Jed H. Shugerman

Jed H. Shugerman

@jedshug.bsky.social

Prof Boston U. Law. JD/PhD History & dad jokes. 5th most-cited legal historian, 2019-23 Book: The People’s Courts. Next: A Faithful President: The Founders v. the Originalists http://shugerblog.com http://ssrn.com/author=625422

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Daily SCOTUS Historical Fact-Check, Part 1: I'm starting a daily SCOTUS fact-check after a whopper term, full of erroneous historical whoppers. 1. Justice Kavanaugh concurred in the result. Why did he bend over backward to call it a dissent? open.substack.com/pub/jedshuge...

open.substack.comDaily Supreme Court Historical Fact-Check, Part 1: Kavanaugh's birthright “dissent”?Kavanaugh concurred in the result. Why did he bend over backward to call it a “dissent”?

Israel's election is tomorrow. My summary from recent polling and what to look for tomorrow TL;dr, Eisenkot opposition coalition 56 Netanyahu govt coalition 50 Arab parties = 14 (seem necessary for Eisenkot). And the 3.5% threshold is a big deal again. shugerblogcom.wordpress.com/2026/10/26/i...

shugerblogcom.wordpress.comIsrael election preview, Erev Election (the evening before Election Day)I read a few Israel election news sites to give you a preview of tomorrow’s election. Here’s the clearest summary I can prvoide. Ha’Aretz’s poll tracker (aggregating recent …
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Jed H. Shugerman reposted

things like this make me proud to be a BU alum

Joseph Rezek@rezekjoe.bsky.social

BREAKING: Boston University's English department (my dept) recently voted to approve new learning outcomes for the English major, including an anti-AI provision that requires students to “craft and revise writing that is sustained, original, and generated without the assistance of AI."

3/ The decision to 1) deny Smith's Dec 2023 expedited appeal... 2) but then take 4 months to review on regular appeal in spring 2024 (and reverse and remand) meant that the Supreme Court foreseeably prevented a trial from taking place anytime in 2024.

4/ If Roberts had any notion that he and a majority were likely to adopt a new and unprecedented scope of criminal immunity, they had a duty to take the expedited appeal in 2023. Foreseeably, the Roberts Court’s timing allowed Trump to outrun both the prosecutors and the lower courts.

Thank you, @adamliptak.bsky.social @nytimes.com for including my point about Trump v. U.S. and the Roberts Court's injudicious delays - predictably running out the clock on Jack Smith's Jan 6 trial. Trump outruns the lower courts b/c the Roberts Court assists him: www.nytimes.com/2026/09/02/u...

nytimes.comTrump’s Speed on the White House Ballroom Threatens to Outpace the CourtsIn his breakneck construction of a grand ballroom and in many other initiatives, critics say, the president has tried to outrun judicial review.

2/ The pivotal decision: Step 1: The Roberts Court declined to take the expedited direct appeal from Jack Smith in Dec. 2023. The Roberts Court made a choice to give the DC Circuit 4 months to rule on immunity. Step 2: The Roberts Court took another 4 months to reverse & remand.

My rule on using A.I. is the same as a famous warning about the dangers of A.I. from 1983: "A strange game. The only winning move is not to play." Just say no to A.I.

I like this change only because the old mnemonic HOMES (Huron, Ontario, Michigan, Erie, Superior) now becomes "SHAME on US" Almost literally.

Aaron Rupar@atrupar.com

Trump posts a graphic showing Lake Ontario renamed as "Lake America"

Jed H. Shugerman reposted

Democrat Brandon Dukes appears to have flipped a GOP-held Pennsylvania House seat in Butler County that Trump carried 59-40 in 2024. Dukes' win would give Democrats, who won a 1-seat majority in both 2022 and 2024, a big pickup ahead of the fall when the whole chamber is up.

post-gazette.comA Democrat is leading in a special election in Butler County — a district Trump won by 18 pointsIn a stunning election in a deep-red state House district in southwestern Butler County, Democrat Brandon Dukes was leading Republican Scott Timko by a...

The full quote is even worse: “I think targeted assassinations should be carried out in Gaza, taking down 30 to 40 every night. Not just those who pose an immediate threat — there are people there who are not worthy of life. They shouldn’t live. They’re not even people.” www.ft.com/content/f6b9...

ft.comFar-right Israeli minister advocates killing ‘30 to 40’ Gazans each nightItamar Ben-Gvir also calls for re-establishment of Jewish settlements in the Palestinian enclave
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3/ And this? I denounce Ben-Gvir. This guy calls him a Nazi. I reply "that's offensive hyperbole. Please delete." The reply: "God have mercy on your soul" Ignorant self-righteousness much?

The full quote is even worse: “I think targeted assassinations should be carried out in Gaza, taking down 30 to 40 every night. Not just those who pose an immediate threat — there are people there who are not worthy of life. They shouldn’t live. They’re not even people.” www.ft.com/content/f6b9...

ft.comFar-right Israeli minister advocates killing ‘30 to 40’ Gazans each nightItamar Ben-Gvir also calls for re-establishment of Jewish settlements in the Palestinian enclave

I post this item, and immediately 3 users on Bluesky agree... and re-post by invoking the Nazis or saying the IDF is worse than the Iranian Revolutionary Guard Corps. I'll be generous and call it out as offensive hyperbole, counterproductive, and wrong. I could call it out as worse.

Given that AI is massive theft of intellectual property, it is ironic that people are complaining when AI (Claude) finds a way to claim intellectual credit for "helping" write their work. If you don't want to be outed for engaging in intellectual property theft, maybe don't do it.

Who at the FBI came up with "Oxferd Comma," and why for Russia-gate? Is this some kind of inside joke the FBI was playing on the NY Times for its silly "Times Comma" rule? Or is it because Trump is a "serial" criminal? (swidt?)

I understand the logic folks. For example , it is also better to have Trump’s 5 separate unsuccessfulmilitary escalations with Iran rather than Obama’s single successful JCPOA

bumc.bu.eduStudent Health Insurance | Student Financial Support
Aaron Rupar@atrupar.com

Trump: "At one year, you should have 5 separate visits for vaccines rather than getting them all in the same day. I've seen proof of where they have a vaccination thing that looks like the size of a bottle of soda and pour it into a little child's body."

This new rule requiring 1-year-olds to get 5 separate shots over 5 separate visits isn't going to poll well with 1-year-olds... Or parents of 1-year-olds... Or sane people who have ever been a 1-year-old.

Aaron Rupar@atrupar.com

Trump: "At one year, you should have 5 separate visits for vaccines rather than getting them all in the same day. I've seen proof of where they have a vaccination thing that looks like the size of a bottle of soda and pour it into a little child's body."

Jed H. Shugerman reposted

One of the things I most hate about Washington culture is how people quote “best and brightest” obviously never heaving read Halberstam’s book. The phrase was ironic. It worked out very poorly; the Best & Brightest led us into Vietnam and then couldn’t figure out how to get out of the war. To wit:

Kathryn Tewson@kathryntewson.bsky.social

So, this is real, I just checked

Jed H. Shugerman reposted

If you exclude one specific scene, Mrs. Lincoln actually enjoyed the Ford's Theatre production of "Our American Cousin"

Aaron Rupar@atrupar.com

Kevin Hassett on Fox News argues that if you exclude the sectors that lost hundreds of thousands of jobs, "you actually had a number that was about plus 100,000" 🙃

The Dem establishment freak-out over the DSA & progressive upsets would have more cred if the Dem establishment didn’t lie or engage in reckless denial for 2 yrs bout Joe Biden. The progressive wins are a mixed bag but a crucial wake-up call to clean out a corrupt & cronyist geriocracy.

If we’re being honest with ourselves, the Dem establishment panicked to stop progressives in 2020. It was obvious in the summer of 2019 that Biden was tossing word salad in debates. Yet they closed ranks around him w/o extracting a deal to serve just one term. Historic error.

Jed H. Shugerman reposted

In the wake of Trump v. Slaughter, everyone has been scrambling for a way to distinguish tenure protected officers from those who are removable at will. My updates to “The Interstitial Executive” drive home that history offers a basic yet overlooked way to make this distinction: statutes.

“How could Christopher Nolan make an Odyssey about war trauma, absentee gods, and bad fathers?” — Asked no one who ever actually read the Iliad or the Odyssey.

Jed H. Shugerman@jedshug.bsky.social

This guy also has very important critiques of Christopher Nolan's Odyssey, even though he hasn't seen it.

This guy also has very important critiques of Christopher Nolan's Odyssey, even though he hasn't seen it.

Dexerto@dexerto.bsky.social

A Norway fan has gone viral for not taking part in their Row celebration after matches and won't do it if they win the World Cup "It’s factually wrong; they didn’t row, they sailed over the Atlantic”