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Jed Shugerman

3 Nov, 7 tweets, 5 min read

@StanfordLaw

Michael McConnell and I are excited to announce this conference:
“Histories of Presidential Power”
Constitutional Law Center
⁦@StanfordLaw⁩
Across the ideological and methodological spectrum.
May 20-21: law.stanford.edu/event/spring-c…

@andrewkent33

Description and list of panels in this post.
Panel 1: How the Presidency Emerged from Colonial, English & Founding Eras
@andrewkent33 (Fordham), Michael McConnell (Stanford), @jdmortenson (Michigan), Eric Nelson (Harvard), Maeve Glass (Columbia)
shugerblogcom.wordpress.com/2021/11/03/his…

@adityabamzai

Panel 2: The First Congress & Executive Power:
@adityabamzai (UVA), @lmchervinsky (GW, SMU, author The Cabinet: George Washington & the Creation of an American Institution), Mike Ramsey (San Diego), @ilan_wurman (Arizona St), @TheGNapp (Stanford)

@aziz_huq

Panel 3: What Article II History Teaches About Emergency Powers
@aziz_huq (Chicago), @cmrodriguez95 (Yale), @MeylerBernie (Stanford), Norm Spaulding (Stanford)
@WuerthIngrid (Vanderbilt)

@nikobowie

Panel 4: Early Presidential Construction of Constitutional Power
@nikobowie & @DaphnaRenan (Harvard), @GillianMetzger2 (Columbia), Alison LaCroix (Chicago), Nicholas Parrillo (Yale)

Panel 5: Public Fiduciaries and the History of Article II
Ethan Leib (Fordham), Seth Davis (Berkeley)

@WilliamBaude

Panel 6: (Non-)Delegation and the Founding Era:
@WilliamBaude (Chicago), Philip Hamburger (Columbia), @jennmascott (GMU/Scalia), @jdmortenson (Michigan), Nick Parrillo (Yale)
/Fin/

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More from @jedshug

Jed Shugerman

@jedshug

5 Oct

https://twitter.com/jedshug/status/1445153404968443905

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?

https://twitter.com/jedshug/status/1445153404968443905

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.

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.

Read 4 tweets

Jed Shugerman

@jedshug

4 Oct

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.

@LeahLitman

And now, @LeahLitman, I can't get the image of Justice Cartman-lito "Respect my Authoritahhh" out of my head.

Great podcast @StrictScrutiny_ @Dahlialithwick

Read 4 tweets

Jed Shugerman

@jedshug

19 Sep

It’s a solid start.
Of a Jewish holiday or a future tort suit?

More sukkah up, still no personal injuries.
Massive assumption of risk.
Much unreasonability.

Chag Sameach!
Still no injuries, other than a splinter!

Read 4 tweets

Jed Shugerman

@jedshug

15 Sep

@StanLRev

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

@jedshug

2 Sep

https://twitter.com/jedshug/status/1432932166388887555

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.

https://twitter.com/jedshug/status/1432932166388887555

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