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Fr. Bill Dailey, CSC
@wrdcsc
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Holy Cross Priest; Leep Family Rector, Graham Family Hall, University of Notre Dame; Thomas More Fellow, de Nicola Center for Ethics & Culture at ND.
Notre Dame, IN
Joined April 2008
RT @ProfRobAnderson: I'm worried I might have seen some pictures, descriptions, or accounts of the game shared without the NFL's consent.
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RT @HELLA_GIRTH: why is jason kelce dressed like 13 dwarves are about to ask him to burgle a dragon
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@Greg651 @JohnQAdams11 @Philip_Huff @jadler1969 Haven’t looked at it. I think Roe was comically bad, but not lawless. I think the majority in Trump’s immunity case went way beyond what was necessary or reasonably established, but not lawless.
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RT @FieldYates: If I were a Super Bowl MVP voter I would just write down Eagles D-line on my ballot and send it in
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@JohnQAdams11 @Greg651 @Philip_Huff @jadler1969 Posner’s account of pragmatism was arguably lawless but he did regard legitimacy/plausibility as constraints that required judges to treat laws as laws in deciding cases.
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@Greg651 @Philip_Huff @jadler1969 I wouldn’t have thought it was necessarily correct—it’s my observation of contingent human reality.
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@Greg651 @Philip_Huff @jadler1969 Courts are often wrong. To be worthy of “lawless” one would have to posit bad faith. I don’t see evidence of that on either the right or the left of SCOTUS. Deep disagreement and fundamentally different visions, yes.
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@Greg651 @RickGarnett @Philip_Huff It’s pretty much game over if that Rubicon is crossed. So it might be necessary but it’s an uncontainable precedent unless one imagines a decision so rogue that 90% of Americans reject it.
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@Greg651 @Philip_Huff I think they are wrong for the reasons I’ve outlined, and that history supports this as Hamburger established. There’s always a populist temptation (like Ryan Cooper or Mark Tushnets argumends that @jadler1969 noted today), and they seem to me obviously recipes for chaos.
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@Greg651 @RickGarnett @Philip_Huff I think the pro-life movement did resistance correctly—obey the bad decisions but keep inviting the courts to change. A decision like Dred Scott certainly tests rule of law and judicial legitimacy norm—legitimacy has to be maintained, not merely asserted.
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@Greg651 @Philip_Huff If the President and Congress sign a law that arguably violates the Constitution, it seems fairly obvious structurally and textually that’s a controversy for the court to decide.
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@Philip_Huff @Greg651 I wasn’t trying to make a point about circularity other than saying MvM is not the source of JR. Were it the only source then mere citation as controlling authority would be circular, though citation on the strength of the argument would not be.
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RT @jimgeraghty: It turns out that for the past three years, the Kansas City Chiefs offensive line was funded by USAID.
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RT @emzanotti: Look, I was already being reminded how old I am by every now-ancient celebrity they keep tossing in these commercials, I did…
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