx 

Studio City, California
electionlawblog.org
Joined June 2009

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    1. Rick Hasen‏Verified account @rickhasen Jul 26

      Rick Hasen Retweeted Lawrence Solum

      I don't think this result is "conservative" under any possible definition I think you mean a pro-Trump interpretation. But I don't believe originalists on Court like Scalia usually voted in short term interest of Republican Party (but cf. Bush v Gore). They voted ideology.https://twitter.com/lsolum/status/1022602155289731072 …

      Rick Hasen added,

      Lawrence Solum @lsolum
      Replying to @rickhasen
      1/2 I’ve discussed the “conservative” question before in the thread. Briefly, the word has multiple meanings. This outcome is not partisan for the right & of course progressives brought the suit.
      3 replies 0 retweets 3 likes
      Show this thread
    2. Rick Hasen‏Verified account @rickhasen Jul 26

      Put another way, the emoluments definition doesn't support a conservative ideology or long term interests of the Republican party.

      2 replies 0 retweets 1 like
      Show this thread
    3. Lawrence Solum‏ @lsolum Jul 26
      Replying to @rickhasen

      Again, you seem to be confused or making a slip of the tongue. My point was that the definition adopted by the court is not conservative. You seem to be agreeing.

      1 reply 0 retweets 0 likes
      Rick Hasen‏Verified account @rickhasen Jul 26
      Replying to @lsolum

      I'm saying it is not a liberal or conservative issue. And that it does not prove that originalism can lead to "not conservative" results on the issues that actually matter to most people regarding what SCOTUS does.

      3:21 PM - 26 Jul 2018
      • 1 Like
      • Lawrence Solum
      2 replies 0 retweets 1 like
        1. New conversation
        2. Lawrence Solum‏ @lsolum Jul 26
          Replying to @rickhasen

          I agree. I did not claim that the emoluments decision proves that originalism will produce progressive outcomes in other cases. That claim would have been wildly implausible.

          1 reply 0 retweets 2 likes
        3. Rick Hasen‏Verified account @rickhasen Jul 26
          Replying to @lsolum

          So then I don't see the point of your example. You are proving that originalism may lead to "not conservative" results in cases people generally don't care about. (I think that explains what Scalia did in criminal procedure cases, by the way.)

          2 replies 0 retweets 1 like
        4. Lawrence Solum‏ @lsolum Jul 26
          Replying to @rickhasen

          If you think that people don’t care about the emoluments litigation, l think you are demonstrably wrong.

          1 reply 0 retweets 0 likes
        5. Rick Hasen‏Verified account @rickhasen Jul 26
          Replying to @lsolum

          They care but it is a one-off I doubt Ted Cruz or Marco Rubio or Kamala Harris or Cory Booker will have emoluments issues, and that partisan stances on the questions will survive past Trump. It is not an enduring split like guns or abortion.

          1 reply 0 retweets 1 like
        6. Lawrence Solum‏ @lsolum Jul 26
          Replying to @rickhasen

          Agreed, it is highly partisan and political, but not an enduring issue. I never claimed it was.

          1 reply 0 retweets 0 likes
        7. Rick Hasen‏Verified account @rickhasen Jul 26
          Replying to @lsolum

          then I fail to see the point in your thread on the case of flagging it as a "not conservative" result.

          1 reply 0 retweets 0 likes
        8. Lawrence Solum‏ @lsolum Jul 26
          Replying to @rickhasen

          I just discussed this point. It is immensely important that originalism (the normative theory) leads to mixed results. Some conservative, some liberal, some libertarian, some progressive, some neutral.

          0 replies 0 retweets 2 likes
        9. End of conversation

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