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Jed Shugerman 🇺🇦 Profile picture
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Jul 19 • 4 tweets • 4 min read
Phipps Botanical Garden in Pittsburgh recreated Monet paintings with real flowers and plants.
Amazing exhibition @PhippsNews #pgh (with my dad and brother)
Monet, Luncheon Under a Canopy 1883.
Phipps Botanical Garden
@PhippsNews #pgh
Monet’s Studio Boat, 1876
@PhippsNews #PGH
Woman with a Parasol - Madame Monet and Her Son, 1875
@PhippsNews #PGH

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More from @jedshug

Jed Shugerman 🇺🇦 Profile picture
Jul 19
I don't get why so many conservatives are tweeting "Marriage Equality is SAFE."

Sure, the Roberts Court is unlikely in 2023-24 to overturn Obergefell.
But over the next 10 years?
GOP-timed retirements, eg. Roberts?
Have you instantly forgotten the Christian Right long-game? 1/
2/ We can assume 3 - probably 4 votes to overturn Obergefell:
Thomas, Alito, Gorsuch, and probably ACB. None of them joined Kavanaugh's concurrence that (merely) hinted that Obergefell was safe.

3/ Then safely assume Thomas & Roberts won't retire until the next GOP president.
4/ In the next GOP presidency, whether Trump, DeSantis, Cotton, Haley, etc...
they'll all nominate "originalist" (cough cough) pro-life, Christian-right judges, if only to keep Dobbs safe.
Thomas's seat stays anti-LGBTQ.
Roberts's seat likely becomes anti-LGBTQ.
That's 5 votes.
Read 5 tweets
Jed Shugerman 🇺🇦 Profile picture
Jul 2
A decision tree on Chevron, post-W. Va. v. EPA (h/t @NicholasBednar):

Chevron Step 0 has 3 steps:
a) Mead: Force of law? Major process?
b) Gonzales/OSHA: Appropriately delegated to that agency?
c) Not a Major Question? (MQD has its own 3 steps)
If yes, yes, yes, go to Chevron...
3 related Major Question questions:
1) A question of vast economic/political significance? No Chev deference.
2) Is it "an elephant from a mousehole?" No Chev deference & invalidate
3) From a "super-statute"? If so, look to purposes more than text. King v. Burwell, Brown & Wmson
3/
 After Step 0, Chevron still has 2 steps, not 1, b/c the 1st step is the justification for Chevron:

Step 1: Is the statute ambiguous? Because ambiguity means Congress *implied delegation* of interp. to the *agency.*

But I think this assumption in Chevron is wrong.
Read 5 tweets
Jed Shugerman 🇺🇦 Profile picture
Jun 28
The conservative talking point I hate the most:
“It’s not the Roberts Court banning abortion. It’s some states. Blame the states, not Alito.”

My dudes: the actual reason we have a 13th and 14th Amendment is because “some states” were and are governed by horrible people.
This is a solid originalist argument:
One of the evils of slavery is that it allowed domination over family choice, over reproductive choice, and over women’s bodies.
The 13th & 14th A protect women’s bodies and choices..
From David Gans in @TheAtlantic
theatlantic.com/ideas/archive/…
“Reproductive Originalism:
Why the Fourteenth Amendment’s Original Meaning Protects the Right to Abortion” by David Gans @MyConstitution, @SMU Law Review 2022
papers.ssrn.com/sol3/papers.cf…
Read 5 tweets
Jed Shugerman 🇺🇦 Profile picture
Jun 27
Blog: 6 questions about Dobbs & abortion rights.

Big point: I think AG Garland & pundits are wrong to suggest "FDA Preemption" now protects mifepristone and other drugs.
The FDA statute has a "savings clause" for state law.
A clear new statute is urgent.
shugerblogcom.wordpress.com/2022/06/27/que…
I address 6 questions:
1. What about an exception to save the life of the mother? A fetus that won't survive? (Sorry, looks like no exceptions).
2. Could SCOTUS or Congress ban abortion nationwide? (Unlikely for now; yes)
3. Can Congress "codify" abortion rights? (Not really)
4. Can states criminalize travel to get an abortion? Maybe.

5. What about other "unwritten" "substantive due process" rights like travel? Marriage equality? Privacy? Birth control?

6. "Preemption": Can FDA approval protect abortion drugs?
Not from the existing statute, I fear.
Read 5 tweets
Jed Shugerman 🇺🇦 Profile picture
May 25
Hi @RickKamlaSports @SiriusXMNBA,
How would metal detectors at schools make a difference?
Aren’t metal detectors dependent on someone guarding it — and doesn’t that guard get shot by any shooter who is armed to kill dozens?

Or how about ban the guns that can kill dozens?
@RickKamlaSports wastes your time:
1) "I agree with Steve Kerr."
2) "It's not about Dems or Repubs, I've given up on all politicians."
3) "More Metal Detectors!!!"

Sorry, @RickKamlaSports, you don't agree with Steve Kerr, and you're sadly distracting everyone with your cynicism.
If you're using your platform to "demand action" today, and if you're not saying "BAN SEMI-AUTOMATIC GUNS"
you're part of the problem, not the solution.

Especially if you're "both-sides-ing," @RickKamlaSports. But your rant on NBA Radio made you feel better, so congrats.
Read 4 tweets
Jed Shugerman 🇺🇦 Profile picture
May 19
If the 5th Cir & unitary theorists think the president could remove officers at will…
how do they explain multiple passages to the contrary by Chief Justice Marshall in an obscure case called “Marbury v Madison”?

See below: ImageImageImage
How can the unitary theorists have no explanation for this?
Pro-tip: Marshall never mentions the principal/inferior distinction. His explanation is entirely consistent with a deeper anti-unitary history here from @Jane_C_Manners @LevMenand:

columbialawreview.org/content/the-th…
And here is John Marshall describing the non-unitary system of federal prosecution in 1801, raising questions about Scalia's history in his Morrison dissent.
And wait, there's more.
Hat/tip @MJSteilen @WilliamBaude Image
Read 5 tweets

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