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Noah Rosenblum

@narosenblum.bsky.social

20K followers 1.6K following 930 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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Noah Rosenblum

@narosenblum.bsky.social

A beautiful day in Minneapolis — looking forward to chatting with the students in @jillhasday.bsky.social’s Public Law Workshop!!

November 17, 2025 at 3:15 PM

Noah Rosenblum

@narosenblum.bsky.social

This work builds on research by many others, including @beaubaumann.bsky.social and Emily Bremer. @nwdonahue.bsky.social and I are still at work on the law review version. In the meantime, you can read the brief at the link below! 3/3

www.supremecourt.gov/DocketPDF/25...

November 14, 2025 at 10:52 PM

Noah Rosenblum

@narosenblum.bsky.social

The main question is whether to overturn Humphrey’s Executor, a 1935 case that said statutes can limit presidential removal of “quasi legislative” and “quasi judicial” officers. Modern courts say those terms are made up, but they are not. In fact, they are deeply rooted in administrative law. 2/3

Drawing on recent research and scholarship, this brief challenges the premise that the reliance of Humphrey's Executor on the categories of quasi-legislative and quasi-judicial decision-making rendered that unanimous opinion erroneous and poorly reasoned.
Far from handwaving and
obfuscation, these terms were part of this country's law long before Humphrey's Executor. Rooted in distinctions drawn by the Founders, including James Madison in the First Congress, the taxonomy was developed throughout the nineteenth century at both the state and federal levels, and provided jurists with a coherent framework to address separation of powers issues. Numerous pre-Humphrey's Executor sources reveal that quasi-legislative agencies, as understood at the time, held the power to create binding rules and regulations, and quasi-judicial bodies adjudicated specific disputed. Because these functions were not purely executive, they called for a degree of independence from executive control.

By using the well-understood terms "quasi-legislative" and "quasi-judicial," Humphrey's Executor cannot be said to have been "egregiously wrong on the day it was decided." Dobbs, 597 U.S. at 268. Nor has it become "egregiously wrong" with the passage of time.
To the contrary, the "quasi" categories,
enshrined in the Administrative Procedure Act
("APA") as rulemaking and adjudication, continue to undergird modern administrative law.
The terms
similarly appear across twentieth century separation-of-powers jurisprudence.

November 14, 2025 at 10:52 PM

Noah Rosenblum

@narosenblum.bsky.social

It was such a privilege to work with @nwdonahue.bsky.social and the fantastic lawyers at Patterson Belknap on this amicus brief for the Slaughter case, about whether Trump can fire the commissioners of the FTC.

The brief recovers crucial history the Court and most lawyers have missed. 1/3

Cover page of brief of Rosenblum and Donahue in Slaughter

November 14, 2025 at 10:52 PM

Noah Rosenblum

@narosenblum.bsky.social

I don’t want to dunk on Blanche; I want to understand him. Is it just a matter of what we focus on? Ie: he can’t see past the Smith documents case and doesn’t think Ed Martin is a big deal?

Or is this not meant to be a truthful statement? He knows it’s misleading but it’s useful for him to say?

"When I read now that we're weaponizing, l feel like I'm being gaslit. Because we're doing exactly the opposite," Blanche said.

November 12, 2025 at 1:49 PM

Noah Rosenblum

@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

Noah Rosenblum

@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

Noah Rosenblum

@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

Noah Rosenblum

@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

Noah Rosenblum

@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

Noah Rosenblum

@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

Noah Rosenblum

@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

Noah Rosenblum

@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

Noah Rosenblum

@narosenblum.bsky.social

😢

October 8, 2025 at 3:23 PM

Noah Rosenblum

@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

Noah Rosenblum

@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

Noah Rosenblum

@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

Noah Rosenblum

@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.