Jed H. Shugerman
@jedshug.bsky.social
Prof Boston U. Law. JD/PhD History & dad jokes.
5th most-cited legal historian, 2019-23
Book: The People’s Courts. Next: A Faithful President: The Founders v. the Originalists
http://shugerblog.com
http://ssrn.com/author=625422
5th most-cited legal historian, 2019-23
Book: The People’s Courts. Next: A Faithful President: The Founders v. the Originalists
http://shugerblog.com
http://ssrn.com/author=625422
Pinned
Jed H. Shugerman
@jedshug.bsky.social
· Sep 25
The Fed, Offices as Property, and the Meaning of "Cause"
The Federal Reserve Act states that "each member shall hold office for a term of fourteen years from the expiration of the term of his predecessor, unless
papers.ssrn.com
I filed an amicus brief in Trump v. Cook (the emergency appeal over the firing of Fed Governor Lisa Cook) with @democracyforward.org, who did amazing work editing & filing on a tight lightning docket schedule.
Special thanks to @janemanners.bsky.social
papers.ssrn.com/sol3/papers....
Special thanks to @janemanners.bsky.social
papers.ssrn.com/sol3/papers....
Reposted by Jed H. Shugerman
The “Don’t Mess With My 401(k) Exception to Unlimited Presidential Authority.”
January 21, 2026 at 4:51 PM
The “Don’t Mess With My 401(k) Exception to Unlimited Presidential Authority.”
The Fed case Cook v Trump will be argued at 10 am.
I’ll be following.
One starting point for lawyers is the excellent Cook reply/supplemental brief, which chiefly relies on @janemanners.bsky.social @levmenand.bsky.social (and also cites some of my work)
www.supremecourt.gov/DocketPDF/25...
I’ll be following.
One starting point for lawyers is the excellent Cook reply/supplemental brief, which chiefly relies on @janemanners.bsky.social @levmenand.bsky.social (and also cites some of my work)
www.supremecourt.gov/DocketPDF/25...
www.supremecourt.gov
January 21, 2026 at 2:53 PM
The Fed case Cook v Trump will be argued at 10 am.
I’ll be following.
One starting point for lawyers is the excellent Cook reply/supplemental brief, which chiefly relies on @janemanners.bsky.social @levmenand.bsky.social (and also cites some of my work)
www.supremecourt.gov/DocketPDF/25...
I’ll be following.
One starting point for lawyers is the excellent Cook reply/supplemental brief, which chiefly relies on @janemanners.bsky.social @levmenand.bsky.social (and also cites some of my work)
www.supremecourt.gov/DocketPDF/25...
This kind of "criticism" is straight out of 16th-18th C. England and European monarchies, where criticizing the king directly could be prosecuted:
"Of course, I would never criticize the King. I'm merely critical of the King's corrupt and faithless ministers and advisors."
"Of course, I would never criticize the King. I'm merely critical of the King's corrupt and faithless ministers and advisors."
Tillis: "To be clear -- I'm not critical of the president. I'm critical of the bad advice he's getting on Greenland."
January 20, 2026 at 6:31 PM
This kind of "criticism" is straight out of 16th-18th C. England and European monarchies, where criticizing the king directly could be prosecuted:
"Of course, I would never criticize the King. I'm merely critical of the King's corrupt and faithless ministers and advisors."
"Of course, I would never criticize the King. I'm merely critical of the King's corrupt and faithless ministers and advisors."
Reposted by Jed H. Shugerman
Jaylen Brown named a starter in this year’s NBA All-Starter Game. Brown has also played his way into being a top-5 MVP candidate on NBA dot com’s MVP ladder.
January 19, 2026 at 7:11 PM
Jaylen Brown named a starter in this year’s NBA All-Starter Game. Brown has also played his way into being a top-5 MVP candidate on NBA dot com’s MVP ladder.
Reposted by Jed H. Shugerman
2026 East NBA All-Star starters:
Jalen Brunson
Giannis Antetokounmpo
Tyrese Maxey
Cade Cunningham
Jaylen Brown
Jalen Brunson
Giannis Antetokounmpo
Tyrese Maxey
Cade Cunningham
Jaylen Brown
January 19, 2026 at 7:09 PM
2026 East NBA All-Star starters:
Jalen Brunson
Giannis Antetokounmpo
Tyrese Maxey
Cade Cunningham
Jaylen Brown
Jalen Brunson
Giannis Antetokounmpo
Tyrese Maxey
Cade Cunningham
Jaylen Brown
Reposted by Jed H. Shugerman
If you follow this area, this is kind of a big deal. In spite of SCOTUS' ahistorical rulings, the President might not be a King (even though founding-era Kings were bound by limits, too...).
More major originalist movement against presidential removal power:
Mike Rappaport, prominent originalist unitary theorist, admirably updated his views:
Article II does not imply a removal power.
He makes a case for presidential policy control instead.
blog.dividedargument.com/p/guest-post...
Mike Rappaport, prominent originalist unitary theorist, admirably updated his views:
Article II does not imply a removal power.
He makes a case for presidential policy control instead.
blog.dividedargument.com/p/guest-post...
Guest Post: The Unitary Executive: Presidential Control, not Removal
a guest post from Professor Michael B. Rappaport
blog.dividedargument.com
January 13, 2026 at 6:57 PM
If you follow this area, this is kind of a big deal. In spite of SCOTUS' ahistorical rulings, the President might not be a King (even though founding-era Kings were bound by limits, too...).
More major originalist movement against presidential removal power:
Mike Rappaport, prominent originalist unitary theorist, admirably updated his views:
Article II does not imply a removal power.
He makes a case for presidential policy control instead.
blog.dividedargument.com/p/guest-post...
Mike Rappaport, prominent originalist unitary theorist, admirably updated his views:
Article II does not imply a removal power.
He makes a case for presidential policy control instead.
blog.dividedargument.com/p/guest-post...
Guest Post: The Unitary Executive: Presidential Control, not Removal
a guest post from Professor Michael B. Rappaport
blog.dividedargument.com
January 13, 2026 at 5:15 PM
More major originalist movement against presidential removal power:
Mike Rappaport, prominent originalist unitary theorist, admirably updated his views:
Article II does not imply a removal power.
He makes a case for presidential policy control instead.
blog.dividedargument.com/p/guest-post...
Mike Rappaport, prominent originalist unitary theorist, admirably updated his views:
Article II does not imply a removal power.
He makes a case for presidential policy control instead.
blog.dividedargument.com/p/guest-post...
I just found this from Sai Prakash in "Regulating Presidential Powers," 2005:
"In New Light on the Decision of 1789 (forthcoming July 2006), I argue that the removal debates do not reveal the existence of any majority clearly opposed to ***congressional regulation*** of the removal power."
"In New Light on the Decision of 1789 (forthcoming July 2006), I argue that the removal debates do not reveal the existence of any majority clearly opposed to ***congressional regulation*** of the removal power."
January 12, 2026 at 7:51 PM
I just found this from Sai Prakash in "Regulating Presidential Powers," 2005:
"In New Light on the Decision of 1789 (forthcoming July 2006), I argue that the removal debates do not reveal the existence of any majority clearly opposed to ***congressional regulation*** of the removal power."
"In New Light on the Decision of 1789 (forthcoming July 2006), I argue that the removal debates do not reveal the existence of any majority clearly opposed to ***congressional regulation*** of the removal power."
I'm delighted to announce BU's Clark Legal History Series
@bostonu.bsky.social @bulaw.bsky.social
Weds 4:20 to 6:20:
Starting 1/21: @johnfabianwitt.bsky.social presenting his outstanding new book "The Radical Fund"
Then @sherifgirgis.bsky.social @beaubaumann.bsky.social & more:
@bostonu.bsky.social @bulaw.bsky.social
Weds 4:20 to 6:20:
Starting 1/21: @johnfabianwitt.bsky.social presenting his outstanding new book "The Radical Fund"
Then @sherifgirgis.bsky.social @beaubaumann.bsky.social & more:
January 8, 2026 at 10:54 PM
I'm delighted to announce BU's Clark Legal History Series
@bostonu.bsky.social @bulaw.bsky.social
Weds 4:20 to 6:20:
Starting 1/21: @johnfabianwitt.bsky.social presenting his outstanding new book "The Radical Fund"
Then @sherifgirgis.bsky.social @beaubaumann.bsky.social & more:
@bostonu.bsky.social @bulaw.bsky.social
Weds 4:20 to 6:20:
Starting 1/21: @johnfabianwitt.bsky.social presenting his outstanding new book "The Radical Fund"
Then @sherifgirgis.bsky.social @beaubaumann.bsky.social & more:
I have watched the video recordings of the ICE officer killing an innocent woman too many times this morning.
I don’t recommend watching them. It’s obvious that this was an unjustified homicide, not self-defense.
But for the grace of G-d, she could have been any of us, just stuck in the snow.
I don’t recommend watching them. It’s obvious that this was an unjustified homicide, not self-defense.
But for the grace of G-d, she could have been any of us, just stuck in the snow.
January 8, 2026 at 3:54 PM
I have watched the video recordings of the ICE officer killing an innocent woman too many times this morning.
I don’t recommend watching them. It’s obvious that this was an unjustified homicide, not self-defense.
But for the grace of G-d, she could have been any of us, just stuck in the snow.
I don’t recommend watching them. It’s obvious that this was an unjustified homicide, not self-defense.
But for the grace of G-d, she could have been any of us, just stuck in the snow.
An Originalist Case for the Hostile Takeover of Venezuela:
1. Hostile takeovers are a thing. From time immemorial.
2. Art II does not prohibit hostile takeovers of foreign countries.
3. Hostile takeovers have an "executive power" vibe.
4. Art II implies presidents have a hostile takeover power.
1. Hostile takeovers are a thing. From time immemorial.
2. Art II does not prohibit hostile takeovers of foreign countries.
3. Hostile takeovers have an "executive power" vibe.
4. Art II implies presidents have a hostile takeover power.
January 7, 2026 at 9:37 PM
An Originalist Case for the Hostile Takeover of Venezuela:
1. Hostile takeovers are a thing. From time immemorial.
2. Art II does not prohibit hostile takeovers of foreign countries.
3. Hostile takeovers have an "executive power" vibe.
4. Art II implies presidents have a hostile takeover power.
1. Hostile takeovers are a thing. From time immemorial.
2. Art II does not prohibit hostile takeovers of foreign countries.
3. Hostile takeovers have an "executive power" vibe.
4. Art II implies presidents have a hostile takeover power.
I always experienced dissonance and anxiety with the names for the yoga poses "Warrior 1," "Warrior 2," and "Reverse Warrior."
For me personally, I will start calling them Worrier 1, Worrier 2, and Reverse Worrier.
For me personally, I will start calling them Worrier 1, Worrier 2, and Reverse Worrier.
January 2, 2026 at 5:44 PM
I always experienced dissonance and anxiety with the names for the yoga poses "Warrior 1," "Warrior 2," and "Reverse Warrior."
For me personally, I will start calling them Worrier 1, Worrier 2, and Reverse Worrier.
For me personally, I will start calling them Worrier 1, Worrier 2, and Reverse Worrier.
Rock-Paper-Lizard.
Aggressive orange males defeat cooperative blue males
Cooperative blue males defeat sneaky yellow males
Sneaky yellowmales defeat aggressive orange males
Mate and repeat.
This Diminutive Reptile Plays Rock-Paper-Scissors www.nytimes.com/2026/01/01/s...
Aggressive orange males defeat cooperative blue males
Cooperative blue males defeat sneaky yellow males
Sneaky yellowmales defeat aggressive orange males
Mate and repeat.
This Diminutive Reptile Plays Rock-Paper-Scissors www.nytimes.com/2026/01/01/s...
This Diminutive Reptile Plays Rock-Paper-Scissors
www.nytimes.com
January 2, 2026 at 12:25 PM
Rock-Paper-Lizard.
Aggressive orange males defeat cooperative blue males
Cooperative blue males defeat sneaky yellow males
Sneaky yellowmales defeat aggressive orange males
Mate and repeat.
This Diminutive Reptile Plays Rock-Paper-Scissors www.nytimes.com/2026/01/01/s...
Aggressive orange males defeat cooperative blue males
Cooperative blue males defeat sneaky yellow males
Sneaky yellowmales defeat aggressive orange males
Mate and repeat.
This Diminutive Reptile Plays Rock-Paper-Scissors www.nytimes.com/2026/01/01/s...
Reposted by Jed H. Shugerman
Last thing: me on domicile reason.com/volokh/2025/...
The Domicile Dead-End
NA Trump's anti-birthright executive order is often described as being targeted at people who enter the country unlawfully. But its…
reason.com
December 28, 2025 at 4:26 PM
Last thing: me on domicile reason.com/volokh/2025/...
Reposted by Jed H. Shugerman
I regret to report that this is where we are with the anti-birthright-citizenship stuff papers.ssrn.com/sol3/papers....
December 28, 2025 at 3:40 PM
I regret to report that this is where we are with the anti-birthright-citizenship stuff papers.ssrn.com/sol3/papers....
I reviewed last night’s sunset on Google:
Just one star.
Literally.
Just one star.
Literally.
December 28, 2025 at 1:45 PM
I reviewed last night’s sunset on Google:
Just one star.
Literally.
Just one star.
Literally.
The Spurs have beaten the Thunder three straight times, away, home, and neutral site…
If Wemby and Fox can stay healthy, they’re the new favorites to win the title.
And not long after we declared the start of a Thunder dynasty, could this be the start of a new Spurs dynasty?
If Wemby and Fox can stay healthy, they’re the new favorites to win the title.
And not long after we declared the start of a Thunder dynasty, could this be the start of a new Spurs dynasty?
December 25, 2025 at 10:01 PM
The Spurs have beaten the Thunder three straight times, away, home, and neutral site…
If Wemby and Fox can stay healthy, they’re the new favorites to win the title.
And not long after we declared the start of a Thunder dynasty, could this be the start of a new Spurs dynasty?
If Wemby and Fox can stay healthy, they’re the new favorites to win the title.
And not long after we declared the start of a Thunder dynasty, could this be the start of a new Spurs dynasty?
Reposted by Jed H. Shugerman
Plz join us for one or both of these interesting webinars--the first one is taking place already next week! For deets, see ads below. @narosenblum.bsky.social @nicholashandler.bsky.social @nicholasbednar.bsky.social @blakeprof.bsky.social @jedshug.bsky.social
December 22, 2025 at 10:43 PM
Plz join us for one or both of these interesting webinars--the first one is taking place already next week! For deets, see ads below. @narosenblum.bsky.social @nicholashandler.bsky.social @nicholasbednar.bsky.social @blakeprof.bsky.social @jedshug.bsky.social
Reposted by Jed H. Shugerman
CBS didn't run the 60 Minutes segment on CECOT, but over here at @propublica.org we've been working on the story since March, including finding out who each and every man sent to that maximum security prison was.
You can see our reporting here: www.propublica.org/series/depor...
You can see our reporting here: www.propublica.org/series/depor...
Deported and Imprisoned Archives
A case-by-case investigation that examines the Trump administration’s claims that these immigrants are all “sick criminals” and “terrorists” and that shows what they suffered during months in one of t...
www.propublica.org
December 22, 2025 at 4:08 PM
CBS didn't run the 60 Minutes segment on CECOT, but over here at @propublica.org we've been working on the story since March, including finding out who each and every man sent to that maximum security prison was.
You can see our reporting here: www.propublica.org/series/depor...
You can see our reporting here: www.propublica.org/series/depor...
Yep, AI is now super reliable in reporting very basic facts and generating coherent sentences.
(Even if you're not a sports fan, see if you can spot the sentence with the obvious factual/mathematical contradiction).
(Even if you're not a sports fan, see if you can spot the sentence with the obvious factual/mathematical contradiction).
December 19, 2025 at 3:27 PM
Yep, AI is now super reliable in reporting very basic facts and generating coherent sentences.
(Even if you're not a sports fan, see if you can spot the sentence with the obvious factual/mathematical contradiction).
(Even if you're not a sports fan, see if you can spot the sentence with the obvious factual/mathematical contradiction).
The coincidence of Rob Reiner's death and SCOTUS oral arguments got me thinking:
The Roberts Court seems to have a Colonel Nathan Jessup theory of presidentialism:
They want immunity & unchecked power on that Wall.
They NEED immunity & unchecked power on that Wall.
www.youtube.com/watch?v=9FnO...
The Roberts Court seems to have a Colonel Nathan Jessup theory of presidentialism:
They want immunity & unchecked power on that Wall.
They NEED immunity & unchecked power on that Wall.
www.youtube.com/watch?v=9FnO...
You Can't Handle the Truth! - A Few Good Men (7/8) Movie CLIP (1992) HD
YouTube video by Movieclips
www.youtube.com
December 18, 2025 at 4:36 PM
The coincidence of Rob Reiner's death and SCOTUS oral arguments got me thinking:
The Roberts Court seems to have a Colonel Nathan Jessup theory of presidentialism:
They want immunity & unchecked power on that Wall.
They NEED immunity & unchecked power on that Wall.
www.youtube.com/watch?v=9FnO...
The Roberts Court seems to have a Colonel Nathan Jessup theory of presidentialism:
They want immunity & unchecked power on that Wall.
They NEED immunity & unchecked power on that Wall.
www.youtube.com/watch?v=9FnO...
Public service announcement:
None of the Jews you know are ambassadors from the state of Israel.
We are no more responsible for the Israeli govt than you are for the Russian or British govt or the Palestinian Authority...
Don't ask us to make a special declaration or whatever to end this conflict.
None of the Jews you know are ambassadors from the state of Israel.
We are no more responsible for the Israeli govt than you are for the Russian or British govt or the Palestinian Authority...
Don't ask us to make a special declaration or whatever to end this conflict.
+1.
Yes, I have experienced this kind of request.
From a law professor.
As if I were the ambassador from the state of Israel because I wear a kipa.
Yes, I have experienced this kind of request.
From a law professor.
As if I were the ambassador from the state of Israel because I wear a kipa.
December 18, 2025 at 2:54 PM
Public service announcement:
None of the Jews you know are ambassadors from the state of Israel.
We are no more responsible for the Israeli govt than you are for the Russian or British govt or the Palestinian Authority...
Don't ask us to make a special declaration or whatever to end this conflict.
None of the Jews you know are ambassadors from the state of Israel.
We are no more responsible for the Israeli govt than you are for the Russian or British govt or the Palestinian Authority...
Don't ask us to make a special declaration or whatever to end this conflict.
Reposted by Jed H. Shugerman
Shockingly normal experience for Jews
Australians found my post about this being a shitty Hanukkah and are now informing that if I personally ask Netanyahu (who will listen to me) to stop committing genocide against Palestinians, then random Jews around the world won't be shot anymore.
December 18, 2025 at 12:06 PM
Shockingly normal experience for Jews
Reposted by Jed H. Shugerman
Lazy Sunday left such a gargantuan footprint, few remember that the same episode featured this absolute banger from Robert Smigel and friends:
TV Funhouse: Christmastime For The Jews - SNL
YouTube video by Saturday Night Live
www.youtube.com
December 18, 2025 at 1:33 AM
Lazy Sunday left such a gargantuan footprint, few remember that the same episode featured this absolute banger from Robert Smigel and friends:
Reposted by Jed H. Shugerman
Good discussion between @jedshug.bsky.social and Tom Berry of Cato. podcasts.apple.com/us/podcast/w...
Can President Trump Fire a Federal Trade Commissioner Without Cause?
Podcast Episode · We the People · 12/11/2025 · 1h 7m
podcasts.apple.com
December 17, 2025 at 7:01 PM
Good discussion between @jedshug.bsky.social and Tom Berry of Cato. podcasts.apple.com/us/podcast/w...