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Jed Shugerman Profile picture
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3 Dec, 5 tweets, 2 min read
If your first two shots were Moderna, your booster shot is post-Moderna.
If your first shot was Johnson & Johnson, your booster shot is Grant & Nixon…
My apologies to @EricColumbus for missing that he tweeted this first.
But let me make up for it:
If your first shot was Janssen, your booster is Jansssen...
If your first shot was CoronaVac, your booster is Corona Extra:
If your first shot was AstraZeneca, your booster is AstraSeneca-the-Younger...

(And don't fear the shot. Just be Stoic and take it.)

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More from @jedshug

Jed Shugerman Profile picture
1 Dec
Likely the most significant oral argument in years (Dobbs) is happening right now, and Mississippi's lawyer is already making patently ridiculous arguments:

Abortion rights are the only rights implicating life and death?? Hello death penalty?
supremecourt.gov/oral_arguments…
Right now in Dobbs at 11:22:
You can't read too much in these tea leaves... but it sure sounds like Justice Kavanaugh is practicing, reciting many examples of overturning precedents, and sounding out an opinion (and a 5th vote) to overturn Roe and Casey.
I heard CJ Roberts's questions around 11:05 this morning the same way:
Practcing or signaling a willingness to overturn precedents (i.e., Roe).
With caveat that Justices are often trying out arguments, the tone from Roberts and Kavanaugh seemed a hint against Roe/stare decisis.
Read 8 tweets
Jed Shugerman Profile picture
30 Nov
A new paper: “Removal of Context: Blackstone, Limited Monarchy, and the Limits of Unitary Originalism,” Yale J. Law & Humanities, 2022.

I found many errors in unitary executive amicus & scholarship on Blackstone & other historical sources. Thread:
papers.ssrn.com/sol3/papers.cf…
2/ I think these errors are in good-faith. This material is complicated, the 18th c. terms are obscure.
But that's the point:
Originalists claim supremacy as the most reliable & objective method, on the eve of overturning Roe/Casey. These errors should give us all pause...
3/ Most of these errors are more than small interpretative errors in a SCOTUS amicus brief.
They often get the big points backwards, such as Blackstone's work as fundamentally contrary evidence against their theory and historical claims.
shugerblogcom.wordpress.com/2021/11/30/rem…
Read 19 tweets
Jed Shugerman Profile picture
29 Nov
"Vesting" updated on @SSRN:
"Vested" in UVA Founding Era Collection, 1776-1789:
My database of over 1000 uses.
Bottom line: The use of "all" in Art I & its absence in Art II both may be significant, in favor of non-delegation but against unitary executive.
papers.ssrn.com/sol3/papers.cf…
Revised paper "Vesting" (forthcoming @StanLRev 2022) here:
papers.ssrn.com/sol3/papers.cf…
Thanksgiving is a good time to thank my excellent research assistants Michael Albalah, Anne Brodsky, Xinni Cai, Chloe Rigogne, Emily Rubino, Colin Shea, and Tatum Sornborger.
Thank you!
Read 5 tweets
Jed Shugerman Profile picture
29 Nov
New short paper:
Countering Gerrymandered Courts: Comment on Miriam Seifter’s "Countermajoritarian Legislatures"
(forthcoming Columbia L.Rev.Online)
@MiriamSeifter's article is increasingly crucial on election law & extreme gerrymandering.
papers.ssrn.com/sol3/papers.cf…
@MiriamSeifter rightly calls out mistaken assumptions that state legislatures are the democratic branch vs. governors and courts, in an era of extreme gerrymandering vs. state-wide elections.
But the past & future of state judicial elections are also districting & gerrymandering.
3/ As my book The People's Courts showed, state judicial elections emerged in the mid-19th c. with local districts, including state supreme court districts often designed to benefit rural areas or benefit one party.
Many state courts today have the same problem & could get worse.
Read 5 tweets
Jed Shugerman Profile picture
11 Nov
I'm looking forward to discussing David Driesen's outstanding new book w/ @jennmascott & @narosenblum tomorrow!
@dmdriesen's subtitle: "Judicial Enabling of Presidential Power."
My comment: "The Bipartisan Enabling and En-Fabling of Presidential Power"
Thanks to @DorfmanDoron & the Syracuse Law Review for organizing. Our moderator is Kristen Barnes.
Panel #2: The Supreme Court's Embrace of Executive Power.
@jdmortenson @tmksyracuse @heidikitrosser

@dmdriesen's book puts the Roberts Court in a disturbing global context.
Panel #3: "Reforming Presidentialism: Comparative and Domestic Perspectives"
@ascoseriakatz @robertltsai & Cem Tecimer
@coratruefrost moderating
Driesen on Poland, Hungary, Turkey & "democracy-ending unitary executives."
An alarming specter, indeed.
Read 6 tweets
Jed Shugerman Profile picture
3 Nov
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…
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…
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)
Read 7 tweets

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