@real_beau_bauman

Constitutional Law Prawf @ University of Utah S.J. Quinney College of Law. Formerly YLS, Cornell Law, DOJ.

. . . Also, vintage menswear enthusiast . . .

[@real_beau_bauman @BaumanReal]

I think there’s something here about how the left ought to speak about constitutionalism.

[Anthony Michael Kreis, FRHistS @AnthonyMKreis]

The common law’s history and the American constitution’s story are too valuable to not preserve well. Our rights are not a cheap law review parlor trick.

[Brian Leiter https://bsky.app/profile/brianleiter. @BrianLeiter]

Maybe those justices should be sanctioned?

[@real_beau_bauman @BaumanReal]

So what? Juristocrats aren’t here parsing the historical record for right answers. They wield power to their ends like any legislator, administrator, or president.

[Ilan Wurman @ilan_wurman]

A year and a half ago a federal judge in Washington basically said the Trump Administration view was borderline sanctionable. That view just got 4 votes on the U.S. Supreme Court.

[@real_beau_bauman @BaumanReal]

@RichardMRe @samuelmoyn I really would abhor a redux Warren Court imposing its will on America, TBH.

[Jed Shugerman @jedshug]

The Supreme Court STRIKES DOWN Trump's anti-birthright executive order.
I was honored that Sotomayor cited 5 of my articles in her Slaughter dissent yesterday.
It's a sweeter honor today as Jackson cited my historical work supporting birthright, p. 12-13, forthcoming in UC L.J.

[Jed Shugerman @jedshug]

@AviSiegal @BaumanReal Indeed. See a long list of categories, each quasi-judicial or quasi-legislative, just with new labels.
Roberts majority, pages 27-28:

[@real_beau_bauman @BaumanReal]

You either take on juristocracy ASAP or you watch them destroy even the prospect of multi-racial democracy sooner rather than later. Birthright citizenship is up for grabs over the next decade. Hesitate and it’ll be gone before you can blink.

[Ilan Wurman @ilan_wurman]

It was not 8-1. It was 5-4.

[Samuel Moyn 🔭 @samuelmoyn]

Wow, only 5-4 on the constitutional holding. Trump came within one vote of successfully revising the Fourteenth Amendment almost out of nowhere. Victory for birthright citizenship -- for sure. But almost a defeat. Raising the question of why we are playing this game.

[Avi Siegal @AviSiegal]

The term “quasi-sovereign” appears three times in the Barbara majority opinion. So, color me skeptical about the Slaughter majority’s rejection of quasi-judicial logic… @jedshug @BaumanReal

[@real_beau_bauman @BaumanReal]

Independence has been with us from the beginning?

[Charles C. W. Cooke @charlescwcooke]

It returns us to Article II, which, funnily enough, preceded Humphrey's Executor. https://t.co/dAQim1ykam

[@real_beau_bauman @BaumanReal]

@PrawfBainbridge You really shouldn’t

[@real_beau_bauman @BaumanReal]

Oi8.koq
Bc f lot

[@real_beau_bauman @BaumanReal]

Yes, *this* is when libertarianism will be ascendant in America.

[Casey Mattox @CaseyMattox_]

Humphrey's Executor is overruled. The President is responsible for the full weight of the executive power. If you think that's a lot of power, you're right. Now let's get to work making the executive power much smaller.

[@real_beau_bauman @BaumanReal]

This is much dumber than the spoils system.

[Barb McQuade @BarbMcQuade]

The Slaughter case, overturning precedent, returns us to a spoils system where a president can “clean house” every four years, destroying our professional, independent civil service.

[@real_beau_bauman @BaumanReal]

Taft also believed in the quasi-judicial category. We’re past Taft land. This is early days. Probably to keep picking up momentum.

[Ilan Wurman @ilan_wurman]

This is highly misleading. It addresses only principal officers. Even Chief Justice Taft, in Myers, accepted that the appointment of inferior officers can be vested in the department heads and they can be granted removal protections, creating the civil service. This decision doesn’t even come close to touching that issue.

[@real_beau_bauman @BaumanReal]

@MattGlassman312 There’s just no way. Lawmakers have been experimenting with administrative independence since Early Modern England in an unbroken line. It’s all made up man.

[@real_beau_bauman @BaumanReal]

@cutupcado Gosh, I am wounded avocado man

[@real_beau_bauman @BaumanReal]

This guy doesn’t know what he’s talking about. The basic logic of Humphrey’s goes back to early modern England. It is older than this nation.

[Charles C. W. Cooke @charlescwcooke]

The United States is not 90 years old and the New Deal is not the Constitution.

[@real_beau_bauman @BaumanReal]

@TaylorLorenzNOT Just do the reading. You will learn a lot.

[@real_beau_bauman @BaumanReal]

@TaylorLorenzNOT Dude, there’s like one section on English law in the paper. The rest is USA. The UET is just made up. Doesn’t matter what your historical priors are.