Today in Lawfare: Trump's plan to screen federal job applicants for political allegiance is flagrantly unlawful. We explain why and what litigants might think about.

Reports of the death of universal preliminary relief are greatly exaggerated—at least as to final agency action. From me, today, in @justsecurity.org:

I’m encountering the word “munch” a lot lately and I do not care for that word at all. 🥴

Great & provocative paper and 🧵 from Jordan on what admin law might have to say about agencies using genAI & machine learning for rulemaking. Includes a superb research agenda for scholars wondering where to dig in. ⬇️

The Trump administration has made clear that it is going to use AI to supercharge deregulation. What do the doctrines of administrative law have to say about AI? A new Issue Brief from me and GFI explores that question. governingforimpact.org/wp-content/u...

AI is going to have a huge role in federal rulemaking. It probably already does. The public should push agencies to disclose how they are using AI. Me, in Notice & Comment, on one way to do so: www.yalejreg.com/nc/seeking-d...

I have a piece in Lawfare today exploring a supporting player in litigation against executive action—nonstatutory review. A quick take on a big topic.

"Despite the Court’s rejection of the application of this doctrine in Nuclear Regulatory Commission, nonstatutory review is likely to remain a valuable tool in pending and future challenges to the administration," writes @j-p-a.bsky.social. www.lawfaremedia.org/article/nrc-...

Extremely enjoyable baseball experience.

What comes next after CASA? “Universal” relief remains possible, explain John Lewis and Jordan Ascher. The APA and other equitable remedies can still block unlawful executive actions nationwide. A must-read primer. 👇 www.justsecurity.org/116162/unive...

Cut through the noise on universal injunctions and learn about the current state of play with me and @jtlew3.bsky.social.

The Administrative Procedure Act is all anyone's talking about these days. My org, Governing for Impact, has just put out a nine-part (!) library of primers on what APA litigators need to know. It's all here: governingforimpact.org/apa-library/

This illustrates how the Supreme Court facilitates presidential authoritarianism. By declining to enforce federal laws that bind the president—except for laws it likes—it invites presidents to challenge legal boundaries. Our democracy needs a court that enforces federal law, not one that defies it.

The Supreme Court’s notorious recent decisions construed federal laws criminalizing certain acts by state and local officials; they should not be treated as authoritative treatments of the word “corruption.”

Great bit from the MTA’s preliminary injunction motion in the congestion pricing case.

In its accidentally disclosed memo, DOJ argues that the agreement authorizing congestion pricing can lawfully be terminated under OMB grant rescission regulations. Maybe; there's a lot of pending litigation regarding those regs. But, as a first cut, the argument sounds weak to me.

“Disorder in the Court: U.S. DOT Lawyers Upload Memo Admitting Their Congestion Pricing Case is Weak” — nyc.streetsblog.org/2025/04/24/d...

But not scrubbed from our hearts or my Google Drive.

So, uh, it certainly looks like DOJ intended to file a letter to Judge Liman in MTA v. Duffy, but….it accidentally filed a letter containing its legal advice to the Department of Transportation instead storage.courtlistener.com/recap/gov.us...

It appears so.

“[T]here is considerable litigation risk in defending the Secretary’s [congestion pricing directive] under the Administrative Procedure Act, that the decision was contrary to law, pretextual, procedurally arbitrary and capricious, and violated due process.” storage.courtlistener.com/recap/gov.us...

Did the Federal DOT just accidentally file a letter containing legal advice from the DOJ, instead of a letter addressed to the Judge, in the MTA v Duffy case?

The Department of Transportation appears to have filed an internal DOJ memorandum that is extremely damaging to its litigating position in the congestion pricing lawsuit. @ndhapple.bsky.social storage.courtlistener.com/recap/gov.us...

The sunset in new york is unmatched. Here's a watercolor i did from the RFK bridge.

Even the small coal serving as my heart cannot help but be cheered by the Harvard news.

Say hello to a new subway map! 🗺️ Today, the MTA unveiled a new subway diagram that provides riders with essential travel information in an easily readable, bright, and orderly manner.

The NYU-Marron report on electrification is out: It pairs electrification and other components to develop a high-throughput infrastructure design framework, which slashes time off of existing commuter and inter-city passenger rail services. We call it Momentum -- transitcosts.com/wp-content/u...

Yes, thank you, Judge Millett.

Copy of the MTA lawsuit against Duffy/USDOT/FWHA is here -- storage.courtlistener.com/recap/gov.us...

This is so awesome for New York.

New Jersey, soon.

By our friend the filmmaker Steven Ascher, a powerful, provocative, visually arresting brief film for our times. Twelve minutes long. For now available free on Vimeo. Check it out. Details here: fallows.substack.com/p/looking-fo...

Not to mention that they shut it down all summer and *still* shut it down every weekend.