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Jed Shugerman Profile picture
@jedshug
Jul 29, 2018 • 3 tweets • 2 min read • Read on X
@EdWhelanEPPC says the Trump administration has nominated so few women to the bench because 1) it's SO hard to find the right woman in the right places and
2) it only seeks the "best qualified" candidates. I want to introduce you to some of these #BeBest Trump nominees. 1/
2/ I wrote this last April about the @FedSoc push to fill the bench with extremists. Let's start with Brett Talley, an unqualified nominee who had to withdraw - after a protracted delay - over a scandal about his KKK-sympathizing under a pseudonym. slate.com/articles/news_…
3/ @EdWhelanEPPC says he was only talking about appellate judges. So let's talk about appellate judges. Here's are links about John Bush, now on the 6th Circuit. thedailybeast.com/trumps-judicia…

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More from @jedshug

Jed Shugerman Profile picture
Oct 9, 2018
1/ I just thought I'd tweet about U.S. anti-nepotism law today:

After Bobby Kennedy had served as JFK's attorney general, Congress passed a federal anti-nepotism law in 1967: "A public official may not appoint, employ, promote, advance, or advocate for appointment...
2/ "...employment, promotion, or advancement, in or to a civilian position in the agency in which he is serving or over which he exercises jurisdiction or control any individual who is a relative of the public official."
law.cornell.edu/uscode/text/5/…
3/ "For the purpose of this section—
(1) “agency” means—
(A) an Executive agency"
So hypothetically, is Ambassador to the UN an "agency" under this law?
Read 4 tweets
Jed Shugerman Profile picture
Oct 9, 2018
This article is wrong legally and politically.
Supreme Court Justices have life tenure, because "good behavior" tenure means life tenure. This "textualist" argument is silly, because constitutional textualism still relies on context and public meaning. 1/ newrepublic.com/article/151620…
2/ There are so many sources, but let's start with Hamilton, Federalist 78: These are his caps, not mine:"All judges who may be appointed by the United States are to hold their offices DURING GOOD BEHAVIOR; which is conformable to the most approved of the State constitutions..."
3/ I’m not going to tweet the text of Federalist 78. Just read it here. It is one of the best pieces of constitutional thought, and it is clear and concise. Must-read for anyone who wants to understand constitutional law. Goldstone does not get it. avalon.law.yale.edu/18th_century/f…
Read 4 tweets
Jed Shugerman Profile picture
Oct 8, 2018
1. The Trump/Alfa Bank server connection during the campaign wasn't random.
2. Trump and the GOP just appointed Brian Benczkowski, a lawyer who worked for Alfa Bank, to lead the DOJ's criminal division, and he refuses to recuse himself.
What the hell is going on here?
3. Must-read Filkins's New Yorker piece linked above. The Trump/Russia link is striking, and DeVos and Erik Prince are also implicated.
“And we thought, Why the hell is a Russian bank communicating with a server that belongs to the Trump Organization, and at such a rate?”...
4. Also a damning indictment of the @nytimes for running the headline "Investigating Donald Trump, FBI Sees No Clear Link to Russia” on eve of election, downplaying Alfa Bank links.
Lichtblau: “We were saying that the investigation was basically over—and it was just beginning,”
Read 9 tweets
Jed Shugerman Profile picture
Oct 7, 2018
Reminder #1: @nytimes cracked @realDonaldTrump's decades of criminal tax fraud.
Reminder #2: State Attorneys General have solid basis to use their #QuoWarranto powers to investigate and potentially dissolve the Trump Organization and LLCs. cc: @TishJames @NewYorkStateAG THREAD
2/ When it was unclear how to pursue #Emoluments suits against Trump because of standing problems in Feb. 2017, I wrote about the history of the powerful "quo warranto" writ and the statutory powers of state AGs to investigate corporate fraud. shugerblog.com/2017/02/09/sta…
3/ The old English writ of Quo Warranto has been enacted into state law as a state power to investigate corporate fraud through civil, not criminal process.
@realDonaldTrump can try to fire Mueller and Rosenstein, but he cannot stop the state AGs.
Read 5 tweets
Jed Shugerman Profile picture
Oct 7, 2018
Democrats winning back the Senate in 2018 is possible. But people are overlooking how each of these 2018 races for taking back the Senate in 2021.
The 2020 Senate map is OK, but not great.
Every seat now brings control in 2020 a little closer. We need to work harder now. 1/
2/ Senate is 51 R-49 D now. To win back the Senate, the Dems have to hold 5 red states (WV, ND, MT, MO, IN) + FL, and flip NV and AZ. If Dems lose in any of those states, they need to replace it with @BetoORourke in TX or @PhilBredesen in TN.
I'm hopeful, but not optimistic. 2/
3/ The good news in 2020 is that the Dems are defending only one red state (Doug Jones/Alabama, don’t get your hopes up).
But there are only 2 blue states with GOP Senators in trouble (Collins-Maine, Gardner-Colorado).
Let’s assume that’s net +1 for Democrats...
Read 5 tweets
Jed Shugerman Profile picture
Oct 5, 2018
This person giving a long speech about how sure she is that Roe and precedent are safe is the same person who was sure she got an amazing ACA fix for a huge tax cut for the super-rich.
How’s that working out for you, @SenatorCollins!
2/ @Dahlialithwick and I addressed Kavanaugh and Roe here. @SenatorCollins did not mention these remarkably clear speeches and decisions, which strongly signal the opposite. slate.com/news-and-polit…
3/ And Kavanaugh’s opinions signal a dismissiveness of precedent (Humphrey’s Executor 9-0, Morrison v Olson 7-1) in his support for dramatically expanding presidential power: slate.com/news-and-polit…
Read 5 tweets

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