Jed H. Shugerman's Avatar

Jed H. Shugerman

@jedshug

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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Latest posts by Jed H. Shugerman @jedshug

Amicus Brief in <i>Trump v. Barbara</i>: An Originalist Defense of Birthright Citizenship <p>For nearly all of the first 235 years under the Constitution, the citizenship of every child born in the United States to alien parents, with immaterial exce

4/ @evanbernick.bsky.social and I have posted our amicus brief, "An Originalist Defense of Birthright Citizenship" on SSRN, with our deepest gratitiude to @brendanbenedict.bsky.social & @mike-altebrando.bsky.social as our counsel who added so much substance:
papers.ssrn.com/abstract=635...

06.03.2026 16:10 👍 12 🔁 2 💬 0 📌 0

No thanks.
You underestimate my zealous dislike of AI.
This is the hardest Hard No I can possibly give.
This is self-destructive brain rot.
I’d abolish all of it if I could.

05.03.2026 20:32 👍 2 🔁 0 💬 1 📌 1

I search terms. I assume you don’t mean searching terms.
I’m not even sure how to use Westlaw or Lexis AI. Sorry for my own ignorance.
It is deliberate.

05.03.2026 20:30 👍 0 🔁 0 💬 1 📌 0

And how about (finally) a shift to peer review?
With the anti-AI pledge?

05.03.2026 18:09 👍 14 🔁 0 💬 2 📌 0

+1, +1 on the likely cascade effect from diminishing August slots 2025 and submissions both deferred to Feb 2026 and likely rushing pieces out now before Spring window closes.

The AI problem is bad enough on its own. If it’s exacerbating the problem, then it’s time for collective action

05.03.2026 18:04 👍 14 🔁 0 💬 1 📌 0

I’m thinking about posting some kind of law professor anti-AI pledge: that any signatory does not use AI to research or write any articles or books.
(I also would like advice about how to disable the ubiquitous invasive AI summaries that search engines push on us)

05.03.2026 18:00 👍 33 🔁 7 💬 6 📌 0

Acute or cute…

2 cute 2 furious.

03.03.2026 01:51 👍 1 🔁 0 💬 0 📌 0

Ymmv

03.03.2026 01:50 👍 2 🔁 0 💬 0 📌 0
a man wearing a celtics jersey stands in front of a psychedelic background ALT: a man wearing a celtics jersey stands in front of a psychedelic background

They do have the MVP

02.03.2026 05:17 👍 4 🔁 0 💬 0 📌 0

I'm delighted to share that this article will be published in the @yalelawjournal.bsky.social.

As promised, I've posted the draft @ssrn.bsky.social: papers.ssrn.com/sol3/papers....

20.02.2026 20:35 👍 28 🔁 7 💬 1 📌 0

“K-Pop Demon Hunters” is legit one of the best movies of the year, one of the best kids movies that is also for adults.
Like Inside Out or Spirited Away.

And I’m not even remotely a K-Pop fan… at least until now.
(I didn’t even know “Golden” was a K-Pop song until the Grammys)

01.03.2026 03:45 👍 14 🔁 1 💬 1 📌 0
Preview
U.S. bishops support lawsuit against Trump’s attempt to limit birthright citizenship The U.S. bishops and a Catholic immigration advocacy group were among those who offered their support to a lawsuit challenging President Donald Trump’s executive order limiting birthright citizenship.

hey @jedshug.bsky.social we made the Catholic press

www.americamagazine.org/news/2026/02...

27.02.2026 22:26 👍 87 🔁 23 💬 4 📌 1

This is a *fantastic* brief

27.02.2026 12:17 👍 53 🔁 6 💬 4 📌 0

Deep track.
Deep cut.
#TheFirstAttemptedEntireLiterstureCutIstheDeepest

Control-F around and find out.

@evanbernick.bsky.social
@jdmortenson.bsky.social

27.02.2026 14:48 👍 2 🔁 0 💬 0 📌 0

Grateful for your excellent work!

27.02.2026 14:04 👍 2 🔁 0 💬 0 📌 0

Thank you, Professor Murrray!
We apply original public meaning to show how the government has zero relevant evidence for its theories — and how the government is doing what constitutionalism is supposed to prevent: the revoking of fundamental rights and reversing of democratic commitments.

27.02.2026 14:03 👍 3 🔁 0 💬 0 📌 0

Another superb amicus brief explaining why the Trump administration's argument against birthright citizenship is bunk--this one on explicitly originalist grounds. Thank you @jedshug.bsky.social @evanbernick.bsky.social and the rest of the team for this sharp brief

27.02.2026 13:36 👍 32 🔁 13 💬 1 📌 1

Moreover, originalism and updating are not mutually exclusive.
Originalists apply *original principles* to new circumstances, whether new facts, new technologies, or new social understandings. The applications can change. The principles as ratified by the public are the constitutional commitments.

27.02.2026 13:56 👍 3 🔁 0 💬 2 📌 0

this is a great brief and it appropriately ends with a killshot: the simple observation that if trump's meaning held, the birthright clause would not have overturned dred scott, the one thing it was absolutely meant to do.

27.02.2026 13:01 👍 2549 🔁 586 💬 29 📌 10

Two amicus briefs I enjoyed reading in support of birthright citizenship at the Supreme Court:

@kewhittington.bsky.social’s: www.supremecourt.gov/DocketPDF/25...

@evanbernick.bsky.social and @jedshug.bsky.social’s: www.supremecourt.gov/DocketPDF/25...

I highly recommend them if y’all have time.

27.02.2026 13:07 👍 87 🔁 31 💬 4 📌 1
Post image

Thank you, Akiva.
More credit goes to @brendanbenedict.bsky.social
@mike-altebrando.bsky.social and
@evanbernick.bsky.social
I'm really proud of our teamwork here. I love this closing paragraph (and I didn't write it, nor did I write the killer intro, which I also love).

27.02.2026 12:43 👍 10 🔁 2 💬 0 📌 0

Oh my:
"Rather than look for what the Citizenship Clause meant to white supremacists in the 1880s, the Court should start with the common meaning of the words at ratification."

27.02.2026 04:07 👍 15 🔁 4 💬 0 📌 0
Post image

Agree or disagree with Heller's holding or with originalism, I think this is true and unfortunately crucial in this case:

The public meaning “excludes secret or technical meanings that would not have been known to ordinary citizens."
@evanbernick.bsky.social @anthonymkreis.bsky.social @gowder.io

27.02.2026 03:53 👍 8 🔁 2 💬 1 📌 0

Pretty straightforward from here

27.02.2026 01:00 👍 174 🔁 30 💬 5 📌 0

3/ I provide more detailed evidence in support of Part IV in this article, with the support of many legal scholars before me:

"An Originalist Case for Birthright Citizenship:
The Inclusion of 'Temporary Sojourners' and of Chinese and Roma"
forthcoming UC L. J. 2026
papers.ssrn.com/sol3/papers....

27.02.2026 00:20 👍 109 🔁 10 💬 1 📌 1
Post image

2/ BRIEF OF ORIGINALIST SCHOLARS EVAN D.
BERNICK AND JED H. SHUGERMAN AS
AMICI CURIAE SUPPORTING RESPONDENTS

Table of Contents:

27.02.2026 00:07 👍 140 🔁 16 💬 2 📌 0

With the outstanding teamwork with Brendan Benedict and Michael Altebrando, @evanbernick.bsky.social & I proudly filed this originalist amicus brief defending birthright citizenship in Trump v. Barbara:
www.supremecourt.gov/DocketPDF/25...

27.02.2026 00:06 👍 495 🔁 86 💬 14 📌 16

Gary Lawson & I are honored to publish “Presidential Removal as Article I, Not Article II” in the
Northwestern University Law Review.

We offer an originalist alternative to Humphrey’s Executor that preserves much congressional discretion over agency independence:
papers.ssrn.com/sol3/papers....

26.02.2026 17:57 👍 6 🔁 2 💬 0 📌 1

3/ @beaubaumann.bsky.social & I owe huge thanks to outstanding scholars:
@nwdonahue.bsky.social @narosenblum.bsky.social @andreascoseriakatz.bsky.social @kexelchabot.bsky.social @emilysbremer.bsky.social @janemanners.bsky.social @levmenand.bsky.social @jdmortenson.bsky.social among many others

25.02.2026 14:18 👍 8 🔁 0 💬 0 📌 0

2/ My co-author @beaubaumann.bsky.social has been on a roll!
He also placed a second article this spring:
“Remembering Congress in the Myers-to-Humphrey’s Interregnum,” in the U. of Pennsylvania Law Review
@upenn.edu
papers.ssrn.com/sol3/papers....

25.02.2026 14:14 👍 5 🔁 0 💬 1 📌 0