Beau J. Baumann
@beau_baumann
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Ph.D. candidate at the Yale Law School; admin law + legislation + separation of powers + immigration law; former appellate attorney at DOJ.
New Haven, CT
Joined March 2015
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Pinned Tweet
We have a son!!! Harvey Felix Baumann Inojosa.
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Just adding to the chorus that this is the best thing you can read today. It’s by
@joshchafetz
who was kind enough to give me a shoutout that’s made my whole summer!
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👋👋👋👋 They should all report anything closely resembling a gift. This is an institutional failure.
No liberal or progressive critic of the conservative Justices- not one - thinks the Court's liberals should be held to the same standards.
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This is within weeks of the conservative justices inquiring about the fairness of student-loan forgiveness. Like, come on.
At the end of this video, Judge Duncan mocks the idea of judges trying to decide what’s fair. Not our job he says. He’s wrong. In the open spaces of the law, judges should absolutely consider what’s fair (and they do, many like this guy pretend otherwise).
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Had a ton of surgeries/procedures over the last few months to fix a nerve problem. Bones, teeth, gums, all had to go. Finally done with all the pain and procedures today. This was a journey y’all.
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The four stages to understanding the MQD (I swear I'll shut up after this)
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I believe in my bones that the failure to severely punish a ton more traitors at the end of the civil war was one of the catastrophic policy errors in American history. Only communicated that they were not in fact traitors to dimwits.
Robert E. Lee is the definition of a traitor. He's also a loser.
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Okay guys, paper alert 🚨 🚨🚨
@tphillips
and I have put up “The Major Questions Doctrine’s Domain”
1/x
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(1) Volume IV of the MQD Reading List is live on Notice & Comment. B/c of the sheer volume of materials, I've changed the format slightly. The new format slots things into MQD "trigger" pieces, "ontology" pieces, the MQD's "domain," among others.
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An initial thought coming out of Moore v. Harper is that the reasoning and actual outcome is very consistent with the “power grab” or “imperial judiciary” critique of the Roberts Court. 1/x
CC:
@joshchafetz
@marklemley
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I think I can say publicly that I’m moving to Connecticut! Any tips and tricks for fun are much appreciated!
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In case you missed it because of the holiday,
@AllenSumrall
and I dropped a new paper that’s all about how we can describe judicial power in the Roberts Court era with a high level of nuance. (Link @ the end) . 1/x
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Listening to a podcast where Neomi Rao is marveling that no one out there is really trying to argue that the admin state is consistent with the text and structure of the Constitution. Excuse me while I scream into the void.
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CJ Roberts is really leaning into the fact that the MQD, once triggered, is a death sentence. The text just doesn’t matter at that point.
FYI, this is terrifying.
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The Barrett concurrence is going to be the thing to read. She basically says MQD is indefensible as a substantive canon. (CC:
@DanielEWalters_
), it has to be about “context.” (CC:
@ilan_wurman
and
@rddoerfler
). 1/x
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Now baby boy is sick, so would appreciate all good vibes.
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Today seems like a good day to reup our paper claiming that the exceptional feature of the Roberts Court is it’s rhetoric demeaning other constitutional actors:
…
Justice Alito tells the
@WSJ
that Congress has no business policing SCOTUS. "I know this is a controversial view, but I’m willing to say it... No provision in the Constitution gives them the authority to regulate the Supreme Court—period."
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Side note, but have stopped referring to any of them as “Justice.” Willing to keep the pretense going in coauthored work, but otherwise dropping the title. Not about this Court specifically. I really just think we need to stop mystifying the priests in robes.
New Notice and Comment blog post about the student loan case and the MQD.
Let’s talk about that Barrett concurrence (on the “contextual major questions doctrine”), by Beau J. Baumann - Yale Journal on Regulation
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I find it so liberating to completely and publicly acknowledge that I know nothing about criminal law and to just completely ignore the Trump cases. Unless Chevron or the MQD come up, it’s a hard pass on commentary from me.
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New update for the admin tweeps!
The Major Questions Doctrine Reading List, by Beau J. Baumann
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New Notice and Comment blog post about the student loan case and the MQD.
Let’s talk about that Barrett concurrence (on the “contextual major questions doctrine”), by Beau J. Baumann - Yale Journal on Regulation
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I’m calling it at 11:30 AM Texas time, this is our tweet (X?) of the day.
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@Hammbear2024
@jdmortenson
@joshchafetz
@nikobowie
@jadler1969
@espinsegall
HERE’S OUR PAPER, IT’S REALLY INTERESTING. CT BAD, PLEASE RETWEET.
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I met Frank Easterbrook early on in law school and he warned me that I had to learn to sniff out “soft-headed” lawyers regardless of platform, ideology, and politics. The legal prof ain’t a meritocracy.
I would humbly suggest that the people on this pod are not worth your time.
- Holmes believed in judicial restraint.
- Holmes believed in eugenics.
- Eugenics bad.
- Therefore, judicial restraint bad.
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Americana admin law sighting in the wild. You absolutely hate to see it.
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Well it's been a few days with a Mac and I now swear allegiance to Apple and to Steve Jobs ghost. These things are superior across the board.
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Just gonna go ahead and ring the admin alarm one more time that people really need to get familiar with this case. Paul Clement and the other monied forces of evil are gonna try to expand the MQD to banal enforcement actions to override decades-old precedent.
Almost all of the arguments in this Clement & Murphy brief would be compelling without a major questions doctrine. But here we are, in the stupidest timeline.
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When the Nomadic Warriors of Illinois become skeptics of our juristocracy, it all suddenly seems worth it 🥹
At the overreach of Judges, the Khan’s patience wears thin…
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Got to spend the first half of my birthday at
@AdLawCenter
workshopping some great drafts. Got to meet many HUGE influences. E.g.,
@jedshug
@ChadSquitieri
@EliNachmany
31 and living the dream 🎉🥳🥳
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Happy July 4th everybody! 🇺🇸🇺🇸 in the spirit of the holiday,
@AllenSumrall
and I just uploaded our short essay “Clarifying Judicial Aggrandizement.” This paper offers a taxonomy for understanding different dimensions of federal judicial power. 1/x
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While she is at least trying, I think you have to keep in perspective that her work is deeply at odds with itself and with the positions she staked out as a scholar.
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Feels great having another paper out in the world after taking some cycles off. Working with Allen was a blast. Keep watching this guy. I think his dissertation is gonna be 🔥🔥🔥 You can find the link to the paper in Allen’s thread and learn about these 🧑⚖️🧑⚖️🧑⚖️🧑⚖️ we have.
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🚨🚨🚨Coinbase has filed its motion for judgment on the pleadings w/ an MQD argument. Because there is no legislative rule at issue in the case and because the relevant question is already governed by a judicial standard, this would be a monumental expansion of the MQD.
Today,
@coinbase
filed our brief asking the Court to dismiss the SEC’s case against us. Our core argument is simple — we do not offer "investment contracts" as that term has been construed by decades of Supreme Court and other binding precedent. 1/3
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New blog post up getting some long running concerns with APA originalism off my chest. 👇👇👇
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Cert petition bringing up something the Court will have to contemplate. If we take the MQD seriously and it’s trans-substantive, then much of national security/foreign relations law is on the chopping block.
This is a problem with the doctrine. Watch them duck this for years.
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You: had children to fulfill some civic aspiration.
Me: had a child to have a movie buddy for all the shitty films my partner refuses to watch.
We are not the same.
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Like I went to every one of these when I was in law school and picked up basically nothing. I seriously doubt whether the lives of *Stanford Law students* would be affected if judges stopped coming to blather.
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Just had a total blast talking to
@DanielEWalters_
’s class in Fort Worth on all things major questions doctrine! Gosh I miss law school 😭😭😭
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Very glad my wife and my very good friend are getting some much deserved recognition for their post-conviction work! So proud! 🥹🥹🥹
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This argument makes no sense. Enforcement actions are the core of Art II law enforcement. It’s nationwide legislative agency actions—what coinbase has *asked* the SEC to do—that pose SOP problems under the MQD. The MQD has *never* applied to a comparable enforcement action.
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Yale Law Journal - Coordinated Rulemaking and Cooperative Federalism’s Administrative Law
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Saw a trio of bears! So lucky. Look at how the lil’ one gets jazzed.
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- Holmes believed in judicial restraint.
- Holmes believed in eugenics.
- Eugenics bad.
- Therefore, judicial restraint bad.
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As usual, the best predictor of what this SCOTUS will do is how it can maximize its power vertically and horizontally. Here it gets to its preferred result *while* getting Brownie points for rejecting ISL. 3/3
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Tweet of the day
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One way you could see this go very bad is if fed cts punished st cts for departing from their preexisting and deferential standards for reviewing legislatures’ work product. IOW, if they extend their anti-novelty bias against substantively reasonable but *novel* st ct decisions.
Agree with my
@nyulaw
colleague
@RickPildes
that this is not a complete repudiation of ISLT/fanfic. Court is really vague about what state courts can do in interpreting state constitutional provisions. We'll see more litigation in the future.
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In case you missed it while Twitter was pulling the rugs out from under us, this thread is a great use of your allotted tweets for today
Barrett's concurrence in Biden v Nebraska is interesting + has lots of good stuff. But I don't think her core move works. At all. Curious for others' thoughts...if anyone even sees this 🫠
Her goal is to defend Major Questions Doctrine against charges of judicial activism. 1/
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I would quibble with Jon on some details here but the thrust is important for left legal folks to hear. You can dish on the Roberts Court but we should def be honest about the fact that it is just the apex of long-running trends.
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District court turns away MQD challenge from Walmart in an enforcement proceeding because the relevant question already has a judicially administrable standard. This is one of two exceptions to the MQD advanced by
@tphillips
and I. Link to our park below 👇
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4 briefs, 3 pieces of scholarship, and 2 surgeries this summer. Bring it
Okay guys, paper alert 🚨 🚨🚨
@tphillips
and I have put up “The Major Questions Doctrine’s Domain”
1/x
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I do not mean to opine on another system but this quote is cray.
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New blog post. Might be of interest to
@jedshug
@BlakeProf
@jadler1969
@kvj2108
Sorry for any typos. I worked on this amidst a family visit to the rodeo down in Houston ¯\_(ツ)_/¯ I will add any notes if I've mischaracterized anyone's position.
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@AnthonyMKreis
Rather good unfortunately. He’s hitting all the notes he needed to. Very restrained.
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Cooking up a new article with
@tphillips
on whether the MQD could apply to the SEC’s regulation of crypto assets. Let’s just say we are skeptical 🧐
DM me if you’re interested in a draft. Comments are much appreciated.
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@Anastasia_esq
@CatoInstitute
@CatoOnLaw
@CmteForJustice
@Thomas_A_Berry
@IsaiahMcK1787
Can you guys point to a single case ever that has justified Chevron on the the basis that Congress can delegate Article III power?
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@jadler1969
@poorly_hidden
@nycsouthpaw
But everybody knew about Martin Ginsburg. I have no idea whether Gorsuch broke a rule or not. I think people are just surprised he wouldn’t proactively do the right thing and maximize transparency with the public for no other reason than vibes.
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My pit-bull is officially afraid of the curtains because of the lovely Connecticut breeze.
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Increasingly common defense of MQD: “well it keeps them from doing the nondelegation doctrine!” Lol. I think capitulation is going to be a big theme of the next two years along with unheard calls for reform.
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Omg, New England is lovely 😍😍😍 why was I melting constantly in Texas?!
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100% basically, this argument is crash course in judicial aggrandizement
Roberts asking about MQD and suggesting that, if the Court cannot opine on the loan program, it would violate the SOP is very telling about his views about what role the judiciary *ought* to play—police the SOP, always be involved, dictate the terms, & have the final say.
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Posted this on Insta and it was taken down for inciting violence 😂
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💯💯 it is totally fine to say that a question doesn’t have a good answer and neither side has the goods
We then address the APA originalism debate, which we find at best muddled at this point (I.C) and respond to the constitutional arguments, spending extended time on the Article III argument (I.D).
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