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Jed Shugerman Profile picture
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29 Mar, 5 tweets, 4 min read
Tomorrow at noon:
I'll be talking with my friend Prof. @CBHessick about my book project "The Rise of the Prosecutor Politicians: A Cause of Mass Incarceration."

Focus on Earl Warren, the Japanese Internment, & the Kennedys, "liberals" tough on crime.
1/
2/ Background:
I put together a database showing that an increasing number of Sens, Govs, State AGs, & Justices rose from prosecutors' offices.
1st turning point: Progressive Era pols after short time as DA.
2d turning point: 1940s for career "tough" DAs
shugerblog.com/2017/07/07/the…
3/
 The Prison Policy Initiative @PrisonPolicy (@PWpolicy Wendy Sawyer, Alex Clark) used my data to put together this chart showing the pattern of former prosecutors becoming Sen/Gov/AG over the past decade:
prisonpolicy.org/blog/2017/07/1…
4/ Here's an early draft I presented in 2015 mapping out the chapters w/ a chapter on Earl Warren & Japanese Internment. (Right after that, I turned to a book on presidential power, the imaginary unitary executive & prosecution, but this book is next).
law.berkeley.edu/wp-content/upl…
5/
 I'm very proud of this @throughlineNPR episode "Mass Incarceration"
@RundAbdelfatah & @ramtinarablouei, @KhalilGMuhammad, @emilybazelon, @JohnFPfaff, @douglasblackmon on racism & prosecution.

Chosen as 1 of its 4 most requested episodes thru 2020.
npr.org/2019/08/14/751…

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More from @jedshug

Jed Shugerman Profile picture
26 Mar
The way we talk about the Taney Court and Dred Scott and about the Lochner Court as illegitimate ideological hack partisans is how one day we all will talk about Shelby County and the Roberts Court.

Hell, let’s start now.
2/ “In Shelby, Roberts used erroneous data to make claims about rates of voter registration among blacks and whites in 6 southern states...
The data displayed registration gaps had shrunk dramatically.
But some of the numbers in his chart were wrong.”
propublica.org/article/suprem…
3/ BASIC RACE STATS ERROR:

“Roberts used numbers that counted Hispanics as white, including many Hispanics who weren’t U.S. citizens and could not register to vote, which had the effect of inaccurately lowering the rate for white registration.”

He mixed Latino in with white!
Read 8 tweets
Jed Shugerman Profile picture
24 Mar
Zeus, a plan, a canal, Suez.
This is more Palingenesis/Parthenogensis than Palindrome.
Or more like a Michael Palin-drome.
Not a Sarah Palin-drone.
I am more proud of this six-word tweet than some of my sixty-page law review articles.
Read 4 tweets
Jed Shugerman Profile picture
11 Mar
Am I really annotating Seila Law as I prepare to teach it next Monday?
And am I going to run out of room in the margins?
Yes I am.
cc. @jdmortenson @BlakeProf @LeahLitman @petermshane @vicnourse
Annotated Seila Law, p. 2.
cc: @Jane_C_Manners @LevMenand @andrewkent33
Annotated Seila Law, p. 3
(for p. 2: Did I really ask where in Article III is the "Duty to Micromanage" clause (a.k.a. The Dwight from the Office Clause)?
Yes I did.
Cf. Peter Strauss, "Overseer or Decider?"
Read 5 tweets
Jed Shugerman Profile picture
25 Feb
“Vesting”: Text, Context, Dictionaries, and Unitary Problems
The Executive Vesting Clause is a pillar for the unitary theory of exclusive, indefeasible presidential power.
The word "vest" did not mean what they think it means.

Article posted on SSRN:
papers.ssrn.com/sol3/papers.cf…
Abstract and table of contents here.
Below: Chart of dictionaries 1640 to 1846.

Special thanks to @jdmortenson @BlakeProf @Jane_C_Manners @LevMenand @petermshane @GillianMetzger2 @_John_Mikhail @MFlaherty17 @andrewkent33
Charts of dictionaries:
7 categories, from less to more support for unitary indefeasibility, L to R.
Last column relates to absolute power.
2d from the right relates to offices/official powers
Most relate to individual property rights and simple possession of real estate:
Read 6 tweets
Jed Shugerman Profile picture
13 Feb
Before people get upset about not calling witnesses:
I think Democrats understand the chances have increased significantly over the past 24 hours of Trump being criminally prosecuted for Jan. 6 (with witnesses, a real judge, and full legal process).
Plus the Georgia call.
I think the House managers have done a great job. The problem is the Senate “judge and jury,” and as we’ve seen, the GOP Senators are only interested in obstruction and partisan spin.
Let prosecutors investigate and then - in a real courtroom - get a clean shot at questions.
I had said earlier and often that Trump would not face prosecution: the speeches themselves were *not* criminal incitement.
But now: new questions of contacts before and during the insurrection arose. I think a criminal investigation is now likely, and an indictment is plausible.
Read 8 tweets
Jed Shugerman Profile picture
11 Feb
My originalism hypocrisy argument in @politico:

"The Senate GOP used Trump to fill the federal bench urgently with ostensible originalists. But when the rule of law is now on the line, they effectively voted 44 to 6 to disqualify originalism itself."
politico.com/news/magazine/…
2/ "Along with Trump, originalism was on trial this week in the Senate. The point of originalism—and I say this as an originalist legal scholar—is that our Constitution is not supposed to be a wordy document narrowly fixing every point of law...
3/ "but a framework that depends upon historical context to find meaning and purpose... Contradicting the arguments they conveniently invoke for judicial appointments, the vast majority of Republican Senators this week ignored the whole principle of originalism.
Read 4 tweets

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