Jed H. Shugerman
@jedshug.bsky.social
Prof Boston U. Law. JD/PhD History & dad jokes.
5th most-cited legal historian, 2019-23
Book: The People’s Courts. Next: A Faithful President: The Founders v. the Originalists
http://shugerblog.com
http://ssrn.com/author=625422
5th most-cited legal historian, 2019-23
Book: The People’s Courts. Next: A Faithful President: The Founders v. the Originalists
http://shugerblog.com
http://ssrn.com/author=625422
Pinned
Jed H. Shugerman
@jedshug.bsky.social
· Sep 25
The Fed, Offices as Property, and the Meaning of "Cause"
The Federal Reserve Act states that "each member shall hold office for a term of fourteen years from the expiration of the term of his predecessor, unless
papers.ssrn.com
I filed an amicus brief in Trump v. Cook (the emergency appeal over the firing of Fed Governor Lisa Cook) with @democracyforward.org, who did amazing work editing & filing on a tight lightning docket schedule.
Special thanks to @janemanners.bsky.social
papers.ssrn.com/sol3/papers....
Special thanks to @janemanners.bsky.social
papers.ssrn.com/sol3/papers....
Reposted by Jed H. Shugerman
Great piece! I really liked section II.A, which gives a really helpful sense of how running the analysis through N&P might more helpfully structure these separation-of-powers inquiries.
A new paper from Gary Lawson & me:
"Presidential Removal as Article I, Not Article II"
Limits on congressional power to create independent agencies like the Fed & FTC don't come from Art II "Executive Power" absolutism.
See the Necessary and Proper Clause instead:
papers.ssrn.com/sol3/papers....
"Presidential Removal as Article I, Not Article II"
Limits on congressional power to create independent agencies like the Fed & FTC don't come from Art II "Executive Power" absolutism.
See the Necessary and Proper Clause instead:
papers.ssrn.com/sol3/papers....
Presidential Removal as Article I, Not Article II
As a matter of original public meaning, Article I's Necessary and Proper clause is the starting point for both Congress's power to create offices and the limits
papers.ssrn.com
November 12, 2025 at 3:16 PM
Great piece! I really liked section II.A, which gives a really helpful sense of how running the analysis through N&P might more helpfully structure these separation-of-powers inquiries.
Reposted by Jed H. Shugerman
bro instant must read
Lawson + Shugerman = 😱
Lawson + Shugerman = 😱
A new paper from Gary Lawson & me:
"Presidential Removal as Article I, Not Article II"
Limits on congressional power to create independent agencies like the Fed & FTC don't come from Art II "Executive Power" absolutism.
See the Necessary and Proper Clause instead:
papers.ssrn.com/sol3/papers....
"Presidential Removal as Article I, Not Article II"
Limits on congressional power to create independent agencies like the Fed & FTC don't come from Art II "Executive Power" absolutism.
See the Necessary and Proper Clause instead:
papers.ssrn.com/sol3/papers....
Presidential Removal as Article I, Not Article II
As a matter of original public meaning, Article I's Necessary and Proper clause is the starting point for both Congress's power to create offices and the limits
papers.ssrn.com
November 12, 2025 at 4:47 AM
bro instant must read
Lawson + Shugerman = 😱
Lawson + Shugerman = 😱
Reposted by Jed H. Shugerman
Well this one sounds good...
A new paper from Gary Lawson & me:
"Presidential Removal as Article I, Not Article II"
Limits on congressional power to create independent agencies like the Fed & FTC don't come from Art II "Executive Power" absolutism.
See the Necessary and Proper Clause instead:
papers.ssrn.com/sol3/papers....
"Presidential Removal as Article I, Not Article II"
Limits on congressional power to create independent agencies like the Fed & FTC don't come from Art II "Executive Power" absolutism.
See the Necessary and Proper Clause instead:
papers.ssrn.com/sol3/papers....
Presidential Removal as Article I, Not Article II
As a matter of original public meaning, Article I's Necessary and Proper clause is the starting point for both Congress's power to create offices and the limits
papers.ssrn.com
November 11, 2025 at 11:45 PM
Well this one sounds good...
A new paper from Gary Lawson & me:
"Presidential Removal as Article I, Not Article II"
Limits on congressional power to create independent agencies like the Fed & FTC don't come from Art II "Executive Power" absolutism.
See the Necessary and Proper Clause instead:
papers.ssrn.com/sol3/papers....
"Presidential Removal as Article I, Not Article II"
Limits on congressional power to create independent agencies like the Fed & FTC don't come from Art II "Executive Power" absolutism.
See the Necessary and Proper Clause instead:
papers.ssrn.com/sol3/papers....
Presidential Removal as Article I, Not Article II
As a matter of original public meaning, Article I's Necessary and Proper clause is the starting point for both Congress's power to create offices and the limits
papers.ssrn.com
November 11, 2025 at 9:53 PM
A new paper from Gary Lawson & me:
"Presidential Removal as Article I, Not Article II"
Limits on congressional power to create independent agencies like the Fed & FTC don't come from Art II "Executive Power" absolutism.
See the Necessary and Proper Clause instead:
papers.ssrn.com/sol3/papers....
"Presidential Removal as Article I, Not Article II"
Limits on congressional power to create independent agencies like the Fed & FTC don't come from Art II "Executive Power" absolutism.
See the Necessary and Proper Clause instead:
papers.ssrn.com/sol3/papers....
Who is watching the Blue Jays win it all with Mad Max vs Shohei GOAT-ani?
🇨🇦🍁⚾️💥
🇨🇦🍁⚾️💥
November 1, 2025 at 11:52 PM
Who is watching the Blue Jays win it all with Mad Max vs Shohei GOAT-ani?
🇨🇦🍁⚾️💥
🇨🇦🍁⚾️💥
Reposted by Jed H. Shugerman
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/...
@narosenblum.bsky.social
& many others not on here
dc.law.utah.edu/ulr/vol2025/...
Rejecting the Unitary Executive
Critics have dismissed originalism as an empty methodology. They claim it is incapable of resolving our most important constitutional disputes, including the debate over the unitary executive. While u...
dc.law.utah.edu
October 22, 2025 at 3:21 PM
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/...
@narosenblum.bsky.social
& many others not on here
dc.law.utah.edu/ulr/vol2025/...
Reposted by Jed H. Shugerman
Bombshell! - Caleb Nelson, one of the most respected originalist scholars in the country, comes out against the unitary executive interpretation of Article II democracyproject.org/posts/must-a...
September 29, 2025 at 8:57 PM
Bombshell! - Caleb Nelson, one of the most respected originalist scholars in the country, comes out against the unitary executive interpretation of Article II democracyproject.org/posts/must-a...
Reposted by Jed H. Shugerman
The same people who insisted devout Catholic Joe Biden was leading a “war on Christianity” are now cheering Trump on as his armed goons assault clergymen.
WATCH: Trump’s lawless Ice goons shoot an unarmed priest in the head with a pepper ball. Completely out of control.
October 8, 2025 at 12:04 PM
The same people who insisted devout Catholic Joe Biden was leading a “war on Christianity” are now cheering Trump on as his armed goons assault clergymen.
Reposted by Jed H. Shugerman
“Deportations like Sergio’s — to fixtures of the community — are making people think, ‘This could be me next, or my favorite place next, or somebody who I talk to every day’"
Make sure you read the report about how Stephen Miller deported Waco's favorite Mexican restaurant owner.
www.texastribune.org/2025/10/07/t...
www.texastribune.org/2025/10/07/t...
October 8, 2025 at 11:52 AM
“Deportations like Sergio’s — to fixtures of the community — are making people think, ‘This could be me next, or my favorite place next, or somebody who I talk to every day’"
Taylor Swift “Fate of Ophelia” intro seems to be a riff on The Police’s reggae riff “Wrapped Around Your Finger.”
Nice. I wonder if there is a Shakespeare layer yo that.
Sting as Hamlet?
open.spotify.com/track/400ZJA...
Nice. I wonder if there is a Shakespeare layer yo that.
Sting as Hamlet?
open.spotify.com/track/400ZJA...
Wrapped Around Your Finger - Remastered 2003
open.spotify.com
October 5, 2025 at 2:46 PM
Taylor Swift “Fate of Ophelia” intro seems to be a riff on The Police’s reggae riff “Wrapped Around Your Finger.”
Nice. I wonder if there is a Shakespeare layer yo that.
Sting as Hamlet?
open.spotify.com/track/400ZJA...
Nice. I wonder if there is a Shakespeare layer yo that.
Sting as Hamlet?
open.spotify.com/track/400ZJA...
Reposted by Jed H. Shugerman
"When a President invokes a statute to support action that does not align with—or runs directly contrary to—statutory purpose, that is evidence of an abuse of power."
- @jedshug.bsky.social
(We shouldn't need this reminder, but in these times...)
journals.law.harvard...
- @jedshug.bsky.social
(We shouldn't need this reminder, but in these times...)
journals.law.harvard...
October 4, 2025 at 8:03 PM
"When a President invokes a statute to support action that does not align with—or runs directly contrary to—statutory purpose, that is evidence of an abuse of power."
- @jedshug.bsky.social
(We shouldn't need this reminder, but in these times...)
journals.law.harvard...
- @jedshug.bsky.social
(We shouldn't need this reminder, but in these times...)
journals.law.harvard...
The MedBed of Trump:
Everyone magically fits, whether you’re too short or too tall.
Stop by our showroom — an ICE agent named Procrustes will make sure of it.
Everyone magically fits, whether you’re too short or too tall.
Stop by our showroom — an ICE agent named Procrustes will make sure of it.
Trump tonight appears to have pushed the false "medbed" conspiracy theory, which has spread in the far-right internet over the years. www.yahoo.com/news/qanon-c...
September 28, 2025 at 1:04 PM
The MedBed of Trump:
Everyone magically fits, whether you’re too short or too tall.
Stop by our showroom — an ICE agent named Procrustes will make sure of it.
Everyone magically fits, whether you’re too short or too tall.
Stop by our showroom — an ICE agent named Procrustes will make sure of it.
I filed an amicus brief in Trump v. Cook (the emergency appeal over the firing of Fed Governor Lisa Cook) with @democracyforward.org, who did amazing work editing & filing on a tight lightning docket schedule.
Special thanks to @janemanners.bsky.social
papers.ssrn.com/sol3/papers....
Special thanks to @janemanners.bsky.social
papers.ssrn.com/sol3/papers....
The Fed, Offices as Property, and the Meaning of "Cause"
The Federal Reserve Act states that "each member shall hold office for a term of fourteen years from the expiration of the term of his predecessor, unless
papers.ssrn.com
September 25, 2025 at 9:54 PM
I filed an amicus brief in Trump v. Cook (the emergency appeal over the firing of Fed Governor Lisa Cook) with @democracyforward.org, who did amazing work editing & filing on a tight lightning docket schedule.
Special thanks to @janemanners.bsky.social
papers.ssrn.com/sol3/papers....
Special thanks to @janemanners.bsky.social
papers.ssrn.com/sol3/papers....
Reposted by Jed H. Shugerman
Great piece and not just because of the @jedshug.bsky.social reference!
September 24, 2025 at 2:51 PM
Great piece and not just because of the @jedshug.bsky.social reference!
Reposted by Jed H. Shugerman
Trump has done more to establish a unitary executive than all the judges or legal scholars in the world could ever do.
And Trump has done more to discredit and expose the unitary executive theory as lawless authoritarianism than any judge or legal scholar could ever do.
And Trump has done more to discredit and expose the unitary executive theory as lawless authoritarianism than any judge or legal scholar could ever do.
September 19, 2025 at 5:12 PM
Trump has done more to establish a unitary executive than all the judges or legal scholars in the world could ever do.
And Trump has done more to discredit and expose the unitary executive theory as lawless authoritarianism than any judge or legal scholar could ever do.
And Trump has done more to discredit and expose the unitary executive theory as lawless authoritarianism than any judge or legal scholar could ever do.
Reposted by Jed H. Shugerman
There should be a 12-syllable German word for this basic phenomenon
Trump has done more to establish a unitary executive than all the judges or legal scholars in the world could ever do.
And Trump has done more to discredit and expose the unitary executive theory as lawless authoritarianism than any judge or legal scholar could ever do.
And Trump has done more to discredit and expose the unitary executive theory as lawless authoritarianism than any judge or legal scholar could ever do.
September 19, 2025 at 5:14 PM
There should be a 12-syllable German word for this basic phenomenon
Trump has done more to establish a unitary executive than all the judges or legal scholars in the world could ever do.
And Trump has done more to discredit and expose the unitary executive theory as lawless authoritarianism than any judge or legal scholar could ever do.
And Trump has done more to discredit and expose the unitary executive theory as lawless authoritarianism than any judge or legal scholar could ever do.
September 19, 2025 at 5:12 PM
Trump has done more to establish a unitary executive than all the judges or legal scholars in the world could ever do.
And Trump has done more to discredit and expose the unitary executive theory as lawless authoritarianism than any judge or legal scholar could ever do.
And Trump has done more to discredit and expose the unitary executive theory as lawless authoritarianism than any judge or legal scholar could ever do.
Reposted by Jed H. Shugerman
The DC Circuit rejected Trump's attempt to remove Lisa Cook from the Fed in a 2-1 vote.
A key question: Do officers with "for cause" protections have a property interest?
The majority says yes.
🧵 Here's originalist evidence supporting that conclusion. 1/
storage.courtlistener.com/recap/gov.us...
A key question: Do officers with "for cause" protections have a property interest?
The majority says yes.
🧵 Here's originalist evidence supporting that conclusion. 1/
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
September 16, 2025 at 3:25 AM
The DC Circuit rejected Trump's attempt to remove Lisa Cook from the Fed in a 2-1 vote.
A key question: Do officers with "for cause" protections have a property interest?
The majority says yes.
🧵 Here's originalist evidence supporting that conclusion. 1/
storage.courtlistener.com/recap/gov.us...
A key question: Do officers with "for cause" protections have a property interest?
The majority says yes.
🧵 Here's originalist evidence supporting that conclusion. 1/
storage.courtlistener.com/recap/gov.us...
The DC Circuit rejected Trump's attempt to remove Lisa Cook from the Fed in a 2-1 vote.
A key question: Do officers with "for cause" protections have a property interest?
The majority says yes.
🧵 Here's originalist evidence supporting that conclusion. 1/
storage.courtlistener.com/recap/gov.us...
A key question: Do officers with "for cause" protections have a property interest?
The majority says yes.
🧵 Here's originalist evidence supporting that conclusion. 1/
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
September 16, 2025 at 3:25 AM
The DC Circuit rejected Trump's attempt to remove Lisa Cook from the Fed in a 2-1 vote.
A key question: Do officers with "for cause" protections have a property interest?
The majority says yes.
🧵 Here's originalist evidence supporting that conclusion. 1/
storage.courtlistener.com/recap/gov.us...
A key question: Do officers with "for cause" protections have a property interest?
The majority says yes.
🧵 Here's originalist evidence supporting that conclusion. 1/
storage.courtlistener.com/recap/gov.us...
Reposted by Jed H. Shugerman
Q: but what if a full Epstein investigation also takes down Bill Clinton?????
A:
A:
it’s not even a sacrifice, it’s like a Free Gift With Purchase
September 9, 2025 at 1:20 AM
Q: but what if a full Epstein investigation also takes down Bill Clinton?????
A:
A:
Reposted by Jed H. Shugerman
Seriously, Brett/Donald? Seriously?
September 8, 2025 at 8:37 PM
Seriously, Brett/Donald? Seriously?
Turns out the guy with the tagline "You're fired" and the governing strategy of firing independent officials, civil servants, and anyone who is not personally loyal to him...
... may have a presidency defined by rising unemployment and widespread layoffs.
www.nytimes.com/live/2025/09...
... may have a presidency defined by rising unemployment and widespread layoffs.
www.nytimes.com/live/2025/09...
Live Updates: U.S. Labor Markets Stalled This Summer, With August Data Adding to Slowdown
www.nytimes.com
September 5, 2025 at 3:18 PM
Turns out the guy with the tagline "You're fired" and the governing strategy of firing independent officials, civil servants, and anyone who is not personally loyal to him...
... may have a presidency defined by rising unemployment and widespread layoffs.
www.nytimes.com/live/2025/09...
... may have a presidency defined by rising unemployment and widespread layoffs.
www.nytimes.com/live/2025/09...
Just gotta say the Taylor Swift combo of August and her cover of Earth Wind & Fire’s September nail the feeling of August and September every start of every school year.
Bittersweet.
open.spotify.com/track/5eGX87...
Bittersweet.
open.spotify.com/track/5eGX87...
September - Recorded at The Tracking Room Nashville
open.spotify.com
September 4, 2025 at 2:04 AM
Just gotta say the Taylor Swift combo of August and her cover of Earth Wind & Fire’s September nail the feeling of August and September every start of every school year.
Bittersweet.
open.spotify.com/track/5eGX87...
Bittersweet.
open.spotify.com/track/5eGX87...
I am delighted to be publishing
"An Originalist Case for Birthright Citizenship of Unlawful Immigrants' Children: Anti-Gypsy and Anti-Chinese Restrictions as Categorical Context"
in the UC Law Journal (formerly Hastings L. J.).
@uclawsf.bsky.social
papers.ssrn.com/sol3/papers....
"An Originalist Case for Birthright Citizenship of Unlawful Immigrants' Children: Anti-Gypsy and Anti-Chinese Restrictions as Categorical Context"
in the UC Law Journal (formerly Hastings L. J.).
@uclawsf.bsky.social
papers.ssrn.com/sol3/papers....
August 31, 2025 at 3:05 PM
I am delighted to be publishing
"An Originalist Case for Birthright Citizenship of Unlawful Immigrants' Children: Anti-Gypsy and Anti-Chinese Restrictions as Categorical Context"
in the UC Law Journal (formerly Hastings L. J.).
@uclawsf.bsky.social
papers.ssrn.com/sol3/papers....
"An Originalist Case for Birthright Citizenship of Unlawful Immigrants' Children: Anti-Gypsy and Anti-Chinese Restrictions as Categorical Context"
in the UC Law Journal (formerly Hastings L. J.).
@uclawsf.bsky.social
papers.ssrn.com/sol3/papers....
August slipped away into a moment in time
Because it was never mine…
Because it was never mine…
August 31, 2025 at 12:12 PM
August slipped away into a moment in time
Because it was never mine…
Because it was never mine…