Trump has done more to establish a unitary executive than all the judges or legal scholars in the world could ever do. And Trump has done more to discredit and expose the unitary executive theory as lawless authoritarianism than any judge or legal scholar could ever do.

There should be a 12-syllable German word for this basic phenomenon

Trump has done more to establish a unitary executive than all the judges or legal scholars in the world could ever do. And Trump has done more to discredit and expose the unitary executive theory as lawless authoritarianism than any judge or legal scholar could ever do.

The DC Circuit rejected Trump's attempt to remove Lisa Cook from the Fed in a 2-1 vote. A key question: Do officers with "for cause" protections have a property interest? The majority says yes. 🧵 Here's originalist evidence supporting that conclusion. 1/ storage.courtlistener.com/recap/gov.us...

The DC Circuit rejected Trump's attempt to remove Lisa Cook from the Fed in a 2-1 vote. A key question: Do officers with "for cause" protections have a property interest? The majority says yes. 🧵 Here's originalist evidence supporting that conclusion. 1/ storage.courtlistener.com/recap/gov.us...

Q: but what if a full Epstein investigation also takes down Bill Clinton????? A:

Seriously, Brett/Donald? Seriously?

Turns out the guy with the tagline "You're fired" and the governing strategy of firing independent officials, civil servants, and anyone who is not personally loyal to him... ... may have a presidency defined by rising unemployment and widespread layoffs. www.nytimes.com/live/2025/09...

Just gotta say the Taylor Swift combo of August and her cover of Earth Wind & Fire’s September nail the feeling of August and September every start of every school year. Bittersweet. open.spotify.com/track/5eGX87...

I am delighted to be publishing "An Originalist Case for Birthright Citizenship of Unlawful Immigrants' Children: Anti-Gypsy and Anti-Chinese Restrictions as Categorical Context" in the UC Law Journal (formerly Hastings L. J.). @uclawsf.bsky.social papers.ssrn.com/sol3/papers....

August slipped away into a moment in time Because it was never mine…

I have a new favorite tennis player: Taylor Townsend. #Respect youtu.be/JGet76nPxfA?...

Travis Kelce survived cut down day. And negotiated a massive extension. Lucky guy.

They say prosecutors could get a grand jury to indict a ham sandwich... but apparently not the guy who threw a ham sandwich. At least Trump's hack prosecutors can't.

They say prosecutors could get a grand jury to indict a ham sandwich... but apparently not the guy who threw a ham sandwich. At least Trump's hack prosecutors can't.

Another read is not that SCOTUS is shy about confronting Trump but that they're basically on board with his project but would be embarrassed about the legal arguments they'd have to make if they upheld his actions on the merits, so they find procedural means to let him get his way.

Trump just posted that he would issue an executive order to ban mail-in voting. Bottom line: He cannot. Neither the Constitution nor any congressional statute gives the president such an executive power. He followed up with this whopper, extreme even for Trump's past views of presidential power:

Neville Chamberlain would think he deserved a Nobel Peace Prize, too.

Ice agent struck by sandwich seeks counseling, says he can't even walk through deli without fearing for his life and has been diagnosed with BLTSD

Forthcoming: "Faithful Execution" as "What Have You Done For Me Lately and Financially": An Originalist Case for White House Spreadsheets Listing Companies' Loyalty to the President www.axios.com/2025/08/15/w...

(1) Hi y’all 👋 I’m on the academic hiring market this year!! I’m a PhD at Yale. My job talk is a timely piece of legal history exploring Myers, Humphrey’s Executor, and the future of the unitary executive (not in the news at all 😅). Happy to send a copy!

Delighted to share my latest, History and Fetishism in the New Separation of Powers Formalism, now live in the Penn Law Review! The piece traces the emergence of the Supreme Court’s new approach to separation of powers law and argues that it is grounded in a set of basic mistakes. (1/3)

My draft article goes into depth on the key statutory term "alien enemies." It had a widely understood legal meaning in 1798. Tren de Aragua members do not fit that meaning, even though the group is a designated "Foreign Terrorist Organization."

On "invasion" and "predatory incursion": in 1798, those terms in the Alien Enemies Act clearly had a war-military meaning--an attack on US territory. The Trump administration's interpretation is incorrect. I may have used a sledgehammer to kill a gnat, but it seemed important . . . .

I've just posted "The Alien Enemies Act of 1798," a draft article doing a deep dive into all aspects of the statute and background law -- what it all meant in 1798. It defines "invasion" and "predatory incursion," among other provisions. papers.ssrn.com/sol3/papers....

I don't want to hear Republicans claiming they're the party of free markets. The GOP is now all in for govt intervention in the market, but w/ now less pretext of "regulating in the public interest"... Just blatant partisan politics, ideological enforcement, revenge, or self-dealing corruption.

Are you going on the law teaching market? Thurs Aug 14, Erika George & I will represent BU @bulaw.bsky.social at the Northeast Regional Pre-Faculty Recruitment Conference at NYLS. Morning panels, afternoon individual info meetings. For info & registration: www.nyls.edu/academics/fa...

There are bigger problems out there, but @mlbnetwork.bsky.social @mlbnetworkradio.bsky.social formerGM Steve Phillips just gave some mindless baseball commentary. Co-host Xavier Scruggs disagreed but let it go: "I'm just gonna drink my tea." Phillips got nasty: "Drink it with your pinky up." WTF?

Some thoughts during the worsening humanitarian crisis in Gaza and new international support for Palestinian statehood, on my blog: "The Logic of Zionism = The Logic for Palestinian Statehood" shugerblogcom.wordpress.com/2025/08/01/t...

I'm re-posting this from Friday: "The Logic of Zionism = The Logic for Palestinian Statehood" shugerblogcom.wordpress.com/2025/08/01/t...

With so much propaganda & bias on Israel/Gaza, this accidental concession/confession from a well-informed Bibi supporter is illuminating, in 5 steps: 1. I referred to "Netanyahu's war in Gaza." 2. He replied "I don't know in what world you call what Hamas started on Oct 7th 'Netanyahu's war.'"...

Some thoughts during the worsening humanitarian crisis in Gaza and new international support for Palestinian statehood, on my blog: "The Logic of Zionism = The Logic for Palestinian Statehood" shugerblogcom.wordpress.com/2025/08/01/t...

The story I pieced together from some cryptic snarky posts: Someone misgendered Dersh, so he sued them for pierogies. I think that’s slightly better than the real story. Btw, he seems to love small “dumplings” on small islands off the east coast, no matter how much trouble they bring him.

Repping my @jedshug.bsky.social swag at #SEALS2025. It’s the new theory of constitutional interpretation hot at the Court right now.

Historian friends: tell me about your favorite research & writing tools. As a bonus, would love to know where you learned how to use them & if you'd be interested in sharing your knowledge w/ others.

This is one of the best ideas I've heard in ages.

Endorse. This is what leadership looks like. Look, I don't have any perfect solutions, but at some point, we have to stop the worst anti-solutions. Netanyahu's war in Gaza is an anti-solution, and imperfect consequences are justified to stop far worse consequences. www.cbsnews.com/news/uk-prim...

Wrong answers on AP US exam: “54 40 or fight" was a debate over President Trump’s pant size

For anyone defending Israel's govt against war crimes, the Heritage Minister's recent public statements are... um... inconvenient. Any Israeli prime minister who had an ounce of conscience or true concern for Israel's future would oust this minister. www.timesofisrael.com/liveblog_ent...

Pretty much

Call it the Office of Chutzpah. Or the Office of SFG. (Shonda for the Goyim, i.e., an embarrassment)

I’m surprised that Trump was thoughtful enough to send a birthday card to anyone. Must have been a very special friendship.

Quotes from me, @jedshug.bsky.social and others in this Bloomberg piece... www.bloomberg.com/news/article...

Among others panels, I’m also super looking forward to Saturday’s session on new directions in const’l history w/ @jdmortenson.bsky.social, @tannerallread.bsky.social, @rachelshelden.bsky.social, @janemanners.bsky.social & Mary Bilder

✈️ Very excited to head to Rhode Island for the annual meeting of the Society for Historians of the Early American Republic, at which I’m both an interloper & facilitator of what promises to be a terrific discussion with @gauthamrao.bsky.social, @jedshug.bsky.social, Jennifer Tucker & Saul Cornell!

I got 30/32. Verdict: I woulda been hired. Could You Have Landed a Job at Vogue in the ’90s? www.nytimes.com/interactive/...

David Marcus has posted "The Class Action After Trump v. CASA", explaining why Rule 23(b)(2) class actions can meet the challenge of replacing the universal injunction. @stevevladeck.bsky.social @kovarsky.bsky.social @jedshug.bsky.social @leahlitman.bsky.social papers.ssrn.com/sol3/papers....

“53% of Americans Don’t Know Why We Declared Independence from Britain in 1776” That’s better than 67% of Supreme Court Justices who don’t know, either. www.cato.org/blog/53-dont...