Out today in Just Security - Aaron Baum and I on how the Trump administration is using consent decrees to try to enact policy changes outside the regulatory and legislative processes. Courts should refrain from rubber-stamping these improper and collusive agreements.

And just like that -- a court has now held that Alina Habba's appointment was unlawful, relying upon the broader theory alluded to in the Cuccinelli decision (that post-vacancy first assistants are impermissible under the FVRA). Back to the drawing board for DOJ!

An essential piece on the use of Section 705 to obtain universal preliminary relief in the wake of Trump v. CASA.

It’s so gracious of the administration to provide a final agency action in a circuit that has already ruled against their interpretation of Title IX. The districts shouldn’t back down.

This raises a number of important questions and legal concerns relating to Habba's appointment that will almost certainly be raised by criminal defendants and others challenging actions taken by the D.N.J. USAO (indeed, they already are).

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...

And vacates the rule nationwide, without even mentioning CASA’s restrictions on universal injunctions. What’s good for the goose is good for the gander, so expect challengers to Trump administration rules to continue seeking the same relief.

Unforgivable.

Republican-led states may also come to regret CASA, to the extent it makes it less likely that Democrat-led states will obtain nationwide injunctions that they can free-ride off of. See this great STAT piece: www.statnews.com/2025/07/03/n...

Too late to include in our piece, but add this decision by Judge Bates to the list of post-CASA vacatur.

Out this morning, my colleague @j-p-a.bsky.social and I explain how plaintiffs can still seek universal relief after CASA, including through the Administrative Procedure Act's remedies and/or by framing broad injunctions as necessary to provide "complete relief" to specific plaintiff types.

ICYMI, I was on this panel earlier this month to discuss President Trump's unlawful memorandum directing agencies to immediately repeal rules that they believe are unlawful - video now available.

Efforts to sidestep the APA’s rulemaking process may be unlikely to survive legal scrutiny. A new analysis from Adam Grogg and @jtlew3.bsky.social breaks down why. www.justsecurity.org/114539/trump...

More evidence that CFPB is using non-enforcement to kill off protections for consumers - wrote about this back in April. www.yalejreg.com/nc/enforcing...

Increasingly seeing efforts by the Trump administration to enter settlements with private parties to rescind rules without going through lawful processes.

💡 JUST RELEASED: Governing for Impact's Administrative Procedure Act Library! The Library aims to provide explanations of key concepts in administrative law and litigation to assist litigators and non-litigators alike in holding the Trump administration accountable.

The GAO today found that the Trump Administration violated the Impoundment Control Act by suspending approval of state plans and stopping spending money for the electric vehicle infrastructure program created by President Biden's Bipartisan Infrastructure Law. www.gao.gov/products/b-3...

SG's stay application doesn't acknowledge that a big part of the reason DOGE is in this mess is its attempt to act as an agency for some purposes (the Economy Act) but not others (FOIA). We explained here.

They've now issued virtually identical notices for three separate rules! (Buy Now Pay Later, Nonbank Registry, Payday Lending) Under the APA, agencies can't just nullify notice-and-comment rules, but that's exactly what they're doing, and will keep doing until someone calls them out. See also:

Hi 👋. Long time lurker, first time poster. Over the past few months, the team at Governing for Impact has been working to put out resources for those seeking to hold the Trump administration accountable. You can find our work here. 1/