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Dan McLaughlin Profile picture
Dan McLaughlin
@baseballcrank
Senior Writer @NRO. Reaganite, Catholic, Mets fan, New Yorker, retired from lawyering. Opinions 100% my own. Not the ex-Cardinals broadcaster.
7 subscribers
Jun 13 • 16 tweets • 4 min read
The Obama/Tucker/Vance/Tulsi crowd speaks. More from that faction
Mar 5 • 19 tweets • 4 min read
Democrats may say that gender is a social construct, but I don't see male Congressional Democrats wearing hot pink. Now testing who's had enough shots to feel comfortable shaking hands with RFK.
Dec 4, 2024 • 13 tweets • 2 min read
Both Thomas & Alito have already told the Solicitor General that they believe she's misleading the Court. Never heard Thomas do that. Roberts told her SCOTUS is not "best situated" to decide evolving medical treatment questions. Alito arguing that Bostock involved "particular language in a particular statute," whereas this case is under the Equal Protection Clause. Clearly an argument aimed at Gorsuch.
Oct 2, 2024 • 4 tweets • 1 min read
"Why should a candidate for office think people tuned in to a debate to hear him rather than the moderators?"

There's a sense of entitlement here, but it's not Vance's. Nobody remembers the moderators from the Lincoln-Douglas debates. Because they didn't have any.
Aug 21, 2024 • 10 tweets • 3 min read
1. How ignorant & wrong is @stuartpstevens? Let us count the ways. To begin with, it's the law that defines crimes. It doesn't matter what the jury thinks of the facts if the judge & prosecutor are wrong about the law. 2. If he read the indictment, "statement of facts," bill of particulars, decisions by Acting Justice Merchan, & jury instructions, as I have (guess what: those are all in the public record), @stuartpstevens would know that the legal theory was bonkers as well as undisclosed in the indictment nationalreview.com/2024/02/its-no…
Jul 26, 2024 • 5 tweets • 1 min read
Not having kids is like not serving in the military, not having been poor, not being a woman, not being religious, not having run a business, not being a doctor, lawyer, cop...you're always entitled to be heard. But you should consider that your analysis misses something others know from experience. It's un-American to say anybody doesn't get to have an opinion on any issue because of their identity or experience. But a little humility is always in order on things other people have lived through & you haven't.
May 27, 2024 • 8 tweets • 3 min read
The question isn't who's mad, George, it's who's wrong. You're wrong. The notion that the Appeal to Heaven flag is a symbol of insurrection against Washington (as opposed to a symbol of insurrection against George III) is a post hoc partisan-hack invention. To compare it to the swastika is shameful minimization of Nazism. See below: Just consider some of the places this flag flew without controversy before May 22, 2024, when people like @gtconway3d became obligated to pretend, retroactively, that it had for years been EXACTLY THE SAME AS THE HOLOCAUST:
Apr 25, 2024 • 83 tweets • 11 min read
Thomas: So, this presidential immunity...where does it come from in the Constitution? There he goes again asking about that pesky Constitution. Thomas asks how you tell what acts are covered; Roberts follows up asking directly about bribery for an official act. Sauer tries to separate the bribe from the official act.
Apr 24, 2024 • 35 tweets • 4 min read
Kagan & KBJ really trying to keep Idaho's lawyer from answering any of their questions. Roberts finally asks Idaho's lawyer "could I hear your answer?" as Kagan tries to talk over him again.
Dec 1, 2023 • 39 tweets • 4 min read
We're on. Image DeSantis leads with California running out of U-hauls for people fleeing the state, and goes hard after Newsom personally.
Nov 11, 2023 • 14 tweets • 2 min read
Debate at #fedsoc2023 on laws regulating social media platforms. Richard Epstein making the case that "market dominance" of platforms in public speech legitimizes regulation. Epstein gets a laugh by noting the tendency of platforms like this one to decide that, say, his opinions are more dangerous than pornography. #fedsoc2023
Sep 7, 2023 • 5 tweets • 1 min read
1. LOL, this is some spin. Disney chose to file these then-much-hyped claims in federal court. Some of us have long warned that they were fatally undermined by the problems identified in the Board's state court suit.

It means the only remaining claim is vs state legislation. 2. The fact that Disney dropped all its claims against executive actions means that its sole remaining claim runs up against formidable 11th Circuit precedent, Ala. Educ. Ass'n v. Bentley (In re Hubbard), 803 F.3d 1298 (11th Cir 2015).
Jul 8, 2023 • 4 tweets • 1 min read
When George Washington came back from winning the Revolutionary War, he found that squatters had taken over some of his land. Took years of litigation before a jury ruled in favor of him. Image It probably wasn't a good bet to depend on a jury of Americans after 1783 to rule against GEORGE WASHINGTON.
Jun 28, 2023 • 7 tweets • 3 min read
Of course, @JackPosobiec is wrong about the law & the facts. Trump did not declassify the documents while he was president, & could not do so in 2021-22 when he was no longer president. He's on tape acknowledging as much. @JackPosobiec As I will remind new readers, I called BS extensively on the Manhattan DA indictment. While there are ample reasons to bring skepticism to the boxes indictment, it lays out a very strong case against which Trump's legal defenses are quite flimsy. nationalreview.com/2023/06/how-to…
Jun 19, 2023 • 6 tweets • 2 min read
1. I have, as I noted in this 2021 column, no quarrel with Juneteenth as a holiday based upon its actual history & traditional celebration. But there's a serious motte-and-bailey issue with how progressives talk about the holiday.

nationalreview.com/2021/06/let-ju… 2. The motte side of the argument sounds like this: a conservative says something about how the holiday is framed by progressives, & is met with "why are you against celebrating the end of slavery?"
Jun 1, 2023 • 8 tweets • 3 min read
Ah, that special vintage of Humpty Dumpty progressive agitprop where the words are redefined & reality is precisely inverted.

They're not mad that there's a system of schools, journals, firm, and judgeships devoted to promoting an ideology, but that theirs isn't the only one. LOL, these guys don't even *have* a comprehensible theory of how to read the Constitution or statutes, but they think that asserting "we're the smart guys, actually" is a substitute for one. Also that nobody will notice them rebranding progressivism as "mainstream."
May 29, 2023 • 4 tweets • 1 min read
Re-upping this for Memorial Day. Image A few of my past Memorial Day columns. From 2016, on the first great American to die in war: Remember Joseph Warren This Memorial Day baseballcrank.com/2016/05/30/his…
May 17, 2023 • 7 tweets • 3 min read
By the 1980s, racism wasn't gone in America, but it was finished, in the sense of broad public consensus that it was bad & should go away.

That consensus took over a century to build. Tearing it down instead of focusing on completing the job was a horrendous idea. Not a coincidence at all. The logic of the Democrats' approach to voter groups & their resentments hasn't changed a jot. They just substituted different groups with different resentments.
May 16, 2023 • 4 tweets • 1 min read
The latter part of this is just obvious nonsense. If you know any Russian history, you don't need any sympathy for Putin to know that a revanchist Russia will be paranoid about an encircling alliance in what it sees as its traditional sphere of influence. Sure, the Russian regime mistrusts the spread of liberal democracy among its neighbors. With the brief exception of a few years in the 1990s, that's been true since 1789. But if NATO transformed into an anti-Russian alliance of fascist states, Putin would still dread it.
Mar 25, 2023 • 5 tweets • 2 min read
I was watching terrorists blow up my office.

You really think you can persuade people to vote for Donald Trump by pretending that a guy who changed his whole life plan to join the military after 9/11 cares less about it than Trump? Were it me, I wouldn't be bragging about writing something this obviously self-discrediting just to try to help Trump win the nomination, then disclaiming the whole point of the ad, but I get that you have bills to pay.

Nov 29, 2022 • 14 tweets • 5 min read
It says a lot - none good - that you see your movement as one that requires people to renounce everything they ever believed in & every principle they ever held; to don moral blinders as to every ally vs one man, & to bury one's qualms as to means, tactics, laws, norms & truth. If you're with the party that's been at war with the Constitution for a century & sees it as a musty relic of old white dudes, you're not actually interested in the Constitution as anything but a slogan with no content & no constraint on raw power.