- 1/x @jedshug.bsky.social and I have put up an updated version of our paper, "Quasi-Judicial: A History and Tradition," up on SSRN. This paper shows that the quasi-judicial function from Humphrey's Executor is simpatico w/ both originalism and a history-and-tradition approach.Feb 3, 2026 20:15
- 2/x The paper pivots off the literature. The Founding was underdetermined on removal and executive control of administration. W/ that in mind, a history-and-tradition analysis would vindicate the quasi-judicial function. This paper is one of the first to flesh out H&T in structural con law.
- 3/x We find evidence from the English legal backdrop, the Early Republic, and all across the nineteenth century to show that an unbroken chain of Americans reflexively sought to insulate administrators who wielded judge-like functions or sensitive financial tasks.
- 4/x This paper provides a good reason that the Roberts Court ought to avoid overruling Humphrey's, or at least save the quasi-judicial function w/ a pivot to Wiener. TBH, this isn't an exception to the UET. It's an existential challenge.
