Jed Shugerman Profile picture
Jan 28 5 tweets 3 min read
Remarkably, @baseballcrank's defense of Ilya Shapiro's anti-identitarian tweets...
plays the identity card.
Ilya's anti-affirmative action stems from his family's experience of anti-Semitism.
So race & ethnic lived experience are relevant to judgment, eh?
nationalreview.com/corner/the-dis…
2) I'm not sure what @baseballcrank is trying to say with this word salad.
I think it's a non-sequitur play of the Russian Jew identity card.
Is some logical connection between the different parts of the sentence? I wouldn't want to assume so, b/c that could be stereotyping.
3) Here's @baseballcrank playing the Russian-Jew ethnic card a second time.
I'm glad we agree that race, ethnicity, family & lived experience & empathy are all relevant to interpreting law:
4) Apparently @baseballcrank agrees the basic fact of ethnic background - a Russian Jew who experienced prejudice - is a relevant factor to explain judgment.

So I think he'd agree that a Black woman's experience of prejudice is also relevant to good legal judgment in America.
5) Oddly, @baseballcrank reflexively assumes that the experience of anti-Semitism logically explains opposition to diversifying our legal institutions.
My family's experience of anti-Semitism led us to support civil rights.
Maybe he'd benefit from a more diverse experience?

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More from @jedshug

Jan 25
Yesterday I got cursed & ratio'ed for this tweet. Now Day 2 starts with a new round of blue-check-marks making the same point that vaccination is not like abortion.
Here are two thoughts:
1) Yes, I know.
Legal arguments can turn on finding common principles in dissimilar cases;
2) My goal was to build a legal argument building on one 6-3 SCOTUS decision on vaccine mandates into a case to save Roe.
I acknowledge I am being naive about the conservative Justices. But I was naive to suggest consensus or common ground or moderation or nuance on Twitter.
3/ Could I have been more explicit in the first tweet to acknowledge the different stakes? Sure. But even when I clarified in a second tweet, the ratio'ing and the nastiness only escalated:
Read 6 tweets
Jan 5
What could Garland do to investigate Trump for January 6th?
IMHO, the only step for Garland is to appoint a special counsel (a Mueller-type).
And I think that's the only way Garland would go, termperamentally.
It says a lot that he hasn't/won't.
1/
law.cornell.edu/cfr/text/28/60…
2/ An investigation into Trump, Biden's once and future political opponent, checks both reg boxes:
a) "conflict of interest...or other extraordinary circumstances; and
(b) That under the circumstances, it would be in the public interest to appoint an outside Special Counsel" Image
3/ Because Garland has not yet appointed a special counsel, he is unlikely to do so. It takes time to find a counsel, assemble a team, then more time for them to get off the ground.
Let's say he had appointed one today. There still isn't enough time left to litigate.
Read 6 tweets
Dec 24, 2021
A very merry Christmas to all who celebrate!

(It’s a not-well-kept secret that many traditional-ish Jews not only wrote some of the best Christmas songs, but also love Christmas songs).
It reminds me of a BC time years ago, when a group was trying to set a Guinness record…
1/
2/ (BC = Before Covid)
…for the largest carrolling group ever assembled. I was so excited to participate. I didn’t know the songs very well, and I probably have the worst singing voice of anyone who ever enjoyed singing. Like American-Idol outtakes bad.…
3/ A large group was appealing, so I started practicing a bit…
Then I checked the date: A Saturday afternoon.
Shabbat.
Not walking distance, back when I was trying not to drive on Shabbat…
I said, “Nu, that’s not very inclusive of all the shomer Shabbat carrollers.”
Read 4 tweets
Dec 22, 2021
The Royal Prerogative, according to Blackstone, included which of the following:
A prerogative to...

(H/t @ShaniaTwain, @KingBobbyBrown, @jdmortenson)
Hint: The unitary exec theorists misquoted Blackstone to claim one of these.
Somehow, I keep finding evidence to the contrary.
Please tell Roberts, Kavanaugh, and Thomas that originalists are just making stuff up, so maybe they should be less sanctimonious against Roe & privacy.
I love that a wrong answer is in the lead.
I found more evidence in Aylmer, The King’s Servants, including this page.
He says each question was posed as a “yes, obviously”
Cc: @BlakeProf @MJSteilen @petermshane @narosenblum @Jane_C_Manners @LevMenand @ArsScripta @gauthamrao
Read 4 tweets
Dec 13, 2021
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.
2. Eric Schneiderman was too scared to go after Trump.
Wonder why.
newyorker.com/news/news-desk…
Read 4 tweets
Dec 8, 2021
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

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