Peter M. Shane

@petermshane.bsky.social

10K followers 1.6K following 830 posts

Constitutional and admin law prof. Author, Democracy's Chief Executive (U. Cal. 2022). Podcast host @DemChiefExecPod. @Monthly contributor. Corgi-obsessed.

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Peter Milo Shane is an American legal scholar and writer. He is currently the Jacob E. Davis and Jacob E. Davis II Chair in Law Emeritus at the Moritz College of Law at The Ohio State University, where he taught from 2003-2021.[1] Since 2022, he has been a Distinguished Scholar in Residence and Adjunct Professor at the New York University School of Law. [2] .. more

Political science 50%

Economics 18%

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Peter M. Shane @petermshane.bsky.social · Jul 21

“Trump’s use of executive power is not a distortion of the Roberts Court’s theory of the presidency; it is the Court’s theory of the presidency, brought to life.” My take in The Atlantic. www.theatlantic.com/ideas/archiv...

This Is the Presidency John Roberts Has Built

The country is witnessing the creation of an all-powerful institution, and one man is responsible.

www.theatlantic.com

Peter M. Shane @petermshane.bsky.social · 3d

SCOTUS has let stand the bar to Trump's use of the National Guard for law enforcement in Illinois. As I mentioned recently in Washington Monthly, the Court has an easier time policing Trump's overreading of statutes than his simply disobeying or ignoring them.
www.documentcloud.org/documents/26...

25A443 Order

www.documentcloud.org

Peter M. Shane @petermshane.bsky.social · 5d

Aren’t those called biscuits?

Peter M. Shane @petermshane.bsky.social · 5d

Who knew this was a cognitive test??

Peter M. Shane @petermshane.bsky.social · 7d

Searching for Trump yields 0 items. Searching for Clinton: 109.

Peter M. Shane @petermshane.bsky.social · 7d

DOJ Epstein Library says: "Due to technical limitations and the format of certain materials (e.g., handwritten text), portions of these documents may not be electronically searchable or may produce unreliable search results." Searches for "Trump" or "Wexner" yield 0 results.
www.justice.gov/epstein

Department of Justice | Homepage | United States Department of Justice

www.justice.gov

Peter M. Shane @petermshane.bsky.social · 7d

Department of Justice | Homepage | United States Department of Justice

www.justice.gov

Peter M. Shane @petermshane.bsky.social · 7d

Would Caroline Kennedy or some sponsor of the Center have standing to challenge this abomination? Trump Administration Live Updates: Kennedy Center Adds Trump’s Name to Facade www.nytimes.com/live/2025/12...

`Trump Administration Live Updates: Kennedy Center Adds Trump’s Name to Facade

www.nytimes.com

Peter M. Shane @petermshane.bsky.social · 9d

He’s not gonna tell a lie.

Peter M. Shane @petermshane.bsky.social · 9d

I’ve seen originalist analyses less persuasive than this one!

Jerry Edwards @jerryedwards.bsky.social · 10d

I don't know, Aaron. I think we need to take this seriously. In fact, after surveying hundreds of years of history in the past few days, I've written an article assessing the originalist case here:
papers.ssrn.com/sol3/papers....

Reposted by Peter M. Shane, David S. Cohen, Silvia Secchi , and 9 more Peter M. Shane, David S. Cohen, Silvia Secchi, Stephen D. Murphy, Jacob T. Levy, Mary L. Dudziak, Sebastian Karcher, Simon Lester, Eric J. Segall, Brian L. Frye, Daxton R. Stewart, Manisha Sinha

Jerry Edwards @jerryedwards.bsky.social · 10d

Peter M. Shane @petermshane.bsky.social · 11d

Perhaps fitting this season of year-end wrap-ups, I published an essay in Washington Monthly trying to sum up how the Roberts Court throughout 2025 has been enabling Trump’s assault on the constitutionally intended distribution of powers among Congress, the executive, and the courts.

Washington Monthly @washingtonmonthly.com · 11d

The Roberts Court has been an accomplice to the president’s blatant attempts to bypass the Constitution’s limits on his power.  Here’s how. –– @petermshane.bsky.social

washingtonmonthly.com/2025/12/15/h...

How the Roberts Court Indulges Trump’s Constitutional Workarounds

The Roberts court has been an accomplice in the president’s blatant attempts to bypass the Constitution’s limits on his power.  Here’s how.

washingtonmonthly.com

Reposted by Peter M. Shane

Washington Monthly @washingtonmonthly.com · 11d

How the Roberts Court Indulges Trump’s Constitutional Workarounds

The Roberts court has been an accomplice in the president’s blatant attempts to bypass the Constitution’s limits on his power.  Here’s how.

washingtonmonthly.com

Peter M. Shane @petermshane.bsky.social · 12d

I will be so proud to call him my mayor.

Zohran Kwame Mamdani @zohrankmamdani.bsky.social · 12d

The attack at a Hanukkah celebration in Sydney today was a vile act of antisemitic terror. I mourn those who were murdered and will be keeping their families, the Jewish community, and the Chabad movement in my prayers. May the memories of all those killed be a blessing.

While we are still waiting for all the facts to emerge, what we already know is devastating. At least 11 dead, including Rabbi Eli Schlanger, who held deep ties to Crown Heights. At least 29 injured. Another Jewish community plunged into mourning and loss, a holiday of light so painfully reduced to a day of darkness. This attack is merely the latest, most horrifying iteration in a growing pattern of violence targeted at Jewish people across the world. Too many no longer feel safe to be themselves, to express their faith publicly, to worship in their synagogues without armed security stationed outside. What happened at Bondi is what many Jewish people fear will happen in their communities too.

On Bondi Beach today, as men with long guns targeted innocents, another man ran towards the gunfire and disarmed a shooter. Tonight, as Jewish New Yorkers light menorahs and usher in a first night of Hanukkah clouded by grief, let us look to his example and confront hatred with the urgency and action it demands. When I am Mayor, I will work every day to keep Jewish New Yorkers safe—on our streets, our subways, at shul, in every moment of every day. Let this be a purpose shared by every New Yorker, and let us banish this horrific violence to the past.

Peter M. Shane @petermshane.bsky.social · 14d

Not to be outdone in the font wars, the Department of Education will be switching to Nineteenth Century Schoolbook.

Peter M. Shane @petermshane.bsky.social · 14d

Right-wing GOPers will unite with Democrats when their interests converge. Indiana GOP legislators are aware how Democrats are overperforming in solidly pro-Trump districts and don't want to gerrymander their "safe" districts into somewhat less safe districts. Good for them, but not Mandela-level.

Jon Cooper @joncooper-us.bsky.social · 14d

👇👇👇👇

Peter M. Shane @petermshane.bsky.social · 14d

3/3 in the last five years; Family member dates of birth; Family member places of birth; Family member residencies; Biometrics – face, fingerprint, DNA, and iris; Business telephone numbers used in the last five years; and Business email addresses used in the last ten years.

Peter M. Shane @petermshane.bsky.social · 14d

2/2 The info sought would include telephone numbers used in the last five years; Email addresses used in the last ten years; IP addresses and metadata from electronically submitted photos; Family member names (parents, spouse, siblings, children); Family number telephone numbers used . . .

Reposted by Stuart Shapiro

Peter M. Shane @petermshane.bsky.social · 14d

1/3 In its untiring effort to kill the U.S. tourism industry, HHS has formally asked OMB to approve to expanding the info collected when tourists from visa-waiver countries, a/k/a, allies, seek tourist visas for the U.S. Public comment is urgent. public-inspection.federalregister.gov/2025-22461.pdf

public-inspection.federalregister.gov

Reposted by Steve Peers, Peter M. Shane, Gerald Friedman , and 1 more Steve Peers, Peter M. Shane, Gerald Friedman, David Darmofal

Jon Cooper @joncooper-us.bsky.social · 14d

👇👇👇👇

Peter M. Shane @petermshane.bsky.social · 16d

"It really doesn't make sense" to have Trump be president either, but there we are.

Adam Serwer @adamserwer.bsky.social · 16d

Like i said no one in the world plays the game like FIFA www.nytimes.com/athletic/686...

Is it ‘soccer’ or ‘football?’ President Trump wants to rename the NFL

The President said "it really doesn't make sense" to call American football by that name.

www.nytimes.com

Reposted by Peter M. Shane, Ann Bartow

Adam Serwer @adamserwer.bsky.social · 16d

Like i said no one in the world plays the game like FIFA www.nytimes.com/athletic/686...

Is it ‘soccer’ or ‘football?’ President Trump wants to rename the NFL

The President said "it really doesn't make sense" to call American football by that name.

www.nytimes.com

Peter M. Shane @petermshane.bsky.social · 17d

All the more nuts because, textually, Scalia is obviously wrong. Article II explicitly gives the Senate a share in executive appointment and treaty-making power. So the vesting clause cannot possibly encompass all executive power. There was much to be said at yesterday’s argument that just wasn’t.

Jamal Greene @jamalgreene.bsky.social · 18d

Sauer saying something is unconstitutional because it "would be unconstitutional under Justice Scalia's dissent" is a remarkably cogent statement of the Roberts Court's approach to precedent.

Peter M. Shane @petermshane.bsky.social · 18d

2/2 assigned to the non-independent DoT. Tasks for the independent ICC were moved to an independent Surface Transportation Board. The Social Security Administration was moved out of HHS and made independent, until effectively overruled by Seila Law. Trickles ran both ways, not affecting the cabinet.

Peter M. Shane @petermshane.bsky.social · 18d

1/2 There is no stupider objection to upholding agency independence than it will open the floodgates to converting cabinet level departments to independent agencies. No such flood rose in the last 90 years! If we're looking for trickles, the functions of the independent Civil Aeronautics Board were

Peter M. Shane @petermshane.bsky.social · 18d

No, Humphrey's Executor. Myers was 6-3.

Peter M. Shane @petermshane.bsky.social · 18d

Better than a unanimous, philosophically diverse court with some of the heaviest-weight Justices ever, and packaged in a “history” of the Founding that is willfully fictitious.

Deborah Pearlstein @debpearlstein.bsky.social · 18d

It is really, really hard to get your head around the raw hubris of the majority. They really will be destabilizing the operating structure of the entire U.S. government. Why? Because they believe they have a better idea about how the past century should've been done.

Reposted by Elizabeth Saunders, Peter M. Shane, David S. Cohen , and 4 more Elizabeth Saunders, Peter M. Shane, David S. Cohen, Alan Richardson, David R. Miller, Mark Rice, Andrew Rudalevige

Deborah Pearlstein @debpearlstein.bsky.social · 18d

Reposted by Peter M. Shane, Peter Jacobsen

Jamal Greene @jamalgreene.bsky.social · 18d

Sauer saying something is unconstitutional because it "would be unconstitutional under Justice Scalia's dissent" is a remarkably cogent statement of the Roberts Court's approach to precedent.

Peter M. Shane @petermshane.bsky.social · 20d

And, not for nothing, being anti-racist is good.

Peter M. Shane @petermshane.bsky.social · 20d

The Internet just fed me this joke: A Jewish teen is at his uncle's funeral. As the rabbi is about to begin a eulogy, the teen walks up and asks, "Rabbi, do you know the wi-fi password for the cemetery?" Aghast, the Rabbi shouts: "SHOW SOME RESPECT FOR THE DEAD!" The teen replies: "So, all caps?"

Peter M. Shane @petermshane.bsky.social · 21d

Can be both.

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