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Peter M. Shane

@petermshane.bsky.social

10K followers 1.6K following 740 posts

Constitutional and admin law prof. Author, Democracy's Chief Executive (U. Cal. 2022). Podcast host @DemChiefExecPod. @Monthly contributor. Corgi-obsessed.

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Peter Milo Shane is an American legal scholar and writer. He is currently the Jacob E. Davis and Jacob E. Davis II Chair in Law Emeritus at the Moritz College of Law at The Ohio State University, where he taught from 2003-2021.[1] Since 2022, he has been a Distinguished Scholar in Residence and Adjunct Professor at the New York University School of Law. [2] .. more

Political science 50%

Economics 18%

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Peter M. Shane @petermshane.bsky.social · Jul 21

“Trump’s use of executive power is not a distortion of the Roberts Court’s theory of the presidency; it is the Court’s theory of the presidency, brought to life.” My take in The Atlantic. www.theatlantic.com/ideas/archiv...

This Is the Presidency John Roberts Has Built

The country is witnessing the creation of an all-powerful institution, and one man is responsible.

www.theatlantic.com

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Peter M. Shane @petermshane.bsky.social · 1d

A 9th Circuit panel of two Trump appointees and one of Clinton’s who had served on the Oregon Sup.Ct. stayed the order of Trump-appointed District Ct. Judge Immergut barring federalizing the Oregon National Guard, but not her order barring deployment in Portland. cdn.ca9.uscourts.gov/datastore/op...

cdn.ca9.uscourts.gov

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Peter M. Shane @petermshane.bsky.social · 1d

And interestingly, the federal judge in Chicago who declined to issue a TRO before holding a fully briefed hearing on Thursday is a Biden appointee. Judges acting like judges, you might say. (And of course, the Chicago judge knows she will be reviewed by the Seventh Circuit, not the Ninth.)

Robert Reich @rbreich.bsky.social · 3d

A judge blocked Trump from sending Oregon's National Guard into Portland.

That same judge then blocked Trump from deploying California's National Guard to Portland instead.

This isn't a "left wing" judge — Trump appointed her.

Says a lot about Trump's authoritarian power grab.

Peter M. Shane @petermshane.bsky.social · 2d

Greta Thunberg has better odds than Trump.

Peter M. Shane @petermshane.bsky.social · 2d

Is Flour Power as effective as Flower Power? www.theendlesssixties.com/bernie-boston/

On Bernie Boston's Iconic 'Flower Power' Photograph of 1967

"On Bernie Boston's Iconic 'Flower Power' Photograph of 1967" addresses one of the most iconic photograph of The Sixties: a young man placing a flower in the barrel of a Guardsman's rifle.

www.theendlesssixties.com

Peter M. Shane @petermshane.bsky.social · 2d

Just a helpful reminder that the same Administration that portrays America's most recent actual insurrection as just patriotic protest now wants to blur the line between garden variety crime and "insurrection" or "rebellion" so that it can mobilize military force against its political opponents.

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Peter M. Shane @petermshane.bsky.social · 3d

Again, I agree with you on policy. What the Framers were worried about, however, was districts drawn so small that reps would be excessively parochial. 30,000 was judged to be a big enough # to embrace multiple economic interests, so that a House Member would have to strive for a balanced approach.

Peter M. Shane @petermshane.bsky.social · 3d

Which is just as consistent with 30,000 being the minimum, not the maximum.

Peter M. Shane @petermshane.bsky.social · 3d

In some case where Trump's venom is relevant, Roberts will say: "The issue is not whether to denounce Trump's statements. It is instead the significance of those statements in reviewing a Presidential directive, neutral on its face, addressing a matter within the core of executive responsibility."

George Takei @georgetakei.bsky.social · 3d

No President should ever stoke this kind of division and dehumanize the other half of the country in this way.

The image shows two X posts. The first, by Juliette Kayyem (@juliettekayyem
) from 1 hour ago, states: "'Take care of' is not subtle. This weekend the ground has shifted and no person can deny what the president, unpopular and unfit, intends. To remain silent is to welcome this. They can both sides or claim they didn't hear, but there is no wiggle room about his plans now." The second, by Aaron Rupar (@atrupar
) from 6 hours ago, quotes Trump addressing the Navy: "We have to take care of this little gnat that's on our shoulder called the Democrats." The post includes a photo of Trump speaking to a group in Navy uniforms, with a caption noting he "called the Democrats. They want to give all of our money to illegal."

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Peter M. Shane @petermshane.bsky.social · 3d

With all respect for the depth of your study, Madison's Federalist #52 supports my reading.

Reposted by Peter M. Shane

Robert Reich @rbreich.bsky.social · 3d

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Reposted by Peter M. Shane

George Takei @georgetakei.bsky.social · 3d

No President should ever stoke this kind of division and dehumanize the other half of the country in this way.

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Peter M. Shane @petermshane.bsky.social · 3d

I would also support a larger House, but this isn’t a correct reading of Article I. It says that the number of reps cannot “exceed one for every 30,000.” That is, each district must have at least 30,000 constituents. 30,000 is a floor, not ceiling.

Peter M. Shane @petermshane.bsky.social · 3d

"The 'constitutionally mandated balance of power' between the States and the Federal Government was adopted by the Framers to ensure the protection of 'our fundamental liberties.'"
Atascadero State Hospital v. Scanlon, 473 U. S. 234, 473 U. S. 242 (1985).

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Peter M. Shane @petermshane.bsky.social · 3d

I’m optimistic in the long run, but worry how much pain will be inflicted first.

Peter M. Shane @petermshane.bsky.social · 4d

Still nice of you to reply!

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Peter M. Shane @petermshane.bsky.social · 4d

I should have used a sarcasm emoji. My bad.

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Reposted by Mark A. Lemley

Peter M. Shane @petermshane.bsky.social · 4d

I thought the Epstein files would not be a big deal until Trump decided he’d start a civil war rather than release them.

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Peter M. Shane @petermshane.bsky.social · 4d

I’m pretty sure the first Article of Trump’s third impeachment will involve abuse of the military.

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Peter M. Shane @petermshane.bsky.social · 4d

Under 10 USC 12406, the supposed authority for the Texas invasion of other states, orders to the nationalized Guard are still issued through the “Governor,” meaning, it must be assumed, the Governor of the state in which they are serving. Any other reading raises serious constitutional issues.

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Reposted by Ann Bartow

Peter M. Shane @petermshane.bsky.social · 4d

It’s kind of wild that the Second-Amendment-Protects-Us-From-Tyranny crowd thinks the 10th Amendment is no bar to sending National Guard troops from one state into another over a Governor’s objections. I had actually thought federalism, rather than guns, was the Constitution’s anti-tyranny strategy.

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Peter M. Shane @petermshane.bsky.social · 7d

But (try to) cut off funding for NYC. Argentina First!?

Adam Kinzinger @adamkinzinger.substack.com · 7d

The US is going to bailout Argentina with your tariff money.

Let that sink in

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Reposted by John McLaren, Peter M. Shane, Sanford F. Schram

Adam Kinzinger @adamkinzinger.substack.com · 7d

The US is going to bailout Argentina with your tariff money.

Let that sink in

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Peter M. Shane @petermshane.bsky.social · 8d

Enjoyed talking to Michael Popok on a new @legalafmtn.bsky.social episode about the Supreme Court’s inaction on ICE racial profiling and the state of separation of powers law in the Roberts Court. youtu.be/HKBxBP_ftrM?... (I don’t title the episodes!)

SCOTUS Crumbles in FACE of DISASTER They CREATED

YouTube video by Legal AF

youtu.be

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Peter M. Shane @petermshane.bsky.social · 8d

I suspect every uniformed audience member yesterday would be more qualified to serve as commander in chief or secretary of defense than the current incumbents. Besides undermining Hegseth's desire to be top alpha in the room, Trump no doubt induced a lot of queasiness about his fitness for office.

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Peter M. Shane @petermshane.bsky.social · 9d

This essay very much sums up my worries about two countries and does offer some glimmer of hope.

Voice4Justice @voices4justice.bsky.social · 9d

‘A journey between pessimism and optimism in the US’
blogs.timesofisrael.com/a-journey-be...
By Nadav Tamir
@jstreetdotorg.bsky.social

The Blogs: A journey between pessimism and optimism in the US

From the blog of Nadav Tamir at The Times of Israel

blogs.timesofisrael.com

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Reposted by Peter M. Shane

Voice4Justice @voices4justice.bsky.social · 9d

‘A journey between pessimism and optimism in the US’
blogs.timesofisrael.com/a-journey-be...
By Nadav Tamir
@jstreetdotorg.bsky.social

The Blogs: A journey between pessimism and optimism in the US

From the blog of Nadav Tamir at The Times of Israel

blogs.timesofisrael.com

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Peter M. Shane @petermshane.bsky.social · 10d

Nothing says “America First” more powerfully than Trump offering to chair a Board of Peace overseeing Gaza reconstruction—at least, if “America” = “Trump.”

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Peter M. Shane @petermshane.bsky.social · 10d

A reminder that not every lawyer who competed in beauty pageants is Elizabeth Prelogar.

Peter M. Shane @petermshane.bsky.social · 13d

Planning weekend podcast listening? The latest @washingtonmonthly.com podcast features my talk with fellow law prof @garrettepps.bsky.social on Justice Kavanaugh's recent opinion justifying the lifting of a stay against ICE raids in LA based on racial profiling. washingtonmonthly.com/2025/09/24/t...

The Supreme Court Greenlights Racial Profiling

Two law professors dissect Brett Kavanaugh’s recent Supreme Court opinion justifying the continuation of racially-motivated ICE raids in LA.

washingtonmonthly.com

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Peter M. Shane @petermshane.bsky.social · 14d

It’s the couches.

Chris Hayes @chrislhayes.bsky.social · 14d

OUR BATHROOM MIRRORS ARE VITAL TO OUR NATIONAL SECURITY