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Jonathan Shaub
@jshaub.bsky.social
1.2K followers 370 following 22 posts
law prof, contributing editor @lawfaremedia.org... #twindad + 3 extras, expert youth soccer fan,

interested in presidential power, privilege, accountability, transparency, and vandy football

profile here https://law.uky.edu/people/jonathan-shaub
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jshaub.bsky.social
Jonathan Shaub @jshaub.bsky.social · Mar 19
Very excited that my article "White House Inspection," proposing a new approach to investigations of POTUS & the White House is now forthcoming in Wash U Law Review (& I didn't use autopen, so it's legit)

abstract, TOC, & SSRN link below & *comments welcomed!*
papers.ssrn.com/sol3/papers....
Attempting to hold the president and White House officials accountable necessarily presents a fundamental conundrum—how to balance essential characteristics such as independence and neutrality with electoral accountability and investigative enforcement authority. Since Watergate, our country has relied on two primary methods for White House investigation—either a criminal prosecutor with some independence or congressional investigation. These mechanisms, as well as past approaches, have largely proven inadequate and lately been the subject of extensive criticism. And these problems largely arise out of two overarching characteristics of all past accountability systems: (1) the power to investigate has always been combined with a power to sanction and (2) sufficient power to compel the production of relevant information has been provided only to a criminal prosecutor. This Article challenges the wisdom of these two characteristics and proposes a new paradigm for addressing accountability holistically. Crucially, this proposal would sever the pure investigatory function—what I call inspection—from any power to sanction and it would empower—for the first time—an independent entity that is not a criminal prosecutor with the authority to compel the production of information and protect its confidentiality. The proposal fits comfortably within the constitutional framework, even under a robust unitary executive view of Article II. And numerous past and existing accountability models, such as independent commissions, judicial misconduct panels, and inspectors general, further support the wisdom and constitutionality of such a proposal. A Table of Contents of the Article
Reposted by Jonathan Shaub
Oral argument today in Bowe v US presents one of the most profound constitutional questions: Just how much power does Article III's Exceptions Clause give Congress to strip SCOTUS of appellate jurisdiction? I offer some history and context in my latest column for @justiaverdict.bsky.social 👇
Will SCOTUS Decide What Its “Essential Functions” Are?
Cornell Law professor Michael C. Dorf discusses the U.S. Supreme Court case Bowe v. United States, which raises the question of whether limits on successive habeas petitions for state prisoners also a...
verdict.justia.com
October 14, 2025 at 11:49 AM
Reposted by Jonathan Shaub
lsolum.bsky.social
Please help me get the word out about the new websites for Legal Theory Blog and the Legal Theory Lexicon. Reposting here and on other social media sites is great. It would be especially helpful if law school faculty members could send an email to their colleagues with the new addresses.
Legal Theory Blog
Discover our latest articles and updates. Stay informed with recent posts that cover a variety of topics you care about!
legaltheoryblog.com
October 9, 2025 at 3:01 PM
Reposted by Jonathan Shaub
joshuaadouglas.bsky.social
High praise for UK Law Prof Jonathan David Shaub in a new JOTWELL review by Prof. Margaret Kwoka of his recent article: adlaw.jotwell.com/informationa... #UKLawProfResearch
Informational Accountability for the President - Administrative Law
Jonathan David Shaub, White House Inspection, 103 Wash. U. L. Rev. __ (forthcoming 2026) available at SSRN (Feb. 25, 2025).Margaret KwokaAllegations of illegality—sometimes quite serious in nature—are...
adlaw.jotwell.com
October 7, 2025 at 5:39 PM
Reposted by Jonathan Shaub
jotwell.bsky.social
Jotwell Adlaw:
Margaret Kwoka, Informational Accountability for the President, JOTWELL (October 7, 2025) (reviewing Jonathan David Shaub, White House Inspection, 103 Wash. U. L. Rev. __ (forthcoming 2026) available at SSRN (Feb. 25, 2025)), adlaw.jotwell.com/informationa....
Margaret Kwoka
October 7, 2025 at 3:25 PM
Reposted by Jonathan Shaub
lawfaremedia.org
On Lawfare Daily, @mollyereynolds.bsky.social, Zach Price, and Philip Wallach discuss pocket rescissions as an approach to cancelling funds previously approved by Congress.

www.lawfaremedia.org/article/lawf...
September 2, 2025 at 7:03 PM
Reposted by Jonathan Shaub
joshuaadouglas.bsky.social
UK Law Prof @jshaub.bsky.social was quoted recently in both the Washington Post and Bloomberg on Trump's powers and congressional investigations. #UKLawProfResearch

www.washingtonpost.com/politics/202...

www.bloomberg.com/news/article...
Biden aides look to Fifth Amendment as autopen probe widens
As the GOP probe into Biden’s mental acuity and use of an autopen expands, a growing number of his top aides are being swept up in a thorny legal predicament.
www.washingtonpost.com
July 18, 2025 at 8:35 PM
jshaub.bsky.social
Quotes from me, @jedshug.bsky.social and others in this Bloomberg piece...

www.bloomberg.com/news/article...
What Happens If Trump Fires Fed Chair Jerome Powell?
Donald Trump’s relentless pressure on Jerome Powell is once again roiling markets and raising questions about what would happen next if the president fired the embattled Federal Reserve chair.
www.bloomberg.com
July 17, 2025 at 8:43 PM
Reposted by Jonathan Shaub
shalevroisman.bsky.social
I just published a blog post on the terrific Yale JREG Blog that draws an interesting--and potentially important--connection between Congress's power to "appropriate" and the three "Vesting" clauses in the Constitution.

www.yalejreg.com/nc/vesting-v...
“Vesting” v. “Appropriating” in the Constitution, by Shalev Gad Roisman - Yale Journal on Regulation
This blog post draws an unlikely—but potentially quite important—connection between Congress’s power to “appropriate” and the three “vesting” clauses of the Constitution. It is an axiom of separation ...
www.yalejreg.com
July 2, 2025 at 3:48 PM
Reposted by Jonathan Shaub
annabower.bsky.social
Good time to read (or re-read) my colleague @sranderson.bsky.social’s piece for @lawfaremedia.org:

www.lawfaremedia.org/article/the-...
Armed Conflict Foreign Relations & International Law The Law of Going to War With Iran Scott R. Anderson Friday, June 20, 2025, 1:45 PM Share On: f X in $ d B Right or wrong, the executive branch likely thinks Trump has the legal authority to do it-at least until Congress or the courts say otherwise.
June 22, 2025 at 2:15 AM
Reposted by Jonathan Shaub
beaubaumann.bsky.social
/1 Just realized that my latest article with @yalelawjournal.bsky.social just dropped! This is obviously a huge honor. I really appreciate the editors taking a chance on a young, no-name scholar with an idiosyncratic story to tell.

www.yalelawjournal.org/article/resu...
Resurrecting the Trinity of Legislative Constitutionalism
From 1919 to 1969, the Offices of the Legislative Counsel in the Senate and House drafted precedential opinions to advise lawmakers on constitutional and subconstitutional questions. This Article lift...
www.yalelawjournal.org
June 2, 2025 at 7:20 PM
jshaub.bsky.social
Extremely proud to be part of this amicus brief filed today to support @citizensforethics.org & transparency into DOGE. Outstanding work on the brief by @campaignlegal.org & incredible amici @ckoningisor.bsky.social, @heidikitrosser.bsky.social, Margaret Kwoka, @gshans.bsky.social, & Rebecca Wexler
www.supremecourt.gov
May 23, 2025 at 6:30 PM
Reposted by Jonathan Shaub
gshans.bsky.social
Grateful to the attorneys at Campaign Legal Center (@campaignlegal.org) for their amazing work on this amicus which was just filed at SCOTUS re: DOGE and FOIA, and to @jshaub.bsky.social for convening and leading the charge. www.supremecourt.gov/DocketPDF/24...
www.supremecourt.gov
May 23, 2025 at 4:10 PM
jshaub.bsky.social
looks fascinating... can't wait to read it!
heidikitrosser.bsky.social Heidi Kitrosser @heidikitrosser.bsky.social · May 19
I've been about 3 years behind in posting papers to SSRN but I just posted a new one, forthcoming soon in @usclaw.bsky.social 's Southern California Law Review. It's called "In the Name of Accountability." Here's a link & I'll thread the abstract text below. 1/2 papers.ssrn.com/sol3/papers....
IN THE NAME OF ACCOUNTABILITY
The Supreme Court has increasingly embraced legal doctrines that empower elected officials to hide politically inconvenient information and ideas from the Ameri
papers.ssrn.com
May 19, 2025 at 6:40 PM
Reposted by Jonathan Shaub
ronaldjcoleman.bsky.social
Had a great time visiting @universityofky.bsky.social for the UK Law 2025 Developing Ideas Conference. Thanks to @joshuaadouglas.bsky.social and everyone at UK who helped out!
Picture of a University of Kentucky library building with grass and trees in front and dark clouds above
May 13, 2025 at 9:49 PM
jshaub.bsky.social
Seconded!
ericcolumbus.bsky.social Eric Columbus @ericcolumbus.bsky.social · Apr 15
I’ve written and podcasted for Lawfare because I’m honored to be part of their incisive and thoughtful reporting and analysis. If you can support Lawfare, it’s a worthy cause! (Despite Anna’s “material support” pun.)
annabower.bsky.social Anna Bower @annabower.bsky.social · Apr 15
By the way, if you appreciate the reporting we've been doing on the litigation against the Trump administration, I hope you'll consider supporting our non-profit newsroom: givebutter.com/journalism/a...

And many thanks to those who are already material supporters. We couldn't do it without you.
April 15, 2025 at 7:46 PM
Reposted by Jonathan Shaub
shalevroisman.bsky.social
I have an essay out in the @HarvLRev blog on "President Trump in the Era of Exclusive Powers."

The basic claim is that we can understand Trump 2.0 as an exercise in taking the Supreme Court's recent separation of powers jurisprudence at its word.

harvardlawreview.org/blog/2025/04...
President Trump in the Era of Exclusive Powers - Harvard Law Review
The defining doctrinal innovation of the second Trump administration has been to take the Supreme Court at its word. In recent years, the Court...
harvardlawreview.org
April 14, 2025 at 3:27 PM
Reposted by Jonathan Shaub
bridgetdooling.bsky.social
Excited to share my latest manuscript, Ghostwriting the Government, on SSRN (comments welcome!): papers.ssrn.com/sol3/papers....

A 🧵:
Ghostwriting the Government
<p><span>Ghostwriting is when a writer prepares materials to be issued under someone else’s name. It is very common and sometimes unseemly, but why? Ghostwritin
papers.ssrn.com
April 1, 2025 at 6:38 PM
Reposted by Jonathan Shaub
maybell.bsky.social
@brianlfrye.bsky.social wrote a short and great essay about FASORP’s hypocrisy in keeping themselves hidden in connection to their suit against Northwestern Law. Read it here! papers.ssrn.com/sol3/papers....
Dark Orgs
In July 2024, a Texas unincorporated nonprofit organization called “Faculty, Alumni, and Students Opposed to Racial Preferences” or FASORP sued Northwestern Uni
papers.ssrn.com
April 1, 2025 at 2:14 AM
Reposted by Jonathan Shaub
qjurecic.bsky.social
we @lawfare.bsky.social ran an article by amanda tyler earlier this week explaining the complexities of habeas relief here. tl;dr there may be real limits to the usefulness of habeas in getting abrego garcia out of this prison. www.lawfaremedia.org/article/juri...
nickmiroff.bsky.social Nick Miroff @nickmiroff.bsky.social · Apr 1
BREAKING: Trump admin says it mistakenly deported a Maryland father who had *withholding of removal* back to El Salvador on March 15. Govt told court Monday it won't bring Kilmar Abrego Garcia back. "What.The.Fuck..." one govt attorney told me. www.theatlantic.com/politics/arc... @theatlantic.com
An ‘Administrative Error’ Sends a Maryland Father to a Salvadoran Prison
The Trump administration says it mistakenly deported an immigrant with protected status but that courts are powerless to order his return.
www.theatlantic.com
April 1, 2025 at 2:38 AM
Reposted by Jonathan Shaub
annabower.bsky.social
“The power of the district court to reach habeas petitioners, even overseas, turns on whether the court has the power to reach their custodian…Can U.S. government officials still be deemed to have constructive custody of the individuals removed under the AEA..?”

www.lawfaremedia.org/article/juri...
Screenshot of lawfaremedia.org article Title: “Jurisdiction and Remedy in J.G.G. v. Trump” By: Amanda L. Tyler “There is ample support for the D.C. Circuit's jurisdiction in the case. But can it order the return of individuals no longer in the country?”
March 30, 2025 at 4:00 PM
jshaub.bsky.social
on these kinds of questions, my rule is pretty simple... always read Pfander
gowder.io Paul Gowder @gowder.io · Mar 20
My colleague Jim Pfander, who knows more than the next 10 people combined about remedies against the federal government, has a guest post on volokh about the fight over the order to pay withheld foreign aid funds. Featuring an 1838 case saying there's no dispensing power!

reason.com/volokh/2025/...
The Supreme Court, in Kendall v. United States ex rel. Stokes (1838), upheld a writ of mandamus directing the postmaster of the United States to pay for services rendered by government contractors. The lower court had found, essentially without dispute, that Congress had approved the payments and the postmaster had acted unlawfully in refusing to pay the funds. The Kendall Court agreed that, on such a record, the writ of mandamus should issue to compel payment. As the Court explained, the duty to pay was strictly ministerial; an order to that effect did not threaten the principle stated in Marbury v. Madison (1803) that executive branch discretion was free from judicial control. Such an order restores the status quo—payment in accordance with duly enacted law—and is an uncontroversial remedy for an unlawful executive payment suspension. Given that Congress had approved the payment, sovereign immunity did not enter into the analysis. In reaching that conclusion, the Kendall Court also addressed the claim that the executive enjoys a power to stop the payment of appropriated funds: This doctrine cannot receive the sanction of this Court. It would be vesting in the President a dispensing power which has no countenance for its support in any part of the Constitution, and is asserting a principle which, if carried out in its results to all cases falling within it, would be clothing the President with a power to control the legislation of Congress and paralyze the administration of justice. To contend that the obligations imposed on the President to see the laws faithfully executed implies a power to forbid their execution is a novel construction of the Constitution, and is entirely inadmissible. Kendall thus holds that federal courts may assess the legality of an executive refusal to pay appropriated funds and enforce a ministerial duty to make such payments.
March 30, 2025 at 2:29 PM
Reposted by Jonathan Shaub
profsteed.bsky.social
For anyone in the region who is interested:
Flier provides info about upcoming Developing Ideas Conference in May at the University of Kentucky Law School
March 17, 2025 at 4:14 PM
Reposted by Jonathan Shaub
kirtidatla.bsky.social
In re: absolutely nothing going on in the world: The SLA team at Earthjustice is looking for an early-career attorney to join us as an Associate Counsel. DC preferred. 1-5 years of experience including any clerkships. Salary is based on experience; range is $106,400-$125,300 in DC.
Associate Counsel, Strategic Legal Advocacy
Earthjustice is looking for an early-career attorney to join the Strategic Legal Advocacy team as an Associate Counsel.
earthjustice.org
March 21, 2025 at 5:36 PM
jshaub.bsky.social
Very excited that my article "White House Inspection," proposing a new approach to investigations of POTUS & the White House is now forthcoming in Wash U Law Review (& I didn't use autopen, so it's legit)

abstract, TOC, & SSRN link below & *comments welcomed!*
papers.ssrn.com/sol3/papers....
Attempting to hold the president and White House officials accountable necessarily presents a fundamental conundrum—how to balance essential characteristics such as independence and neutrality with electoral accountability and investigative enforcement authority. Since Watergate, our country has relied on two primary methods for White House investigation—either a criminal prosecutor with some independence or congressional investigation. These mechanisms, as well as past approaches, have largely proven inadequate and lately been the subject of extensive criticism. And these problems largely arise out of two overarching characteristics of all past accountability systems: (1) the power to investigate has always been combined with a power to sanction and (2) sufficient power to compel the production of relevant information has been provided only to a criminal prosecutor. This Article challenges the wisdom of these two characteristics and proposes a new paradigm for addressing accountability holistically. Crucially, this proposal would sever the pure investigatory function—what I call inspection—from any power to sanction and it would empower—for the first time—an independent entity that is not a criminal prosecutor with the authority to compel the production of information and protect its confidentiality. The proposal fits comfortably within the constitutional framework, even under a robust unitary executive view of Article II. And numerous past and existing accountability models, such as independent commissions, judicial misconduct panels, and inspectors general, further support the wisdom and constitutionality of such a proposal. A Table of Contents of the Article
March 19, 2025 at 4:52 PM
Reposted by Jonathan Shaub
annabower.bsky.social
Our incredible editorial team (@annahickey.bsky.social et al.) have been diligently tracking the lawsuits brought against the Trump administration.

The @lawfare.bsky.social litigation tracker now includes 125 cases and counting.

🫡 🫡 🫡

www.lawfaremedia.org/projects-ser...
Screenshot of Lawfare Trump litigation tracker, available at https://www.lawfaremedia.org/projects-series/trumps-first-100-days/tracking-trump-administration-litigation The post says that Lawfare is now tracking 125 cases
March 19, 2025 at 1:09 AM