Peter M. Shane
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petermshane.bsky.social
Peter M. Shane
@petermshane.bsky.social

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

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%
Pinned
“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

If you think it was a Dem victory to prevent a Trump evisceration of the Government Accountability Office, a reminder: The 15-year term of the current head of GAO, the Comptroller General, ends in December. Not holding my breath for any Trump-appointed successor to hold Trump to account.

Well, the agency is called ICE, no?

When Hakeem Jeffries was asked if Mamdani would be the face of the party, the competent answer would have been, "The Democratic Party has and will continue to have many 'faces.' Our vision for the future will be pluralist, accommodating different policy agendas in different parts of the country."
In competitive primaries around the U.S. next year, candidates will decide the Democratic Party’s direction on a host of policy issues, and ultimately whether it has a center-left or left-wing vision for the future.
Where Democrats Will Duel Next for the Party’s Future
In Michigan, Maine and many other states, primary candidates will decide the party’s direction on a host of policy issues, and ultimately whether it has a center-left or left-wing vision.
nyti.ms

Reposted by Peter M. Shane

In competitive primaries around the U.S. next year, candidates will decide the Democratic Party’s direction on a host of policy issues, and ultimately whether it has a center-left or left-wing vision for the future.
Where Democrats Will Duel Next for the Party’s Future
In Michigan, Maine and many other states, primary candidates will decide the party’s direction on a host of policy issues, and ultimately whether it has a center-left or left-wing vision.
nyti.ms

In @nytimes.com Letters to the Editot:

And thus shall “tosser” in American slang mean the opposite of what it means in British slang!

Love this!
Our gyro
Sandwich man leaving court

He suffers from Con Dementia.
If nothing else, the Trump administration is doing wonders to highlight the importance of jury trials.

“Sandwich Man let out his cry:
‘Lettuce stand up or tomato we die!”
THE BALLAD OF SANDWICH MAN

This is the taLE of Sandwich Man,
Whose aim was straight and true,
Who fought for his home with deli meats
As any man should do.

Border Patrolman Lairmore
Wore armor thick snd strong
When he felt the sting of a whole wheat roll
He shouted, “This is wrong!!

Reposted by Peter M. Shane

THE BALLAD OF SANDWICH MAN

This is the taLE of Sandwich Man,
Whose aim was straight and true,
Who fought for his home with deli meats
As any man should do.

Border Patrolman Lairmore
Wore armor thick snd strong
When he felt the sting of a whole wheat roll
He shouted, “This is wrong!!

Reposted by Peter M. Shane

If nothing else, the Trump administration is doing wonders to highlight the importance of jury trials.

Reposted by Peter M. Shane

Our gyro
Sandwich man leaving court

Nope, it was Workday. Or maybe Frederick Taylor and the Gilbreths.
It was me. I ruined the workplace.
Did Men With No Rizz Ruin the Workplace?

Reposted by Peter M. Shane

It was me. I ruined the workplace.
Did Men With No Rizz Ruin the Workplace?

Brookings has posted a paper by Bob Litan and me on tomorrow's SCOTUS tariff cases. We think challengers have the better case, long-term economic implications are limited, but that these will be important developments in shaping the trajectory of executive power. www.brookings.edu/articles/leg...
Legal and economic aspects of the Supreme Court’s upcoming tariff decisions | Brookings
Peter Shane and Robert Litan explain the legal context of the International Economic Emergency Powers Act ahead of Supreme Court hearings.
www.brookings.edu

The odds Trump knows the difference between Niger and Nigeria are . . .A kidnapping in Niger tests Trump promise to bring all Americans home www.washingtonpost.com/world/2025/1...
A kidnapping in Niger tests Trump promise to bring all Americans home
Kevin Rideout, a Christian missionary in Niger, was taken from outside his house in Niamey last month. U.S. officials are scrambling to track him down.
www.washingtonpost.com

Is there no way akin to how the Senate blocks unanimous consent to keep the House from adjourning before the new Arizona Member is sworn in? @joshchafetz.bsky.social

Tip to the Senate: You have Art. I, Section 5 authority to object to any further extension of the House’s recess and get them back to D.C. Might be a good move!

Serious question: Is the bucket list "reading" or just "acquiring?" I have done far more of the latter than the former.

Yes.

Reposted by Scott L. Greer

This is probably the most important, yet widely ignored story on the prospects for Trump's ongoing evasion of Congress's appropriations powers. GAO's power to declare violations of the Impoundment Control Act may be weak accountability, but it offers at least some transparency. wapo.st/47vmBfM
One agency can push back on Trump — but probably not for long
President Donald Trump has used the federal shutdown to seize control of spending from Congress and mold much of the government to his liking. Now the lone agency with the power to push back on those ...
wapo.st

What if there were a political party with the imagination to create a huge billboard that showed, every day, “Republicans have closed the House of Representatives for X days so they don’t have to vote on the Epstein Files or protect your health insurance!”

This is the paper that thought Salvador Allende’s title was “Marxist President Allende.” They are beclowning themselves.
The #NYTimes is desperate to stop Zohran Mamdani. Here's its latest hit job.
So when can we expect the paper to expose Andrew Cuomo's college curriculum, which clearly "steeped" him in pro-billionaire "dogma?"
@fairmediawatch.bsky.social @petermshane.bsky.social

Reposted by Peter M. Shane

The #NYTimes is desperate to stop Zohran Mamdani. Here's its latest hit job.
So when can we expect the paper to expose Andrew Cuomo's college curriculum, which clearly "steeped" him in pro-billionaire "dogma?"
@fairmediawatch.bsky.social @petermshane.bsky.social

I believe that, some years ago, a magazine — Time? — ran a poll on whether voters approved or disapproved of a fictional piece of legislation. Sentiment was split. The experiment was redone regarding its repeal and, again, folks had preferences. Easily manipulated if told POTUS’s supposed position!
More broadly: Most voters just don't have particularly stable or strongly held views on most policy questions. They'll tell a pollster something or other, which will often change if you vary the question wording slightly, which creates the illusion of hard quantifiable data about voter preferences.
there's also a conversation to be had about how "popular" and "unpopular" are largely communications problems.
More broadly: Most voters just don't have particularly stable or strongly held views on most policy questions. They'll tell a pollster something or other, which will often change if you vary the question wording slightly, which creates the illusion of hard quantifiable data about voter preferences.
there's also a conversation to be had about how "popular" and "unpopular" are largely communications problems.
The limits of "popular vs. unpopular" framing are perfectly illustrated by the fact that, when these sorts of reports were being written 10 years ago, "raising taxes on the wealthy" and "a $15 minimum wage" were usually (and baselessly) placed in the "unpopular" camp.

Article I, Section 9

There’s a lot to what you say, but whatever might be done won’t be done if Congress does nothing to assert itself.

We’ve all but gone from John Roberts’s view of the President as a “one-person branch of government” to a “one-branch government.”

And Congress has passed no law appropriating the donated funds for the construction. Presidents can encourage voluntary contributions to the Treasury; they can’t unilaterally spend them on their chosen projects.