Jed H. Shugerman

Roses are red,
Violets are blue,
UET may be on the rise,
But as a matter of history, it’s simply not true. @jedshug.bsky.social @jdmortenson.bsky.social @andreascoseriakatz.bsky.social @narosenblum.bsky.social @janemanners.bsky.social

Yes. To ND L Rev’s credit, they are also publishing Mike Ramsey’s effective rebuttal to both.

😒

2026 Presidents' Day Lecture

Tomorrow 1:30 at @northeasternu.bsky.social, I'll be giving the 2026 Presidents' Day Lecture:

"A Faithful President: The Founders vs. the Originalists"

A historical debunking of the "unitary executive theory" and other Presidentialist myths:
calendar.northeastern.edu/event/2026-p...

2026 Presidents' Day Lecture

Tomorrow 1:30 at @northeasternu.bsky.social, I'll be giving the 2026 Presidents' Day Lecture:

"A Faithful President: The Founders vs. the Originalists"

A historical debunking of the "unitary executive theory" and other Presidentialist myths:
calendar.northeastern.edu/event/2026-p...

Thanks, @narosenblum.bsky.social!
And thanks so much for your outstanding work - including the work we rely on and build on, such as your research in your important amicus brief with @nwdonahue.bsky.social!

It takes a village to take down the unitary executive theory (Irony? or Poetic justice?)

Thanks, @beaubaumann.bsky.social!
And it was a phenomenal opportunity to work with an astronomically rising star in the legal academy!
Great teamwork, between my 18th-mid 19th C. background, your 20th C. expertise, and meeting in the middle to discover new evidence for agency independence!

5/6 The work benefitted from the feedback of @dbrodriguez.bsky.social and Gillian Metzger. They participated in an event organized by @bridgetdooling.bsky.social. That event was the best run young scholars' workshop I've ver seen!

4/6 This piece grew out of a conversation at ASLH in Detroit. While there, we benefitted from conversations with @narosenblum.bsky.social @andreascoseriakatz.bsky.social @janemanners.bsky.social @kexelchabot.bsky.social and @chrisjwalker.bsky.social

2/x in particular, this is about the quasi judicial function. We show that the function dates bates to early modern England and extended in an unbroken chain to the present. This work gives the Roberts Court new reason to vindicate the quasi judicial function in Slaughter and Cook!

3/x Link: papers.ssrn.com/sol3/papers....

1/x Really delighted to say that my coauthored piece with @jedshug.bsky.social, “Quasi-Judicial: A History and Tradition” just landed with the Columbia Law Review. We really appreciate the editors’ hard work! This is a piece that retells the story of American admin law and Humphrey’s Executor.

If you were to run down a list of all the things distinctive about the United States in contrast to Old World Europe, most of it is stuff we instead have in common with Latin America. That's not some woke novelty, it's a deeply embedded centuries-old aspect of our culture and national identity.

To reject the US as a fundamentally American country with a deep shared history and commonality with the rest of the Americas, including that Spanish has long been our de facto national second language, is on a deep level anti-American. It's hating actual American culture and history and tradition.

I’m watching with a friend who just said: “This is the second straight Super Bowl where Drake got embarrassed.”

Desperately Seeking Susan (Collins).

Democracy dies in tax cuts

Trump's Schedule F Rule Finalized A bizarro rule formally justifies politicizing public services

New, from me: Trump finalized his Schedule F policy, allowing him to remove job protections from career civil servants.

The new rule is dishonest and unmoored from reality in its effort to formalize the politicization of the federal government 🧵
donmoynihan.substack.com/p/trumps-sch...

Legal history people: the ASLH conference will be in the Canadian Rockies in Nov.2026! Panel proposals are due March 24, 2026. The Call links to google sheets where you can find co-panelists & chair-commentators 👇 You can @ me if you're looking for fellow panelists, too.

Ian McKellen performs “The Strangers’ Case” speech from “Sir Thomas More” on Colbert.

Washington Post’s new motto:

“Democracy dies in dark irony and plutocratic venality.”

2/x The paper pivots off the literature. The Founding was underdetermined on removal and executive control of administration. W/ that in mind, a history-and-tradition analysis would vindicate the quasi-judicial function.

This paper is one of the first to flesh out H&T in structural con law.

1/x @jedshug.bsky.social and I have put up an updated version of our paper, "Quasi-Judicial: A History and Tradition," up on SSRN.

This paper shows that the quasi-judicial function from Humphrey's Executor is simpatico w/ both originalism and a history-and-tradition approach.

Evergreen.

I’m like half of these… but this is the one:

NO MEANING.

Their cryptocurrency was the gold Dubloons they hid in crypts.

They had no idea that pirates would go from 18th c outlaw to the White House.

The Founders endorsed the unitary executive theory because…

[checks notes]

… it was History and Tradition for Kings to Sue Themselves and then Order a Settlement* with Themselves for $5 billion.

*Citing the Settlement Act of 1701.

MAGA:

Murdering
American patriots like
Good and
Alex Pretti