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Jonathan Shaub

@jshaub.bsky.social

law prof, contributing ed @lawfaremedia.org, olc & whco alum... #twindad + 3 extras, expert youth soccer fan, #anchordown interested in presidential power, privilege, accountability, transparency profile here https://law.uky.edu/people/jonathan-shaub

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Shalev Gad Roisman@shalevroisman.bsky.social · last wk.

New draft paper on SSRN: "Fact Avoidance," forthcoming in the Harvard Law Review Supreme Court Issue. This Essay identifies a recurring feature where the Court decides presidential power cases entirely on legal grounds without engaging at all with the facts /1 papers.ssrn.com/sol3/papers....

Fact Avoidance

<p><i><span>The legality of the President’s exercise of statutory power depends on questions of both law and fact. Yet courts often focus exclusively on the for

papers.ssrn.com

Peter M. Shane@petermshane.bsky.social · 2w ago

For the Regulatory Review's annual set of essays on the prior Supreme Court Term, I catalogue the FTC removal case's flaws and expand on the opinion's obliviousness to institutional consequence and pretense that this Court's unanimous predecessors were idiots: www.theregreview.org/2026/07/20/s...

Article II Removal Power and the Roberts Court’s Reckless Hubris | The Regulatory Review

In weakening checks on executive power, the Roberts Court overlooks the wisdom of its predecessors.

theregreview.org

Jonathan Shaub@jshaub.bsky.social · 3w ago

It's official! My article on (failed) and potential methods for investigating & holding the White House accountable is in print. shorturl.at/8KuvI Many thanks to @washulawreview.bsky.social for the careful edits & to @jotwell.bsky.social & Margaret Kwoka for the kind review here shorturl.at/xKTx3

White House Inspection – Washington University Law Review

Attempting to hold the President and White House officials accountable necessarily presents a fundamental conundrum—how to balance essential characteristics such as independence and neutrality with el...

wustllawreview.org

Nick Bednar@nicholasbednar.bsky.social · 4w ago

Lawfare (@lawfaremedia.org) is hiring an Associate Editor. The Lawfare editorial team is solid and among my favorite editors to work with. (Hence, why I keep going back to them.) www.lawfaremedia.org/article/come...

Come Work With Us—As Our New Associate Editor!

The Lawfare Institute—publisher of information and insight at the intersection of national security, law and policy—seeks a motivated full-time associate editor based in Washington, D.C.

lawfaremedia.org

Judge Luttig@judgeluttig.bsky.social · 3mo ago

I begin every day by reading Lawfare in these troubled times when the Constitution and Rule of Law are under vicious attack by our own Government. So, I am honored to continue supporting Lawfare, as anyone concerned for the Rule of Law would be.

Lawfare@lawfaremedia.org · 3mo ago

If you’ve relied on Lawfare’s reporting of the litigation over the Trump administration's executive orders, now’s a good time to give back. Even $10/month helps sustain it: lawfaremedia.org/support

LAWFARE If you know me, it's most likely from our weekly Trials of the Trump Administration livestreams or my liveblogs of court hearings. If Lawfare has helped you make sense of the news, we hope you'll be a part of sustaining it. www.lawfaremedia.org/support -Roger Parloff Lawfare Senior Editor
Shalev Gad Roisman@shalevroisman.bsky.social · 3mo ago

Important post on OLC's recent PRA opinion by always-must-read @jshaub.bsky.social I confess, however, that I am less surprised than many by the op, which strikes me as the latest iteration in the burgeoning "Exclusive Powers Presidency" the Roberts Ct has enabled papers.ssrn.com/sol3/papers....

The Exclusive Powers Presidency

Over the last decade, the Roberts Court has quietly transformed separation of powers law by centering the President’s “exclusive” powers. Yet the Court does not

papers.ssrn.com

Jonathan Shaub@jshaub.bsky.social · 3mo ago

Some thoughts from me up today on the shocking OLC opinion declaring the Presidential Records Act unconstitutional, the Justice Dept's defense of the opinion in 2 cases set for hearing tomorrow, what the implications are for presidential records, and what the opinion says about OLC more broadly

Jonathan Shaub@jshaub.bsky.social · 3mo ago

Some thoughts from me up today on the shocking OLC opinion declaring the Presidential Records Act unconstitutional, the Justice Dept's defense of the opinion in 2 cases set for hearing tomorrow, what the implications are for presidential records, and what the opinion says about OLC more broadly

Lawfare@lawfaremedia.org · 3mo ago

Tomorrow, Judge Bates will hear 2 cases aimed at ensuring the Trump administration is complying with the Presidential Records Act, following the Office of Legal Counsel releasing an opinion that the PRA is unconstitutional. @jshaub.bsky.social explains the OLC opinion and the importance of the PRA.

Lawfare@lawfaremedia.org · 3mo ago

Tomorrow, Judge Bates will hear 2 cases aimed at ensuring the Trump administration is complying with the Presidential Records Act, following the Office of Legal Counsel releasing an opinion that the PRA is unconstitutional. @jshaub.bsky.social explains the OLC opinion and the importance of the PRA.

A New Low? Presidential Records and the Role of OLC

An extraordinary constitutional claim from OLC threatens decades of practice—and now faces the courts.

lawfaremedia.org

Julie Novkov@jnovkov.bsky.social · 3mo ago

This amazing image really captures the Tennessee fight and it's all over the internet. I am reposting it to encourage people to credit photographer Nicole Hester and the Tennessean.

Rep. Justin Pearson D- Memphis attempts to attend a Senate Committee meeting and is denied entry by the Sergeant at Arms on the second day of special session concerning redistricting at Cordell Hull State Office Building in Nashville on Wednesday, May 6, 2026.
Prem Thakker ツ@premthakker.bsky.social · 3mo ago

Wow. Chaos on the Tennessee House floor. Tennesseans yelling in the gallery and Democrats locking arms in one final stand, as Republicans vote to advance new congressional maps that will carve up the state’s only majority-Black congressional district.

Prem Thakker ツ@premthakker.bsky.social · 3mo ago

BREAKING—Tennessee Republicans have voted to draw new maps that will *eliminate* the state's only Black-majority district & the only seat held by a Democrat. @justinjpearson.bsky.social: "As long as we never quit, they cannot win. We may lose some battles along the way, but this war is a long one."

Alicia Bannon@aliciabannon.bsky.social · 3mo ago

NEW: I wrote about a battle over judicial independence in Kentucky, including a recent state supreme court ruling barring the impeachment of a judge based on the legislature's disagreement with her rulings. It's a high sakes fight that isn't over yet. statecourtreport.org/our-work/ana...

Kentucky High Court Blocks Judicial Impeachment

The state supreme court's decision asserted judicial authority at a moment when courts’ independence has been under assault across the country.

statecourtreport.org

Jonathan Shaub@jshaub.bsky.social · 3mo ago

I appreciate people are entitled to their own opinions and judgments, but I don't appreciate people dragging other law professors and faculties with admittedly little insight. The critiques and comparisons in this ATL piece of our former dean are gratuitous and false.

Maybell Romero@maybell.bsky.social · 3mo ago

Okay, look, it also happens to be an opportune time for Brian to be getting out of Kentucky and oh man, this ATL article really gets it right re: why. Uf x 1000. abovethelaw.com/2026/04/kent...

Stephen Wolf@stephenwolf.bsky.social · 4mo ago

Kentucky’s Supreme Court blocked Republican lawmakers from removing a judge from office solely because they disagreed with her rulings. The court said this didn’t meet the constitutional requirement of a “misdemeanor in office” and letting lawmakers remove judges on that basis would be “tyrannical”

KY Supreme Court terminates impeachment of Fayette Judge Julie Goodman

The state’s highest court on Monday ordered the impeachment proceedings be stopped, because they violate Kentucky’s separation of powers.

kentucky.com

Bailey Barnes@baileydbarnes.bsky.social · 4mo ago

My article, Factual Immunity, is forthcoming in the Minnesota Law Review. I argue that, alongside qualified immunity, some courts in constitutional tort suits employ what I call factual immunity by crediting officer testimony & discounting plaintiffs’ stories at summary judgment when QI is raised.

FACTUAL IMMUNITY Bailey D. Barnes 111 MINNESOTA LAW REVIEW — (forthcoming 2026) ABSTRACT Qualified immunity protects government agents from suit and liability unless they deprive another of a clearly established right. This Article argues that constitutional tort litigation is also affected by a supplemental barrier for plaintiffs seeking relief: factual immunity. By making inherent credibility determinations and subtly weighing evidence in favor of government defendants on summary judgment, courts are protecting officials from trial despite the presence of genuine disputes of material fact in the record. Relying on close analysis of recent appellate decisions, this Article shows how some judges credit officers' testimony, discount plaintiffs' evidence, and regard evidentiary ambiguities as reasons to grant, rather than deny, qualified immunity on summary judgment. Unlike qualified immunity, factual immunity is not grounded in the common law. It is a distortion of the summary judgment standard that reallocates fact-finding responsibility from juries to judges, depriving plaintiffs of accountability and weakening the constitutional tort system. This Article makes three core contributions. First, it names and theorizes factual immunity, identifying how courts convert factual doubt into deference to defendants. Second, it acknowledges the institutional pressures that incentivize its use, including the Supreme Court's one-sided qualified immunity signaling and misapplications of Scott u. Harris's blatant contradiction exception. Lastly, it describes how factual immunity magnifies the harms of qualified immunity by stunting constitutional development, undermining deterrence, and denying injured plaintiffs their constitutional right to a jury. This Article concludes with proposals to restore the boundary between law and fact in constitutional tort litigation. Qualified immunity may be here to stay; factual immunity should not.
CosmoQuest@cosmoquest.org · 4mo ago

There are now 10 toilets in Space International Space Station: 4 Crew Dragon Docked at ISS: 1 Soyuz Docked at ISS: 1 Tiangong Space Station: 2 Shenzhou Docked at TSS: 1 Artemis II on way around Moon: 1 This will be the first time a toilet has left low earth orbit!