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Jed Shugerman Profile picture
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4 Oct, 4 tweets, 2 min read
I find it more jarring than ever to read SCOTUS opinions that rely on patently false historical claims, citing precedents instead of actual historical sources to support those false claims...

While we know that in 8 months, SCOTUS will tell us that precedents don't matter.
Yes, this is a subtweet of Chief Justice John Roberts.
And now, @LeahLitman, I can't get the image of Justice Cartman-lito "Respect my Authoritahhh" out of my head.

Great podcast @StrictScrutiny_ @Dahlialithwick
Justice Cart-lito's Way?

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More from @jedshug

Jed Shugerman Profile picture
5 Oct
Context: I am re-reading Roberts Court decisions to understand how originalists/formalists keep repeating the same historical errors.
By relying on precedent and not actual historical materials, they literally repeat the same errors.

Well, what about Roe v. Wade as precedent?
2/ The opening page of Roberts's "historical analysis" in Seila.
1 quote from Madison (who was spinning his own legislative strategy)
1 quote from President Washington in favor of presidential power (surprise.)
Otherwise, 6 citations to Free Enterprise, Bowsher, Hennen & Myers. Image
3/ Here's the next page of historical evidence about 1787-89:
The 1st paragraph is all from Myers (1926)
The 2d paragraph is Roberts quoting himself in Free Enterprise (2010).
Zero original sources for an originalist argument. Image
Read 4 tweets
Jed Shugerman Profile picture
19 Sep
It’s a solid start.
Of a Jewish holiday or a future tort suit? Image
More sukkah up, still no personal injuries.
Massive assumption of risk.
Much unreasonability. Image
Chag Sameach!
Still no injuries, other than a splinter! Image
Read 4 tweets
Jed Shugerman Profile picture
15 Sep
Biden's vaccine mandate is a good policy, but Congress needs to legislate it, rather than rely on agency regulation.
My research into 18th-century "vesting" suggests valid reasons for SCOTUS to revive the non-delegation doctrine.
1/ New @StanLRev draft:
papers.ssrn.com/sol3/papers.cf…
2/ Let's start with "vesting" & the unitary executive theory, which is where I started.
Unitary theorists assume the word "vest" had special legal meaning (exclusive & indefeasible).
My research shows that the word "vest" had only a general simple meaning of granting power.
3/ E.g., Richard Epstein in his 2020 book:
“The use of the term ‘vested’ brings back images of vested rights in the law of property; that is, rights that are fully clothed and protected, which means, at the very least, that they cannot be undone by ordinary legislative action...
Read 8 tweets
Jed Shugerman Profile picture
2 Sep
Confirmation.
The Supreme Court effectively overturned Roe v. Wade by a 5-4 vote last night. Roberts in dissent.

It's not the Roberts Court. It's the Shadow Court.

They didn't even have the decency to schedule a case and pretend to hear arguments.
It's all shadows & cowardice.
Texas strategically avoids judicial review by giving enforcement to private parties.
Sotomayor:
"Texas has deputized the State’s citizens as bounty hunters, offering them cash prizes for civilly prosecuting their neighbors’ medical procedures."
"By relying instead on citizen bounty hunters, Texas sought to make it more complicated for federal courts to enjoin the Act on a statewide basis.
A breathtaking act of defiance—of the Constitution, of this Court’s precedents, and of the rights of women."
Read 5 tweets
Jed Shugerman Profile picture
27 Aug
Who was the best romantic empiricist?
Robin S?
Robyn?
Read 4 tweets
Jed Shugerman Profile picture
10 Aug
The Atlanta Hawks have an Israeli player named M. Heidegger.
He is a phenom. He can really husserl and turn a corner. He plays kierke-guard.
I hope they dasein some plays for him.
I guess you had to be there.
Maybe he can play for the Manhattan College Jaspers.

Just throwing this around and letting you know of the existence of these bad jokes, @BlakeProf @jdmortenson @GVildostegui @JonCohenNYC
gojaspers.com
Breaking: The Temple Owls have signed George Willie Fred Hegel.
cc: @BlakeProf
Read 4 tweets

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