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Posts by Peter M. Shane

He plans to explain the Quran to his Iranian counterparts,

22 hours ago 13 3 0 0

If @theatlantic.com pays even one dime to settle this BS, it will lose subscribers. Get discovery, people!

22 hours ago 13 5 0 0
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The Inside Story of Five Days That Remade the Supreme Court

So much for Hamilton’s description of the Court as lacking “will.” www.nytimes.com/2026/04/18/u...

3 days ago 6 0 0 0

Turns out April 12 is not January 6. Congratulations to the people of Hungary!

1 week ago 8 1 1 0
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WCPT 820 Interview: Peter Shane - It's the Democracy, Stupid with Edwin Eisendrath (formerly The Big Picture) Filling in for Edwin Eisendrath, Brian Endless is joined by Peter Shane, the Jacob E. Davis and Jacob E. Davis II Chair in Law Emeritus at the Ohio State University’s Moritz College of Law, and distin...

Enjoyed spending half an hour discussing the precarious state of checks and balances with Brian Endless, filling in for Edwin Eisendrath, on yesterday’s broadcast of “It’s the Democracy, Stupid,” on WCPT out of Chicago. omny.fm/shows/democr...

1 week ago 1 0 0 0

Poetry can say it all.

1 week ago 4 0 0 0

I still don't understand how he lasted past the Access Hollywood tape or his public belittling of Serge Kovaleski's disability.

1 week ago 5 0 0 0
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It is the American civilization he is killing, one norm of decency, empathy, and accountability at a time.

2 weeks ago 9 2 0 0
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No One at Waffle House Remembers FEMA Official Who Says He Teleported In

And in related news, "FEMA Hires Crackpot as Associate Administrator of its Office of Response and Recovery." www.nytimes.com/2026/04/03/u...

2 weeks ago 7 2 0 0

With amazing hubris, the Justice Department OLC has declared the Presidential Records Act of 1978 unconstitutional--even though the Supreme Court upheld the earlier statute on which it was expressly modeled. The opinion's issuance on April Fool's Day fits. If only. www.justice.gov/olc/media/14...

2 weeks ago 4 3 0 0
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Alan Dershowitz: Trump Can Serve a Third Term The law professor argues that the president isn’t prevented from serving a third term. This former Dershowitz admirer begs to differ.

It is almost worth having Alan Dershowitz spew constitutional nonsense into our national conversation if it spawns rebuttals as beautifully written as this. washingtonmonthly.com/2026/04/02/a...

2 weeks ago 14 7 0 0

Any report on whether he stayed awake?

2 weeks ago 3 0 0 0

The other lie in the DJT post is that only the U.S. has birthright citizenship.

3 weeks ago 5 1 0 0
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Escalate on the Trump Admin’s ‘ICE at the Polls’ Plans Now In recent weeks there’s been a recurring story, albeit with different players....

"There’s no military theory or really any kind of competition where the established wisdom is to cede the initiative to your opponent and then react to whatever they decide to do." Escalate on the Trump Admin’s ‘ICE at the Polls’ Plans Now talkingpointsmemo.com/edblog/escal...

3 weeks ago 4 3 1 0

He doesn't even qualify for a Perfect Attendance certificate.

3 weeks ago 0 0 0 0
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SCOTUS: Under the Constitution, accountability ultimately depends upon the People!
Also SCOTUS: The Constitution guarantees no one’s right to vote!

4 weeks ago 7 0 1 0
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Saudi Prince Is Said to Push Trump to Continue Iran War in Recent Calls

But the resigning MAGA guy said it was all Israel’s fault! Saudi Prince Is Said to Push Trump to Continue Iran War in Recent Calls www.nytimes.com/2026/03/24/u...

4 weeks ago 0 0 0 0

Our constitutional lack of on any politically and institutionally plausible route towards the prompt removal of a president who daily displays a lack of the kind of character, intellect, judgment, and mental health required for responsible leadership is much to be regretted.

4 weeks ago 11 1 1 0

Lying to Congress is a felony whether or not under oath. 18 U.S.C. § 1001.

1 month ago 9 3 0 0
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How the Supreme Court’s Tariff Ruling Could Save the Civil Service Its rebuke of Trump tariffs might mean serious problems for other Trump initiatives, but much depends on “major questions doctrine.”

The logic behind the use of the major questions doctrine in Trump's tariff loss suggests that the three conservatives who joined the liberal Justices in denying POTUS tariff power should also oppose his attempts to politicize the civil service. washingtonmonthly.com/2026/03/18/h...

1 month ago 8 3 0 0

This is correct.

1 month ago 4 3 0 0

The idea that Israel tricked Trump into bombing Iran is pernicious and ignores Trump’s actual behavior. The “good news” is that Trump will always insist he’s the decider of everything.

1 month ago 1 0 0 0
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F.C.C. Chair Threatens to Revoke Broadcasters’ Licenses Over War Coverage

Given the FCC’s role, this grossly unconstitutional threat should warrant impeachment. F.C.C. Chair Threatens to Revoke Broadcasters’ Licenses Over War Coverage www.nytimes.com/2026/03/14/w...

1 month ago 16 6 1 0

But: ALSO STYLISH

1 month ago 3 0 0 0

If you’re my age, you might have gone to the 1964 World’s Fair that imparted an optimistic view of the 21st century that didn’t mention terrorism, a pandemic, global recession, or superpowers starting wars of choice.

1 month ago 4 0 0 0
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Remembering Jesse Jackson
Remembering Jesse Jackson YouTube video by Pat Boone

I did not expect to see a tribute to Rev. Jesse Jackson from Pat Boone, but found this brief statement oddly moving and hopeful in its way. youtu.be/O25DgDZqCjE?...

1 month ago 4 0 0 0

Does Putin have the unredacted Epstein files?

1 month ago 2 1 1 0

2/2 even that is speculative because 6 U.S.C. 113(g) seems to preempt the Federal Vacancies Reform Act by specifying that a vacancy in the Secretary's position must be filled by the Deputy, the Under Sec'y for Management, and then others set forth in an order of succession set by the Secretary.

1 month ago 21 4 2 0

1/2 Mullin cannot be Acting Secretary of DHS. While in the Senate, he cannot hold office in the executive branch. (U.S. Const., Art. I, Sec. 6.) If he resigned the Senate to become a DHS employee, he would be eligible for appointment only after serving in DHS for 90 says. (5 U.S.C. § 3345(a)) -- and

1 month ago 63 34 9 0

So Noem is going to be Special Envoy for the Shield of the Americas. Apparently, the Minister of Silly Walks slot is already taken.

1 month ago 12 3 1 0