Noah Rosenblum
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narosenblum.bsky.social
Noah Rosenblum
@narosenblum.bsky.social
20K followers 1.6K following 920 posts
Associate Professor @NYULaw (but views are not my employer’s) | Legal History, Administrative State, New York State Courts | “agenda-driven naysayer whose head instantiates academic ethers”
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narosenblum.bsky.social
Trump Officials to Cut Flights at 40 Major Airports if Shutdown Continues The plan, which officials said was intended to help air traffic controllers, could force the cancollation of thousande of flichta
November 6, 2025 at 1:52 PM
narosenblum.bsky.social
@mta.info I like your cute sign but I would like it more if the B train came when it said it was supposed to
October 31, 2025 at 8:35 PM
narosenblum.bsky.social
Always love reading @samuelmoyn.bsky.social! This, from his new oped, seems to me exactly right.

Sam calls for reinvigorating Congress, which I agree with. But we need to reform Congress too; — it has its own significant pathologies. Link to article below.
The excesses of Mr. Trump's second term force his opponents to adopt an experimental attitude toward government design that reinvents rather than restores our institutions. It is a reminder of the progressive movement, which in the late 19th and early 20th centuries featured a similar attitude about Americans' relationship to the federal government. But the efforts by Mr. Trump also require reckoning with the mistakes of the progressive era and its aftermath.
October 31, 2025 at 1:57 PM
narosenblum.bsky.social
…
Emboldened by the lapse in government funding and employee furloughs, some visitors are brazenly betting that they won't get caught for breaking the law.
October 21, 2025 at 9:40 PM
narosenblum.bsky.social
Now with a real jpg!! 🗃️
Poster for October 30 event on John Witt’s book at NYU Law
October 20, 2025 at 4:53 PM
narosenblum.bsky.social
Excited to announce the first event of our New York Area Legal History Consortium — @johnfabianwitt.bsky.social in conversation on his new book, The Radical Fund! October 30 at NYU Law — register here:

docs.google.com/forms/d/e/1F...
Poster advertising John Witt book event.
October 18, 2025 at 12:27 PM
narosenblum.bsky.social
Asked the internet whether Katy Perry or Justin Trudeau is hotter and got this answer from the Google AI and now I am red-pilled this woke bullshit has gone too far
Al Overview Evaluating and ranking people on physical attractiveness is highly subjective and inappropriate. What one person finds attractive, another may not. Physical beauty is also not a measure of a person's worth or character. For Katy Perry and Justin Trudeau, recent news has reported on their personal relationship, with sources indicating that they find each other attractive. Objectifying people and comparing them based on their looks is harmful and can be linked to negative social consequences, such as insecurity and reduced self-esteem.
October 12, 2025 at 2:44 AM
narosenblum.bsky.social
Give this man the leadership of the Democratic Party

www.wweek.com/culture/2025...
What they rely on is fear. So by coming out in an absurdist manner, it speaks to them, to some extent, that we're actually not that afraid. It also dismantles their narrative a little bit. When they try to describe this situation as “war-torn," it becomes much harder to take them seriously when they have to post a video saying [U.S. Secretary of Homeland Security] Kristi Noem is up on the balcony staring over the Antifa Army and it's, like, eight journalists and five protesters and one of them is in a chicken suit.
October 10, 2025 at 2:33 AM
narosenblum.bsky.social
😢
October 8, 2025 at 3:23 PM
narosenblum.bsky.social
I know I know everything is terrible, why focus on any one example. But this statement is both mendacious and designed to chill. A prosecutor reminding ICE to follow the law does not show bias. And ICE does not always follow the law.

This is bullshit. It should have no place in government.
In a statement, Mr. Bovino said, "The former Acting US Attorney's email suggesting that the United States Border Patrol does not ALWAYS abide by the Constitution revealed a bias against law enforcement."
October 1, 2025 at 6:21 PM
narosenblum.bsky.social
The brilliant Tim Shenk with one of the cleanest reads on the future of Democratic Party politics in today’s @nytimes.com; gift link below:

www.nytimes.com/2025/09/29/o...
It's a simple recipe, really: a scorching economic message delivered by political outsiders standing up to the powerful. The villains in this narrative — and it's essential to have villains — are the elites at the top of a broken system. Neither Mr. Mamdani nor Mr. Osborn dwelled on cultural issues; instead, they concentrated on subjects like increasing wages and affording a home. Although their signature positions have strong public backing, their platforms are more than just a grab bag of whatever does best in the polls. They tell a story that reframes the debate, enlisting voters in a battle between the many and the few, with stakes that reach into everyday life.
September 29, 2025 at 12:11 PM
narosenblum.bsky.social
Flattered and humbled to learn this. (The trick, as ever, is to have wonderful coauthors like Ash Ahmed and @levmenand.bsky.social!!)
Dear Colleagues; On behalf of the ABA Administrative Law Section's Annual Scholarship Award Committee, I am happy to announce the winner of the 2024 ABA Administrative Law Section Annula Scholarship Award. Professors Ashraf Ahmed, Lev Menand, and Noah Rosenblum's article, The Making of Presidential Administration, 137 Harv. L. Rev. 2131 (2024), was selected for the Section's 2025 Annual Scholarship Award, recognizing the best work published in administrative law during 2024.
September 26, 2025 at 6:08 PM
narosenblum.bsky.social
Last year, Prakash and Bamzai replied to our response. In their new piece, they seem to us to have walked back some of their claims and modified others. They make some new claims too, which we take on in this new article.
Text of footnote 14 (too long for alt text)
September 23, 2025 at 12:48 PM
narosenblum.bsky.social
Just in time for the grant in Slaughter, my latest with @andreascoseriakatz.bsky.social and @janemanners.bsky.social out in the @umichlaw.bsky.social Journal of Law Reform!

repository.law.umich.edu/cgi/viewcont...
DISAGREEMENT AND HISTORICAL ARGUMENT OR HOW NOT TO THINK ABOUT REMOVAL Andrea Scoseria Katz, Noah A. Rosenblum, and Jane Manners ABSTRACT Scholars have debated the reach of the President's power to remove government officers for over one hundred years. This old fight is now suddenly urgent as President Trump asserts far-reaching powers to control the federal bureaucracy and the Supreme Court transforms Unitary Executive Theory into caselaw. Yet the scholarly case for an indefeasible presidential removal power has never been weaker. This Essay continues an ongoing conversation about how to read some critical early republic evidence about removal. It briefly recapitulates the stakes of the disagreement before offering in-depth analyses of developments in Pennsylvania removal practice, including a reading of the Council of Censors' Report from 1784. Along the way, it responds to some recent criticisms of our work by Professors Saikrishna Prakash and Aditya Bamzai. The Essay makes two overarching arguments: First, there was no consensus in the early republic that the executive power included an indefeasible power of removal. Second, legal historians must take dissensus seriously. Historical disagreement is a fact that lawyers wishing to make legal meaning out of history need to confront. In this case, it straightforwardly undermines the notion there was a shared understanding in the early republic that the executive power included an indefeasible power of removal.
September 23, 2025 at 12:48 PM
narosenblum.bsky.social
Ms. Ocasio-Cortez is considering a run for either the Senate or the presidency in 2028.
September 22, 2025 at 11:59 PM
narosenblum.bsky.social
Never change @nytimes.com
Headline describing Mamdani as holding “anti-police positions” in 2022.
September 22, 2025 at 2:09 PM
narosenblum.bsky.social
I don’t know who at the MTA is picking these, but this one is pretty fantastic
Firmament of Glass, by Vievee Francis Morning, the glistening grass draws me into the day, as if new meant separate from the day before and I, having that human part that can be transfixed by bauble or blade, limp out again, a believer, into memory's emerald glint.
August 25, 2025 at 4:57 PM
narosenblum.bsky.social
Bluesky has the juice!!!
Notification that I’ve been followed by 3 new people Profile of follower 1 — generic bot Profile of follower 2 — generic bot Profile of follower 3 — generic bot
August 22, 2025 at 3:37 PM
narosenblum.bsky.social
🔥
This critique isn't about ideology. It's about winning.
August 13, 2025 at 8:55 PM
narosenblum.bsky.social
Nothing like an off-print to make it feel real!!
Off-print of History and Fetishism in the New Separation of Powers Formalism, published in the University of Pennsylvania Law Review
August 12, 2025 at 9:44 PM
narosenblum.bsky.social
The Court’s approach is highly rigid and categorical, which it justifies by appeal to the Founding. But new scholarship shows that Founding Era separation of powers law was neither rigid nor categorical; it was highly functional, aiming at a “complete government” that secured liberty. (2/3)
Importantly, in this scheme, separation of powers did not operate as a shibboleth; it was always functional.19 Separation of powers accomplished specific goals, and its ultimate goal was the creation of a complete government. But in fulfilling that goal, separating powers helped secure liberty. Keeping those goals in mind helps make sense of the flexibility of separation of powers in the early republic. In some cases, creating a complete government while securing liberty might require a firm division of powers, but in other cases not. The guiding question would be what arrangement would best advance the twin goals of completeness and security. Within this worldview, maintaining a formalistic separation of powers for its own sake would have seemed a foolish rigidity.
August 9, 2025 at 9:33 PM
narosenblum.bsky.social
Delighted to share my latest, History and Fetishism in the New Separation of Powers Formalism, now live in the Penn Law Review!

The piece traces the emergence of the Supreme Court’s new approach to separation of powers law and argues that it is grounded in a set of basic mistakes. (1/3)
In the last few years, the Supreme Court has embraced a formalist approach to separation of powers law, allegedly justified by the Constitution's "original meaning." It is revolutionary, rapidly remaking the constitutional law of administration. But the Court's engagement with history is selective and idiosyncratic. In particular, it has largely ignored what we know of governmental practice in the early republic. This Essay attacks the Court's use of history. It uses Jack Balkin's analysis of legal discourse in Memory and Authority to unpack the Court's reliance on historical arguments and to suggest avenues for critique. It draws on recent scholarship on Founding Era practice to show that eighteenth-century understandings of separation of powers were not formalist. And it argues for the restoration of Montesquieu to our constitutional memory. A key figure in the development of the Constitution, Montesquieu's understanding of separation of powers closely tracked early republic practice. He thus points the way towards an alternative interpretation of our constitutional tradition and a more pragmatic and historically accurate structural constitutionalism in place of the Court's growing formalist fetish.
August 9, 2025 at 9:33 PM
narosenblum.bsky.social
Such a deliciously devastating review; the headline is completely misleading. Thank you Justin. Gift link below.
In short, Williams's analysis lacks proportion. He does not seem to grasp that the left's illiberalism occupies a marginal position in mainstream Democratic politics and the right's illiberalism possesses a stranglehold on the Republican Party. Today, many Americans justifiably fear rising authoritarianism and worry that the nation might not withstand sustained attacks on our core democratic institutions. But Williams manages to contort himself into asserting that the American left somehow poses significant threats along both these dimensions.
August 4, 2025 at 2:23 PM
narosenblum.bsky.social
What on earth is going on at the @nytimes.com?
Lashing Out Over Russia and Jobs Data, Trump Displays His Volatile Side President Trump had been on a winning streak. But when faced with facts and foes that wouldn't bend to his will, he responded with disproportionate intensity.
August 2, 2025 at 11:12 PM
narosenblum.bsky.social
But who were the judges on the panel @nytimes.com? Were they famously liberal judges????

www.nytimes.com/2025/08/01/u...
But a three-judge panel of the United States Court of Appeals for the Ninth Circuit, a famously liberal jurisdiction, ruled in Mr. Trump's favor, writing that "the government has shown that the president would have taken the same action even in the absence" of the union lawsuits. Even if some of the White House's statements "reflect a degree of retaliatory animus," they wrote, those statements, taken as a whole, also demonstrate "the president's focus on national security."
August 2, 2025 at 2:33 AM