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Julian Davis Mortenson

@jdmortenson.bsky.social

likes his oatmeal lumpy

15,322 Followers  |  1,685 Following  |  5,108 Posts  |  Joined: 15.06.2023
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Posts by Julian Davis Mortenson (@jdmortenson.bsky.social)

Finally, respondents Gwynne Wilcox and Cathy Harris
contend 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. 
See Response of Wilcox in Opposition to App. for Stay 2−3, 
27−28; Response of Harris in Opposition to App. for Stay 3, 
5−6, 16−17, 36, 40. We disagree. The Federal Reserve is a 
uniquely structured, quasi-private entity that follows in the 
distinct historical tradition of the First and Second Banks 
of the United States. See Seila Law, 591 U. S., at 222, n. 8.

Finally, respondents Gwynne Wilcox and Cathy Harris contend 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. See Response of Wilcox in Opposition to App. for Stay 2−3, 27−28; Response of Harris in Opposition to App. for Stay 3, 5−6, 16−17, 36, 40. We disagree. The Federal Reserve is a uniquely structured, quasi-private entity that follows in the distinct historical tradition of the First and Second Banks of the United States. See Seila Law, 591 U. S., at 222, n. 8.

If anything, Hamilton is the herald of the last bastion of independence these days.

05.03.2026 03:58 — 👍 2    🔁 1    💬 0    📌 0

divided by the square of the humors

05.03.2026 03:52 — 👍 1    🔁 0    💬 0    📌 0

AI reaches the Supreme Court

05.03.2026 02:31 — 👍 2    🔁 1    💬 1    📌 0

to clarify the issue:

Justice Thomas cites Case of Proclamations as a foundational text for nondelegation doctrine

The Case of Proclamations actually dealt with the English equivalent of an Article II inherent power claim

05.03.2026 02:02 — 👍 10    🔁 0    💬 3    📌 0
Preview
The Question of Implied Powers, Part V: McCulloch v. Maryland, the First Question Musings on Constitutional Philosophy

Good evening, y'all!

Tonight on Constitutional Perspectives, it's the grand climax of the module on implied powers. That's right, it's my detailed analysis of the first question in McCulloch v. Maryland!!!

eveningconstitutional.net/the-question...

05.03.2026 00:41 — 👍 22    🔁 2    💬 2    📌 0

totally

the issue for modern scholars—almost a century of them at this point--is that they read what *Hamilton's* peers meant by a monarchist as standing for what would count as monarchical *today*

05.03.2026 00:43 — 👍 6    🔁 0    💬 0    📌 0

ps lol i did appreciate that

04.03.2026 23:16 — 👍 0    🔁 0    💬 0    📌 0

i'm 10000% serious when i say i can't wait to see the emergence of the argument. I just don't know how far into the exec branch papers i'll have to wait? @andrewkent.bsky.social has a draft charting the emergence of the argument from executive branch lawyers in the 19c but i don't believe yet posted

04.03.2026 23:16 — 👍 0    🔁 0    💬 1    📌 0

he had a whole ear thing, dont judge

04.03.2026 22:47 — 👍 3    🔁 0    💬 1    📌 0

Me and Julian in the archives this month:

04.03.2026 22:44 — 👍 34    🔁 1    💬 1    📌 0

there was a point in the late 20teens when I went from super curious about what 1780s evidence for the "vesting clause thesis" / Royal Residuum would look like, to realizing that day would never come

hoping to see glimmerings in the 1790s! at some point the white whale will surface and blow, yes?

04.03.2026 22:47 — 👍 3    🔁 0    💬 1    📌 0

finally in deep archival mode again after far far too long away

and lord, the more I read by Hamilton the executive officer with Washington's ear, the more bizarre it seems that he's been transmogrified into a prophet of the royal residuum.

04.03.2026 22:40 — 👍 29    🔁 1    💬 6    📌 3

eventually becomes Conan the White

04.03.2026 22:11 — 👍 2    🔁 0    💬 0    📌 0

Actually, I’ll be more direct: I don’t think it’s just interesting, I think it’s an inaccurate analysis.

04.03.2026 13:52 — 👍 243    🔁 11    💬 7    📌 1

It’s interesting that Talarico’s religious appeals are framed primarily as a reach across the aisle here.

In his particular case, I think that’s *part* of the effort come the general. But his slogan was “let’s flip some tables” — a theological argument aimed at the Democratic base, not Republicans.

04.03.2026 13:51 — 👍 657    🔁 72    💬 36    📌 19

“I said where’d he go?

“Goose said where’d *who* go??

“And he was laughin at us over the radio”

04.03.2026 01:08 — 👍 10    🔁 1    💬 1    📌 0

this cannot be true….. can it

04.03.2026 01:07 — 👍 7    🔁 0    💬 1    📌 0

how I arrived on Bluesky

04.03.2026 00:09 — 👍 4    🔁 0    💬 2    📌 2

lol dangit I’m trying to save the paragraphs here : )

03.03.2026 21:02 — 👍 0    🔁 0    💬 0    📌 0

i read him that way too! But that reading makes a total bash of the case of proclamations.

03.03.2026 21:01 — 👍 1    🔁 0    💬 0    📌 0

I’ve ask for help resuscitating the patient fitzy not burying it!

03.03.2026 20:37 — 👍 5    🔁 0    💬 0    📌 0

thank you!

03.03.2026 20:36 — 👍 1    🔁 0    💬 0    📌 0
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Thomas’s dissent in Learning Solutions cites Case of Proclamations (1611) as evidence a nondelegation principle in English law.

UK law and English legal history peeps — I’m trying to muster a reading of these paragraphs that rescues them from elementary error. Can anyone help me see one?

03.03.2026 20:11 — 👍 5    🔁 1    💬 7    📌 1

hard same

03.03.2026 17:32 — 👍 1    🔁 0    💬 0    📌 0

Breyer wins the Souter Award for most touching remembrance of a late colleague:

10.05.2025 17:40 — 👍 12    🔁 1    💬 0    📌 0
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SCOTUS better up its game for its remembrances because Souter was the GOAT for his colleagues

09.05.2025 14:58 — 👍 20    🔁 4    💬 1    📌 1

Good advice! And it goes for institutions as well as people.

03.03.2026 01:13 — 👍 6    🔁 2    💬 0    📌 0

new blootski who dis

03.03.2026 01:18 — 👍 1    🔁 0    💬 0    📌 0

agree!

*And also*, if dolley saw something there, that counts fr something

03.03.2026 00:57 — 👍 3    🔁 0    💬 0    📌 0

Intellectual is the prompting concern

But I’m trading on other turdlinesses in my declaration of his status

03.03.2026 00:49 — 👍 3    🔁 0    💬 1    📌 0