Beau Baumann 🍎

Reading law reviews from the late 19th and early 20th centuries when scholars believed law was "scientific" is painful.

Glad to hear Neomi Rao is a frontrunner for SCOTUS. I have a longstanding appreciation for her work and wish her the best if she gets the nomination. 🤡

I'm reading a draft of a @beaubaumann.bsky.social paper and I'm reminded that he needs to be hired quickly and purposefully.

I think it is becoming clear that judicial “overreach” isn’t capturing what it needs to. If it’s used, then SCOTUS and the lower courts are, it seems to me, both fitting the bill in opposite directions.

Have been up from my desk twice today for a collective 10 mins. Happy FAR season to all who celebrate.

I just posted a new paper on @ssrn.bsky.social, titled "The Chadha Presidency". Here's the link, and I'll post the abstract in the next post. papers.ssrn.com/sol3/papers....

Edward Corwin was just so good. Really reminds me of my intro to Rodin in Paris. These guys just towered over their contemporaries. Almost like they were born in the wrong century.

Do it!

I’m glad people like “The Gilded Age,” but I feel like “The Knick” should be mandatory, side-by-side viewing.

My kid can’t talk yet but he goes around and does the Count from Sesame Street’s “AHH-AHH-AHH.” This makes my heart melt. This is a reminder to ruthlessly cull everyone who is gutting public television from office.

More undeniably great after ever reread

Lisa Miller on Checks and Balances and Other Constitutional Myths Lucas and I have had many interesting conversations since our first interview one year ago.

“In some ways, they double down on the problem. ‘Oh, if we just look to the Constitution, that will save us.’ But the Constitution is not going to give you answers to the fundamental questions and problems in American politics.”

PREACH

*problems

You’re pointing to problem baked into the constitutional order. Those are Rana problems. If we have converged on, “yeah the US Constitution put too many roadblocks on effective legislative power” totally happy with that conclusion. But that’s not a problem with Congress.

Any legislation would be vetoed by Trump even if there was the will. I mean, duh?

I think this is very ironic in light of cases like Chadha, which literally turned on the INA.

????!!!! My brother in Christ, they’re rounding up a ton of people in very sketchy ways that have horrified even conservatives. Joe Rogan be like, holy shit I didn’t mean for this to happen.

I’m not so sure your account of the Garcia thing will hold up to scrutiny. Ie., the difference between him and others who are rotting away in a hellscape right now is the political response to his unlawful removal from the country.

I would also consider destroying the contemporary cert system as well and taking away clerks.

Take away the court house, slash their funding, move them back into the basement of the Capitol. Then you pack and do jurisdiction stripping.

Bingo

Legal liberal doesn’t 🟰 liberal

~sigh~

Sure, but ACS is just FS for a lefty liberalism that *you* might like more. That doesn’t make it some kind of neutral org outside of politics. It’s the same w/ CA5 and CA9. You have to assume that a lefty legal liberalism is some kind of baseline for the universe to avoid reality here.

Yeah, and when I go over to X the Fed Soc guys say the same about their teammates.

I don’t know I’d find comfort in an institution with 51 hacks appointed by democrats and 49 hacks appointed by republicans.

And that’s where we depart. I don’t see CA9 as a serious source of governing authority, let alone a neutral body pursuing the law.

I agree with most of this but I think it puts circuit and district courts in too good a light. Have you met the Fifth Circuit? The Ninth?

The problem w/ the “is SCOTUS doing appeasement” convo is that SCOTUS has been acceding to presidentialism and regime change for a very long time. At some point you have to move on from the Ct as principled institution rather than use the fiction as a weapon.

Is that on pro or the base model that you did that?

My takeaway with the NotebookLm is that it can only provide surface level info, not insight at the level scholars need. Tried making a podcast about the unitary executive by uploading the literature. Didn’t really work. It can provide shallow info to the public. Can’t do much for scholars.