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Jed Shugerman Profile picture
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13 Dec, 4 tweets, 1 min read
If Trump wins a second term, I hope people understand how Cy Vance, Eric Schneiderman, Tish James and the corrupt Cuomo NY Democratic Machine enabled him all along the way.
1. Cy Vance:
newyorker.com/news/news-desk…
2. Eric Schneiderman was too scared to go after Trump.
Wonder why.
newyorker.com/news/news-desk…
3. Tish James was given Trump Org on a silver platter by Barbara Underwood in 2018-19 and has done nothing.

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More from @jedshug

Jed Shugerman Profile picture
8 Dec
A new thread on originalism myths:
“The Indecisions of 1789: An Originalism Cautionary Tale” documents another series of misuses of sources by originalist unitary executive theorists.
The Roberts Court relied on this myth to expand presidential power: shugerblogcom.wordpress.com/2021/12/08/the…
2/ The mythic "Decisions of 1789" is that a House majority endorsed the unitary theory of implied presidential powers.
But only 16 of 53 (30%) fit that bill.
Trying to find more votes, Prakash miscategorized many members or sources.
My paper here:
papers.ssrn.com/sol3/papers.cf…
3/ The 1st error: Thomas Hartley.
Prakash in "A New Light on the Decision of 1789," cited by Justice Thomas, claims Hartley was part of an "enigmatic" bloc of members that *could* have favored the unitary theory.
But he clearly was not a presidentialist:
shugerblogcom.wordpress.com/2021/12/08/the…
Read 8 tweets
Jed Shugerman Profile picture
3 Dec
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...
Read 5 tweets
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 29 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

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