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petermshane.bsky.social
Constitutional and admin law prof. Author, Democracy's Chief Executive (U. Cal. 2022). Podcast host @DemChiefExecPod. @Monthly contributor. Corgi-obsessed.
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The Supreme Court’s combination of glib history and hubris continues to fuel an executive-indulgent constitutional jurisprudence at odds with both text and political reality.

For every challenging question, Trump has a TAMALE answer — Trump Always Makes Astonishingly Lame Excuses.

1/5 Here's last night Court of Int'l Trade decision on Trump tariffs. www.cit.uscourts.gov/sites/cit/fi... Based on quick reading, the court's analysis regarding the so-called "worldwide and retaliatory tariffs" seems strong. Basically, the Trade Act of 1974 limited . . .

Truly one of the great graduation speeches of all time. The transcript is here: commencement.news.wfu.edu/2020s/c2025/...

"The Paper," a PRC news site, sent me questions about Trump and Harvard. Today, I got a link to the story. Google Translate offered this headline: "The 'ban on recruiting" is aimed at Harvard, and US legal experts bluntly say: Trump wants to kill the chicken to scare the monkey.'" A Chinese saying??

I'm beginning to doubt the sincerity of those who groused about disrespecting the military, family corruption, or cognitive decline under recent Dem POTUS's but is OK with a rambling MAGA-hatted POTUS addressing cadets on trophy wives during the same week he hosts a dinner for family crypto clients.

Hoping for a good recovery for fellow Long Islander Billy Joel www.nytimes.com/2025/05/23/a...

Semper veritas, numquam tyrannis!

To eviscerate the administrative state is to undermine many achievements of the Labor, Civil Rights, Antipoverty, Consumer, Women’s, and Environmental Movements. The roots of this Court’s antipathy to post-New Deal America are not too hard to trace.

Maybe not all of His ways are mysterious.

In the pursuit of hyper-presidentialism, this Court has also invented a history of 1789 that, contrary to all evidence, intended a plebiscitary presidency, a “one-person branch” theory contradicted by constitutional text, and an immunity doctrine cut from whole cloth. The arrogance is breathtaking.

Absent a sudden taste for stare decisis, our hubristic SCOTUS is poised to undo multimember independent agencies in the name of a fabricated theory of executive power that could not be more dangerous in the current moment. The Court’s indifference to real history and political reality is depressing.

Just out of curiosity, are there any federal law enforcement efforts going on that are not politically motivated or part of Trump’s retribution campaign? I assume actual criming is still a thing.

But did he say, “86?”

I was told my anti-Vietnam War valedictory talk at my high school graduation caused several parents to leave. Two memories: No one withheld my diploma. A conservative classmate said to me: "We don't always agree with you, but I'm proud you represent the class."

Pleased to be quoted in this story on Trump's efforts to "deregulate" by ignoring the law. As is often the case, the novelty is in the scope and scale of Trump's lawlessness. Anything predecessors did occasionally, he will do systematically. "Obama jaywalked? Let's do armed robbery!" wapo.st/4dqIrDN

I don’t understand Bush’s silence in the face of this travesty.

Trump is probably gloating that Leo XIV can’t also be Leo XVI.

Murphy’s remarks to Noem provide an excellent accounting of a DHS run amok.

I had no psychological difficulty being older than a POTUS with Obama in office, but now being older than the Pope will require some getting used to.

I'm not sure "drifted to the left" is quite right. At his confirmation hearing, he cited Justice William Brennan as his model Justice. While the nomination was pending, I asked a professor at UNH what he thought of Souter. He said, "I don't think the Bush Administration knows who they nominated."

This story is based on the cautionary stance of three people who declined to be named. If Harvard capitulates to what Larry Summers recognizes as “extralegal extortion,” the damage will be generational. Veritas, not Timiditas! www.nytimes.com/2025/05/08/u...

I gather on the other place there’s been some anticipatory complaining about a woke Pope. Just want to mention that you can’t have “deity” without “dei.” Just sayin’.

Good way to motivate Catholic voters, no?

I appreciate the cardinals' decision to place an American on the world stage who embodies qualities we are now missing in the Oval Office, e.g., intellect, empathy, compassion, geopolitical savvy, inclusiveness, and self-restraint. Hope it helps rehabilitate the American "brand" around the world.

Glad to be on the same page as @jspeta.bsky.social and @ellgood.bsky.social re: Trump’s despotic attempt to shut down independent media.

Am I wrong that National Security Advisor is not a statutory office? In that case, should Rubio not be called, “Interim,” rather than, “Acting?”

What are the chances he thinks the sources of the Four Gospels are John, Paul, George, and Ringo? Actually, if you asked him him how many Gospels there are, would he even know that?

A reminder that “offensive” and “delusional” are not mutually exclusive categories.

Gee, when you put it like that . . .

I'm thinking the Canadian election may be Trump's biggest success since Herschel Walker.

Just a reminder of what France arranged to commemorate the hundredth anniversary of U.S. independence. For the 250th, we’ll be lucky to get a card.

Since he won't even send disaster relief funds to Arkansas, this is not likely to be a tempting pitch.

Unitary Executive Theory Trump-Style: Everyone must obey me, but I make no decisions.