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Andrea Scoseria Katz @andreascoseriakatz.bsky.social · 10/07/2026

@janemanners.bsky.social and I shared some thoughts on @justsecurity.org on the uses and misuses of history on the Court's recent Slaughter decision. Whatever we want to say about the history of officer removal, it's not, as CJ Roberts put it, "lost to history." t.co/SoejegGfxM

t.co

https://www.justsecurity.org/145132/lost-history-slaugther-cook-scotus/

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Just Security @justsecurity.org · 10/07/2026

In the Slaughter and Cook cases, the Supreme Court misread history with an unmistakable result: two fundamentally irreconcilable decisions, argue @andreascoseriakatz.bsky.social (Andrea Scoseria Katz) and janemanners.bsky.social (Jane Manners).

justsecurity.org

“Lost to History”: Uses and Abuses of the Past in Slaughter and Cook

In these two cases, the Court misread and ignored history with an unmistakable result: two fundamentally irreconcilable decisions.

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Andrea Scoseria Katz @andreascoseriakatz.bsky.social · 25/06/2026

Ahead of the Supreme Court’s release of Trump v. Slaughter, I blogged about the key precedent the Court will probably rely on (and misread). Thanks to @donmoyn.bsky.social for the opportunity to guest blog. open.substack.com/pub/donmoyni...

open.substack.com

Taft at the Beach

What the Supreme Court Misses About a Key Unitary Executive Precedent

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Jamal Greene @jamalgreene.bsky.social · 15/02/2025

Worth a read. The purpose of the Citizenship Clause was *precisely* to prevent spun up theories based on hypothesized social contract, virtue, allegiance, community membership, etc., from being used to deny citizenship. The 14th Amendment means what it says.

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Jed H. Shugerman @jedshug.bsky.social · 16/02/2025

I dug into the only US source cited by Randy Barnett & Ilan Wurman for their theory - against birthright citizenship - in @nytimes @nytopinion: Edward Bates in 1862. He doubly contradicted their argument: "Birthright Citizenship: The Bates Backfire" shugerblogcom.wordpress.com/2025/02/16/b...

shugerblogcom.wordpress.com

Birthright Citizenship: Barnett & Wurman’s NY Times Essay and their Bates Backfire

Randy Barnett & Ilan Wurman had a guest essay in the N.Y. Times on Feb. 15th: “Trump Might Have a Case on Birthright Citizenship.” The bottom line is that their essay backfires, bec…

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southpaw @nycsouthpaw.bsky.social · 14/02/2025

AUSA Hagan Scotten, former clerk for John Roberts, really put some mustard on his resignation letter.

BY EMAIL
Re: United States v. Eric Adams, 24 Cr. 556 (DEH)
Mr. Bove,
I have received correspondence indicating that I refused your order to move to dismiss the indictment against Eric Adams without prejudice, subject to certain conditions, including the express possibility of reinstatement of the indictment. That is not exactly correct. The U.S.
Attorney, Danielle R. Sassoon, never asked me to file such a motion, and I therefore never had an opportunity to refuse. But I am entirely in agreement with her decision not to do so, for the reasons stated in her February 12, 2025 letter to the Attorney General.
In short, the first justification for the motion-that Damian Williams's role in the case somehow tainted a valid indictment supported by ample evidence, and pursued under four different U.S. attorneys is so weak as to be transparently pretextual. The second justification is worse.
No system of ordered liberty can allow the Government to use the carrot of dismissing charges, or the stick of threatening to bring them again, to induce an elected official to support its policy objectives.
There is a tradition in public service of resigning in a last-ditch effort to head off a serious mistake. Some will view the mistake you are committing here in the light of their generally negative views of the new Administration. I do not share those views. I can even understand how a Chief Executive whose background is in business and politics might see the contemplated dismissal-with-leverage as a good, if distasteful, deal. But any assistant U.S. attorney would know much i i red oril, in this ily. wing the perset arthro he Reside is ving to,
give him that advice, then I expect you will eventually find someone who is enough of a fool, or enough of a coward, to file your motion. But it was never going to be me.
Please consider this my resignation. It has been an honor to serve as a prosecutor in the
Southern District of New York.
Yours truly,
Hagan Scotten
Assistant United States Att…

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Reposted by Andrea Scoseria Katz

Barb McQuade @barbmcquade.bsky.social · 14/02/2025

DOJ leadership has put all Public Integrity Section lawyers into a room with 1 hour to decide who will dismiss Adams indictment or else all will be fired. Sending them strength to stand by their oath, which is to support the Constitution, not the president’s political agenda. 🇺🇸

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Andrea Scoseria Katz @andreascoseriakatz.bsky.social · 09/02/2025

Two new pieces from me on the Roberts Court, the presidency and the administrative state: (1) Separation-of-Powers Lochnerism (papers.ssrn.com/sol3/papers....) and (2) Taking Legality Seriously: What the Major Questions Doctrine Is - And Isn’t (with @BlochOfra) (papers.ssrn.com/sol3/papers....)

papers.ssrn.com

Separation-of-Powers Lochnerism

One hundred and twenty years ago, the Supreme Court handed down one of the single most notorious opinions ever rendered, striking down a New York labor law for

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Reposted by Andrea Scoseria Katz

Rick Hills @rickhills.bsky.social · 03/02/2025

Ofc the giant question is whether decisions like Loper Bright construing the APA and limiting agencies will affect SCOTUS’s reading of Article II to limit presidential power. Good news: Most statutes delegate their implementation to agencies. Bad news: civil service laws delegate directly to Prez.

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Noah Rosenblum @narosenblum.bsky.social · 21/11/2024

Not to be missed — including a new article by the always brilliant @andreascoseriakatz.bsky.social!

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Andrea Scoseria Katz @andreascoseriakatz.bsky.social · 18/11/2024

Happy to see this in print! jach.law.wisc.edu/regime-of-st... Basically, I argue that the modern president is built earlier than we generally understand—Reconstruction/Gilded Age—and piece by piece, out of statutes where Congress delegated powers to the office. (1/3)

jach.law.wisc.edu

A Regime of Statutes: Building the Modern President in Gilded Age America (1873-1921)

by Andrea Scoseria Katz At a time when the Supreme Court is turning its sights on the administrative state and enhancing the profile and powers of the president, it is worth recalling that behind our ...

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Andrea Scoseria Katz @andreascoseriakatz.bsky.social · 03/12/2023

Here's some new work of mine. SCOTUS's current view of the president rests largely on one case, Myers v US (1926). But Myers is a false friend: it took a sharp detour from past separation-of-powers cases, misread history and precedent, and created nothing like the presidency we have today (1/2)

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Andrea Scoseria Katz @andreascoseriakatz.bsky.social · 03/12/2023

Hello Bluesky! I'm tentatively glad to be here.

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