Inaugural substack from the great @katejackson.bsky.social! I think the last few paragraphs are exactly where I come out.
Neumann v. Pollock v. Big Tech’s Fabulist Capitalism
Explorations in “WTF is our political economy today?!”
substack.com
Beau Baumann 🍎
@beaubaumann.bsky.social
Constitutional Law Prawf @ University of Utah S.J. Quinney College of Law. Formerly YLS, Cornell Law, DOJ. (Account does not represent opinions of my employer) . . . Also, vintage menswear enthusiast . . .
Inaugural substack from the great @katejackson.bsky.social! I think the last few paragraphs are exactly where I come out.
Neumann v. Pollock v. Big Tech’s Fabulist Capitalism
Explorations in “WTF is our political economy today?!”
substack.com
Inaugural substack from the great @katejackson.bsky.social! I think the last few paragraphs are exactly where I come out.
Neumann v. Pollock v. Big Tech’s Fabulist Capitalism
Explorations in “WTF is our political economy today?!”
substack.com
I mean yeah, but also, we’re like a decade into serious court packing conversations, and nobody on the left flank has tried to instututionalize. Very woeful. Also, its a good reason to distrust that anything serious is gonna come out of 2028.
I agree with that buddy! I always been impressed by the conservative community’s commitment to mentoring and organization. The legal left is obsessed with hierarchy.
A major problem on the legal left (more narrowly construed) is a severe lack of institutionalization.
American Moment “takes in 15-30 paid fellows each semester…and teaches them to tuck in their shirts, shower daily, and network relentlessly.” By Ben Smith, 10/21/26 … 1/ www.semafor.com/article/10/2...
A major problem on the legal left (more narrowly construed) is a severe lack of institutionalization.
American Moment “takes in 15-30 paid fellows each semester…and teaches them to tuck in their shirts, shower daily, and network relentlessly.” By Ben Smith, 10/21/26 … 1/ www.semafor.com/article/10/2...
on some level, this is just a form of anti-politics.
A helpfully clear exchange here Hasan: "So your argument is that [Minnesota ICE protesters] should stay at home because immigration is a salient issue for Donald Trump. Opposing ICE is only going to help Trump. Wait until we win the election in 2028." Yglesias: "Yes that is what I would have said"
Prakash very clear that originalists probably going to push UET past principal officers. Civil service up for grabs.
We’ve invited Sai Prakash to Utah for a debate. He said that Humphrey’s Executor resulted from the tyrannaphobia of 1935. It’s bogus, fugazi (he says). Once again reminding us all that this idea is ~crucial~ in the internal world of Unitarians. @jedshug.bsky.social @narosenblum.bsky.social
I just think we should recommit to brakes on hierarchical political authority. Sometimes, there will be costs to that commitment.
What Jamal said. Do you think the POTUS and agency heads would get better legal advice from agency general counsels? From the White House Counsel?
For those in the Boston area, don't miss the 2026 BU Law Review Conference on Presidentialism and the Escalation of Executive Power. Featuring panels on Presidentialism and Political Economy, Legal Interventions to Executive Overreach, Administrative Law, and much else! www.bu.edu/law/engageme...
As usual, @beaubaumann.bsky.social articulates the intellectual stakes of our shared project wonderfully: Instead, if industrial policy, administrative democratization, and countervailing power are to succeed, they must be embedded in a settlement that restores legislative primacy.
OLC, OIRA, ICE. Time to rediscover the subtle art of rat fucking institutions that are designed to screw you and yours.
OLC, OIRA, ICE. Time to rediscover the subtle art of rat fucking institutions that are designed to screw you and yours.
What Would a Russell Vought of the Left Look Like?
If we are to realize the dream of post-Trump reconstruction, policy reform will not be enough. We must articulate a constitutional politics capable of dismantling both juristocracy and the modern…
lpeproject.org
I see that there is a wapo story a few days ago about the office of legal counsel so this is my cue to remind you that the best time to have abolished OLC was the day after it was formed, the second best was the day after torture memos, and the third best is today.
When they do silly things, it’s often just that they are deeply unserious people.
Succession Logan Roy: You Are Not Serious People
ALT: Succession Logan Roy: You Are Not Serious People
static.klipy.com
I don’t really understand bad faith accusations against the Court. They seem to assume a far more serious mode of governing authority than what’s on offer.
I've been rereading Fraenkel's "The Dual State" lately. And I came upon a page of this absolute banger classic that appears to contain a misleading error. That error sent me on a search for a young protege of Carl Schmitt in Nazi Germany who push Schmittian law to its limits.
Schmitt’s Apprentice, Pt. I
Recovering a “Lost” Uber-Schmitt of the Third Reich
bbaumann.substack.com
Me: “SCOTUS’s juristocrats are a threat to democracy.” Liberals: “very dangerous talk young man.” Juristocrats: “SCOTUS’s juristocrats are a threat to democracy.” @jpygold.bsky.social
Kagan diagnoses American democracy with a Supreme Court problem “The court has kind of blinded itself to the very deleterious effect of their rulings on how the political system works, and has created a democracy that does not work as well as it should” www.courthousenews.com/kagan-diagno...
I've been rereading Fraenkel's "The Dual State" lately. And I came upon a page of this absolute banger classic that appears to contain a misleading error. That error sent me on a search for a young protege of Carl Schmitt in Nazi Germany who push Schmittian law to its limits.
Schmitt’s Apprentice, Pt. I
Recovering a “Lost” Uber-Schmitt of the Third Reich
bbaumann.substack.com
A thoughtful post! Ironically, the thing that Vladeck and I agree on is that you ought to go in w/the expectation that the GOP retaliates. In the process, they destroy the juristocracy.
Last week, Steve Vladeck raised four questions about expanding the Supreme Court. This post address each and explains why expansion to 13 justices in 2029 remains essential.
My friend @fredbjacob.bsky.social has this banger piece of admin/con law/labor law scholarship live, and I think his work is well worth your time!
administrativelawreview.org
This is a fun podcast @lawandchaospod.bsky.social I just discovered. The back end is bonus content about the debate between @stevevladeck.bsky.social and I on court reform. It's very interesting. I don't think either of the hosts are into Steve's plans and arguments. But . . .
Ep 272 — SCOTUS vs. All Living Things
SCOTUS orders list forecasts next session; Trump defamation v. BBC; Stanley Woodward being a doofus; oral argument in Presidential Records Act case
substack.com
Whenever I’m rarely asked for advice on writing, I usually baffle my interlocutor by offering something along the lines of: “invest in a balling-ass robe.” I seem unhinged in the moment. But then fall rolls around and I appear like a prophet.
Okay, I'm just going to acknowledge that I should already know this and whateva. If I'm doing a parenthetical quotation that is a translation of a non-English text, how do you communicate that it's a translation in a bluebook footnote?
Loved this article by @beaubaumann.bsky.social — the phrase about "hospice care for a beleaguered republic" gave me goosebumps for real.
@andrewtorrez.bsky.social sounds like an old-school liberal. Like he talks about his appreciation for Dworkin. So there's some very totally fine pushback on my piece, which I very much appreciate. Frankly, hearing Dworkin stans go for Ct reform is enough for me LOL. Perhaps a sign of the times.
Thanks for the kind words! Prof. Baumann’s article is a great think piece & we all need to have our baseline assumptions challenged. I am on record (video, even!) in 2017 arguing against court expansion for essentially Vladek’s reasons. But 2025+ SCOTUS is just… not a court in any sense.
But hey this pod seems like a total banger. I learned a lot from the front end too. Let me know if y’all ever wanna chat about this stuff more. :)" Thanks for the engagement and great pod @andrewtorrez.bsky.social and @lizdye.bsky.social
This is a fun podcast @lawandchaospod.bsky.social I just discovered. The back end is bonus content about the debate between @stevevladeck.bsky.social and I on court reform. It's very interesting. I don't think either of the hosts are into Steve's plans and arguments. But . . .
Ep 272 — SCOTUS vs. All Living Things
SCOTUS orders list forecasts next session; Trump defamation v. BBC; Stanley Woodward being a doofus; oral argument in Presidential Records Act case
substack.com
If you happen to be in Miami this Wednesday evening and are thinking to yourself, "What I'd really like to do with a Wednesday evening in Miami is attend a lecture on the law/politics distinction!" then ... you're in luck! events.miami.edu/event/what-i...
"What is the "Politics" in the Law/Politics Divide?" with Prof. Josh Chafetz
events.miami.edu
#ELB: RNC takes advantage of Supreme Court decision permitting it to coordinate with candidates by pumping $50 million into midterms https://electionlawblog.org/2026/rnc-takes-advantage-of-supreme-court-decision-permitting-it-to-coordinate-with-candidates-by-pumping-50-million-into-midterms/
I saw a presentation of the underlying evidence this analysis is based on a while back & it contributed much to my growing fear that an alarmingly large share of Americanist political scientists are constitutionally (no pun intended) incapable of recognizing what's happening to their N of one.
Its resilience rests not on politicians’ restraint but on the robustness of institutional arrangements, writes Frances Lee
Me: “okay, let’s keep it real gang. You guys are the inheritors of a failed tradition. Time to move past the liberal predecessors who got us in this mess.”
It's a little funny to me that ACS invited you, given how much you've railed against ACS. 😉 Happy they did, though!
Found a lot of good stuff at a used bookstore in Berkeley. And if you’re thinking, “well since when does Beau care about the political economy of early twentieth century Italy?” Patience young man!
These students were great. Somebody was like, “hey but what should the lefty response to originalism be?” And I was just like, your response should be destroy the juristocracy (lol). After that? Your North Star should be multiracial democracy.
I got invited to Berkeley to give a talk and was given practically no rules on what I could talk about. So, I guess that means I get to play it straight? Some of my opening remarks below. 👇🏻