Rejecting the Unitary Executive is out in the Utah Law Review! TY @blakeprof.bsky.social @thisyank.bsky.social @jgienapp.bsky.social @andreascoseriakatz.bsky.social @jdmortenson.bsky.social @jedshug.bsky.social
@narosenblum.bsky.social
& many others not on here

dc.law.utah.edu/ulr/vol2025/...

When your old, fence-jumping dog provides inspiration for the class discussion of Hoctor v. US Dept. Of Agriculture …

It’s a lucky day when you walk your dog and stumble upon an example of obsolete technology to share with your students in antitrust! (Microsoft, I will also be digging up palm pilot pictures this weekend.)

Congrats to @narosenblum.bsky.social, @andreascoseriakatz.bsky.social [email protected] for writing an absolutely vital article on why judges need to take that the early Founding Era wildly varying ideas of executive power.

Idk but it would be great if someone made pumpkin spice candy corn!

Please to share the final, citable version of my latest article, The Existential Challenge to the Administrative State, forthcoming in the Georgetown Law Journal. Written mostly before Trump's second term, the paper critiques and responds to the case law that has enabled the current conflagration.

One of the best parts of the day job is putting on document displays. Today, I got to show off this gorgeous 15th-century illuminated statute book [TNA E 164/10] #LegalRecords

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...

So glad you are okay! Take it easy.

Legal process’s executor

Thanks Pat!

Enjoyed appearing on We the People to discuss the Federal Reserve and Sinking Fund Commission! constitutioncenter.org/news-debate/...

BREAKING: Historian Jane Manners filed a brief in Boyle v. Trump, challenging President Trump’s dismissal of three members of the Consumer Product Safety Commission. 1/ bit.ly/4mKYlN8

Literally the perfect guest. @levmenand.bsky.social is not only a leading historian and theorist of US banking regulation, he rote THE article on the meaning on "for cause" removal.

I don't think so. This removal was for cause--pretextual cause, to be sure, but the Article II argument won't be joined. The broader problem is that he's willing to use pretext in a 1001 different settings to accomplish what would otherwise be unlawful--and everyone knows it, but won't stop it.

Tenure protections for officers executing laws in the Founding era included "good behavior" and "term of years" tenures. See Chabot, Is the Federal Reserve Constitutional? papers.ssrn.com/sol3/papers....
Manners & Menand, Three Permissions www.columbialawreview.org/content/the-...

The "for cause" tenure protection in 12 U.S.C.A. § 242 is a relatively weak form of statutory tenure protection. It is possible that Congress could further insulate Federal Reserve Governors by adopting a stronger form of tenure protection.

Even if President Trump were able to prove that cause for removal exists, his removal of Fed. Governor Cook would violate a longstanding norm of respecting the independence of the Federal Reserve.

The for-cause provision leaves open questions as to whether President Trump's allegations of cause are justified and grounded in fact or instead reflect arbitrary or improperly motivated animus.

Both the governing statute and the Supreme Court's decision recognize for-cause removal protections. These protections do not insulate an officer from removal in cases where cause exists.

In Trump v. Wilcox, the Supreme Court disagreed with an argument "that arguments in this case necessarily implicate
the constitutionality of for-cause removal protections for
members of the Federal Reserve's Board of Governors or
other members of the Federal Open Market Committee."

The federal statute governing Fed Governor Cook's tenure provides: "each member shall hold office for a term of fourteen years from the expiration of the term of his predecessor, unless sooner removed for cause by the President" 12 U.S.C.A. § 242

Weighing in with some important legal background on President Trump's firing of Lisa Cook:

I found a cool Shakespeare document, but why was it missing in the first place? www.nationalarchives.gov.uk/about/news/s... [1/4]