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Posts by Jed H. Shugerman

On The Daily podcast, a journalist said the Iran cease fire talks “were not very straight-forward”…

With no hint of irony.

C’mon, @nytimes.com, straight up?

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… said Vrabel.

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Nice Boston triple header today:
Celtics, Sox, Bruins.

Pats also have a chance to score today… if you count the Vrabel Russini match up later tonight at a Foxboro motel

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Both

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The Stockton-Karl Malone duo hasn’t aged well.
And “age” was a big problem.

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The Yale report on trust in higher education has some good recommendations for reforms in many areas that I hope Yale and other schools implement.

But its diagnosis is oddly silent about what I suspect is the most important force driving the decline in trust in higher education: political attack.

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The legal academy's Jim Cramer, simply a perfectly negative indicator.

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Trump Administration Live Updates: President Threatens to Fire Fed Chief if He Does Not Resign

This is like Trump filing a supplemental brief in Trump v. Cook...

In support of Lisa Cook (member of the Federal Reserve Board of Governors)
www.nytimes.com/live/2026/04...

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Obama's JCPOA is looking wiser and wiser each day.

Thanks, Obama.

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What if you include Republican-appointed Justices as part of the category "Republican beanball," and then conclude that the game no longer has umpires?

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3/ I defended the JCPOA as justified constitutional hardball, and I contrasted it with Republican "beanball" --
a more apt baseball metaphor to describe extreme anti-democratic tactics in terms of breaking the rules with intent to injure and sideline the competition.

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HARDBALL VS. BEANBALL: IDENTIFYING FUNDAMENTALLY ANTIDEMOCRATIC TACTICS - Columbia Law Review Introduction In Asymmetric Constitutional Hardball, Professors Joseph Fishkin and David Pozen offer a compelling argument, connecting the legal literature on “constitutional hardball” with the politic...

FWIW, I defended Obama's JCPOA with Iran in print in 2019:
"Hardball v. Beanball: Identifying Fundamentally Anti-Democratic Tactics," 110 Colum. L. Rev. Online p. 106-10 (2019).

www.columbialawreview.org/content/hard...

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Obama's JCPOA is looking wiser and wiser each day.

Thanks, Obama.

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Flyers and Bruins could meet in the conference final.
I don’t remember what happened the last time.
(Blocked it out)

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True story: In a brief, the Trump DOJ called one of our arguments about the Emoluments Clause “inconceivable.”

In the next briefing, I quoted that sentence and replied, “We do not think that word means what the DOJ thinks it means.”

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And I wish I could give this comment more likes.

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The Trump administration relies on AI for its propaganda— but can’t even use spell-check

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U.S. Department of War • 2d •
...
To our warfighters and the American people-... more
MENT
LOF
RILEY PODLESKI
ASSISTANT PRE
ISS SECRATARY

U.S. Department of War • 2d • ... To our warfighters and the American people-... more MENT LOF RILEY PODLESKI ASSISTANT PRE ISS SECRATARY

The thing you have to admire about the folks at the Department of War is their attention to detail. This is real.

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More like Loser Orban.
Amirite?

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Here's the (nearly) final total:

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Orban's system was rigged to give plurality winners with widespread support in the countryside super-majorities in the parliament - so Peter Magyar generated widespread support in the countryside and has been rewarded with 69% of the parliamentary seats. Now he can undo Orban's constitution!

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Trump’s Iran Threats Look Like Self-Incrimination for Potential War Crimes

The President “shall have Power to grant Reprieves and Pardons for Offences against the United States.”

Wired 2017-2020: POTUS can’t pardon state crimes.

Wired 2026: POTUS can’t pardon int’l war crimes & crimes against humanity.
www.nytimes.com/2026/04/07/u...

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Pardons can't stop the next president from handing over alleged war criminals to an international criminal tribunal, if they have the political will.

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Indigenous Constitutionalism - Harvard Law Review By standard accounts, there are fifty-four constitutions across the federal, state, and territorial governments of the United States. But in fact, there are 230 other governmental constitutions that currently govern peoples and territories within the United States. These constitutions not only flow from a sovereignty that existed prior to the United States but also came out of a legal movement that asserted its independence from both the U.S. Constitution and state constitutions. This Article tells the story of these constitutions — the constitutions of Native nations.

Honestly still in shock by its placement, but my article (and job talk paper), “Indigenous Constitutionalism,” is officially out in the Harvard Law Review. A brief thread on this project🧵

harvardlawreview.org/print/vol-13...

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6/ Fixing screenshot p. 3:
Offices, Property, and Due Process

Most federal offices are not property. However, as a matter of original public meaning & common law, offices protected from removal are a form of property.

Sources: 1. Bacon, 2. Blackstone, 3. Federalist 39 (Madison):

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5/
Handout p. 4
Such offices are not absolute property rights, but they require due process under the 5th Amendment.

Under the law of remedies, such property rights include a right to temporary injunctive relief.

Historical sources: 4. First Congress.
5. Marbury.

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4/
Handout p. 3: Offices, Property, and Due Process

Most federal offices are not property. However, as a matter of original public meaning and the Anglo-American common law, offices protected from removal are a form of property.

Sources: 1. Bacon, 2. Blackstone, 3. Federalist 39 (Madison):

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3/ Handout page 2:
I provide more specifics about the myth of the "Decision of 1789," using graphs showing the evidence from my article "The Indecisions of 1789":

The First Congress split into different camps.
A majority rejected the unitary interpretation of Article II:

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2/
Because the background of these Supreme Court emergency stays (Trump v. Wilcox) is the unitary executive theory, I provide a handout summarizing why the unitary executive theory is wrong as a matter of original public meaning and historical evidence.

Handout p. 1:

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