Noah Rosenblum
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narosenblum.bsky.social
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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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...
Table of contents of the brief
November 14, 2025 at 10:52 PM
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
Reposted by Noah Rosenblum
brennancenter.org
In the brief, Jane Manners argues that the history is clear: presidents don’t have unfettered authority to remove independent agency officials, such as FTC Commissioner Slaughter. Read: bit.ly/4nSvm9B
bit.ly
November 14, 2025 at 8:39 PM
Reposted by Noah Rosenblum
americalabs.org
12) With the way the CR/minibus fight ended, real doubts about whether the Dems are smart... at least their leadership. Republicans negotiated good cop, bad cop, crazy cop.

What was the Dem ldrship negotiating strategy? Pretend to be one way to the public and another in private. Not good.
November 10, 2025 at 2:02 PM
Reposted by Noah Rosenblum
americalabs.org
7) If it were me, I wouldn't agree to fund the FSGG approps bill that funds the WH/OMB without policy riders that take away the administration's funding to pursue things like impoundment, etc. Why should Russ Vought have any staff? Saying "no" here is a policy win. If they do it.
November 10, 2025 at 1:55 PM