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
www.supremecourt.gov/DocketPDF/25...
www.supremecourt.gov/DocketPDF/25...
Those debates contradict the unitary theory of removal, and they also endorse the kinds of legal protections & process that Lisa Cook claims
Those debates contradict the unitary theory of removal, and they also endorse the kinds of legal protections & process that Lisa Cook claims
And also very post-revolutionary America! See Marbury v. Madison.
Thanks for reading!
And also very post-revolutionary America! See Marbury v. Madison.
Thanks for reading!
Have you heard of Marbury v. Madison?
CJ Marshall repeatedly described Marbury’s “vested” interest in his “irrevocable” nonremovable office - though it was a non–Article III office with a 5-year term:
Have you heard of Marbury v. Madison?
CJ Marshall repeatedly described Marbury’s “vested” interest in his “irrevocable” nonremovable office - though it was a non–Article III office with a 5-year term:
I've published several critiques, and another is forthcoming. Here is a concise summary from an amicus brief we filed this spring:
papers.ssrn.com/sol3/papers....
I've published several critiques, and another is forthcoming. Here is a concise summary from an amicus brief we filed this spring:
papers.ssrn.com/sol3/papers....
but apparently not the guy who threw a ham sandwich.
At least Trump's hack prosecutors can't.
but apparently not the guy who threw a ham sandwich.
At least Trump's hack prosecutors can't.
I called it “authoritarian fan fiction” that "flouted the Constitution."
“This is a fundamentally ignorant commentary on our form of government.”
www.wsj.com/politics/pol...
I called it “authoritarian fan fiction” that "flouted the Constitution."
“This is a fundamentally ignorant commentary on our form of government.”
www.wsj.com/politics/pol...
Presidential Supremacy.
And Chief Justice Roberts has enabled this extreme executive power in Free Enterprise, Seila Law, DVD, & Wilcox.
www.nytimes.com/live/2025/08...
Presidential Supremacy.
And Chief Justice Roberts has enabled this extreme executive power in Free Enterprise, Seila Law, DVD, & Wilcox.
www.nytimes.com/live/2025/08...
Bottom line: He cannot.
Neither the Constitution nor any congressional statute gives the president such an executive power.
He followed up with this whopper, extreme even for Trump's past views of presidential power:
Bottom line: He cannot.
Neither the Constitution nor any congressional statute gives the president such an executive power.
He followed up with this whopper, extreme even for Trump's past views of presidential power:
"...and in both cases, the father is neither a citizen nor a lawful
permanent resident. So there might be issues of typicality. Adequacy of representation might very well be an issue. So there would have to be that rigorous application of those criteria."
"...and in both cases, the father is neither a citizen nor a lawful
permanent resident. So there might be issues of typicality. Adequacy of representation might very well be an issue. So there would have to be that rigorous application of those criteria."
SG SAUER: "There may be problems of commonality and typicality, for example.
For example, there's two different sets of groups that are affected by the Executive Order. There are those where the mothers are temporarily present and those where the mother
are illegally present..."
SG SAUER: "There may be problems of commonality and typicality, for example.
For example, there's two different sets of groups that are affected by the Executive Order. There are those where the mothers are temporarily present and those where the mother
are illegally present..."
The Roberts Court rules against national injunctions by saying Rule 23 class actions are the right process for the broad remedy.
But in oral argument, Trump's solicitor general previewed how they'd fight class action certification:
1/ Page 51:
The Roberts Court rules against national injunctions by saying Rule 23 class actions are the right process for the broad remedy.
But in oral argument, Trump's solicitor general previewed how they'd fight class action certification:
1/ Page 51:
"Setting aside" a statute does not strike me as that kind of remedy...
And Kavanaugh's metaphor "we can't hide in the tall grass" is kind of oblivious to this problem.
"Setting aside" a statute does not strike me as that kind of remedy...
And Kavanaugh's metaphor "we can't hide in the tall grass" is kind of oblivious to this problem.
Question #1 on Kavanaugh:
"This Court, not district cts or cts of appeals, will often still be the ultimate decisionmaker as to the interim legal status statutes & executive actions"
A new fact-based question just for SCOTUS?
Question #1 on Kavanaugh:
"This Court, not district cts or cts of appeals, will often still be the ultimate decisionmaker as to the interim legal status statutes & executive actions"
A new fact-based question just for SCOTUS?
"...all other Officers of the US, whose Appts are not herein otherwise provided for, & which shall be ESTABLISHED BY LAW: but the CONGRESS MAY BY LAW vest the Appointment of such inferior Officers, as they think proper"
"...all other Officers of the US, whose Appts are not herein otherwise provided for, & which shall be ESTABLISHED BY LAW: but the CONGRESS MAY BY LAW vest the Appointment of such inferior Officers, as they think proper"
And a Get Well Card, JT
☘️🍀
And a Get Well Card, JT
☘️🍀
That presidents were not like kings!
From my amicus in Wilcox:
papers.ssrn.com/sol3/papers....
That presidents were not like kings!
From my amicus in Wilcox:
papers.ssrn.com/sol3/papers....
Again, literally not a single source from Founders endorsing the royal model for the presidency.
This is stunningly sloppy.
Again, literally not a single source from Founders endorsing the royal model for the presidency.
This is stunningly sloppy.