Nicholas Bagley
@nbagley.bsky.social
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University of Michigan Law Professor
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Nicholas Bagley
Sam Bagenstos
27 days ago
The technical term is shitshow. But it's much worse than that.
www.washingtonpost.com/health/2025/...
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CDC director being ousted weeks into job
Susan Monarez, a longtime federal government scientist, was confirmed by the Senate in late July to lead the Centers for Disease Control and Prevention.
https://www.washingtonpost.com/health/2025/08/27/susan-monarez-cdc-director-ousted/
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Jamal Greene
about 1 month ago
This, from FDR's 1936 convention speech bears repeating, as always, but especially now: "Governments can err, Presidents do make mistakes, but the immortal Dante tells us that divine justice weighs the sins of the cold-blooded and the sins of the warm-hearted in different scales. . . . (1/3)
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William Baude
about 1 month ago
As the ABA discusses the proposal to double the required number of experiential credits, here's a very informative and timely paper from Chilton, Joy, and Rozema.
papers.ssrn.com/sol3/papers....
It provides grounds for real skepticism, and so far I have not seen good counter-evidence from the ABA.
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Leah Litman
about 1 month ago
A quick 🧵 on this ruling, which as Steve notes, effectively requires grant recipients challenging grant freezes/cancellations in two fora - Federal Claims to recoup wrongfully withheld grants, and District Court to challenge the policy/basis on which the admin is illegally withholding grants ...
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Sam Bagenstos
about 1 month ago
A really informative piece.
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Sam Bagenstos
about 2 months ago
I don't even know what to say anymore. People are going to get sick, suffer, and die because of this decision and so many others -- all because we handed the keys of the health department over to anti-vax zealots.
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Sam Bagenstos
about 2 months ago
This is so great for Ann Arbor.
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Sam Bagenstos
about 2 months ago
Ann Arbor friends -- if you haven't yet voted, remember to cast your ballots today and vote YES on Proposals A and B.
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Oh god this, yes a thousand times this. I will respect you vastly more if the piece is 15k words, not 30k, I promise.
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about 2 months ago
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Jamal Greene
about 2 months ago
Part of this is the distortion created by social media. We have lost all sense of prevalence, which we've been misled, often deliberately and spectacularly, into conflating with visibility and virality. This is an existential threat to human problem-solving.
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Leah Litman
about 2 months ago
YES. THIS.
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The Michigan
@aclu.org
is looking to hire a senior staff attorney. These jobs don't come around that often, and they've got a great team -- wanted to make sure folk saw it!
www.aclumich.org/en/jobs/staf...
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Staff Attorney / Senior Staff Attorney
For nearly 100 years, the ACLU has been at the forefront of every major civil liberties fight in our country’s history. Whether it’s reducing the prison and jail population, achieving full equality
https://www.aclumich.org/en/jobs/staff-attorney-senior-staff-attorney
about 2 months ago
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"A case that was about PrEP turned into a case that was about every preventive service except PrEP—only to become, in a roundabout way, a case about PrEP again. And maybe also wearables." My latest in the New Eng J Medicine, via
@dividedargument.bsky.social
:
blog.dividedargument.com/p/less-prep-...
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Less PrEP, More Fitbits?
What Braidwood means for the future of preventive care
https://blog.dividedargument.com/p/less-prep-more-fitbits
2 months ago
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Nicholas Bagley
Chris— Let’s BOLDLY GO 🏳️🌈
2 months ago
I AM SHRIEKING 💀🤣 Forget the statue at City Hall, this guy is the *real* Spirit of Detroit. 🫡
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Nicholas Bagley
Jamal Greene
2 months ago
"I Watched It Happen in Hungary. Now It's Happening Here." (gift link)
www.nytimes.com/2025/07/23/o...
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Opinion | I Watched It Happen in Hungary. Now It’s Happening Here.
https://www.nytimes.com/2025/07/23/opinion/hungary-viktor-orban.html?unlocked_article_code=1.Yk8.Q8Ja.g5kEdY6Je_QT&smid=bs-share
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very smart thoughts on the slow-motion decay of the filibuster
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2 months ago
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Sam Breidbart
3 months ago
Today’s district court ruling shows that Trump’s birthright citizenship EO remains vulnerable even after SCOTUS’s ruling in Trump v. CASA. Lawyers representing babies born after Feb. 20, 2025 and subject to Trump’s order can move forward with a class action.
www.nytimes.com/2025/07/10/u...
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Judge Blocks Trump’s Birthright Citizenship Order in Class-Action Challenge
https://www.nytimes.com/2025/07/10/us/politics/trump-birthright-citizenship-lawsuit.html
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Nicholas Bagley
Univ. of Michigan Institute for Healthcare Policy & Innovation
3 months ago
Our member
@nbagley.bsky.social
's comments about the Supreme Court ruling on the HHS secretary's ability to pick the members of the US Preventive Services Task Force are cited in this
@cnn.com
story about the cancellation of the task force's planned meeting today:
www.cnn.com/2025/07/09/h...
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HHS abruptly calls off meeting of expert panel on preventive care, raising questions about its future | CNN
The US Department of Health and Human Services called off an upcoming meeting of expert advisers on preventive health care, raising questions about the future of the longtime nonpolitical advisory gro...
https://www.cnn.com/2025/07/09/health/hhs-uspstf-expert-panel-meeting-cancelled
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Chris Hayes
3 months ago
The Opposite of Doom
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Jamal Greene
3 months ago
It has been overshadowed because the law is silly and there’s so much other lawlessness, but there is no legal justification whatsoever for the president deeming this not to be an enforceable law, and companies relying on that representation do so at their peril.
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Roseanna Sommers
3 months ago
So glad Gov. Whitmer is highlighting the effect Medicaid cuts will have not only on the millions of people who lose their health care, but also on *entire regional economies*
michiganadvance.com/2025/07/02/w...
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Roseanna Sommers
3 months ago
🚨🚨 Medicaid contributes more to Houston's local economy than the CHEMICAL INDUSTRY. It contributes almost 2x as much to LA as the MOVIE INDUSTRY. We are talking about DECIMATING local economies when we talk about cutting Medicaid 🚨🚨
bsky.app/profile/robe...
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Roseanna Sommers
3 months ago
🚨 Medicaid contributes as much to metro Detroit's economy as THE AUTO INDUSTRY 🚨
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Nicholas Bagley
Jamal Greene
3 months ago
Another of many examples of SCOTUS needlessly ampliyfing cultural conflict (see chapter 6 of How Rights Went Wrong). Part of what defenders of CASA v. Trump miss is how much broader the Court's docket control is than the Court claims it to be.
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Talib Kweli
3 months ago
@nbagley.bsky.social
and me came to an understanding. He understood my point, I acknowledged his intentions. Respectfully. You showed up disrespectful and racist, all after that fact, late, loud and wrong. I'm glad I disappointed you. Disappointing racists is my favorite thing to do.
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Leah Litman
3 months ago
+1. I've repeatedly asked to be removed as a "contributor" - a designation I have because I once (in 2015) participated in a moot for an advocate who was arguing in front of SCOTUS & the moot was cosponsored by Fed Soc & ACS.
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I am once again begging Fed Soc to stop the practice of suggesting anyone who has ever done a panel for them is a member. Not a member! Disagree with Fed Soc on … LOTS. Tons of hatred today from people assuming I’m some kind of right-winger.
fedsoc.org/contributors...
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Prof. Nicholas Bagley
Professor Nicholas Bagley teaches and writes in the areas of administrative law, regulatory theory, and health law. Prior to joining the Law School faculty, he was an attorney with the appellate staff...
https://fedsoc.org/contributors/nicholas-bagley-1
3 months ago
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Julian Davis Mortenson
3 months ago
This is a super important point. Strongly recommend at least scanning Nick’s thread from here. The CASA op is a shanda. But in thinking through next moves, it’s crucial to be clear eyed about the paths to broad relief that remain, esp class actions, associational standing, and APA vacatur.
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Justice Ketanji Brown Jackson called yesterday's decision about nationwide injunctions "an existential threat to the rule of law." She's mistaken. My latest in
@theatlantic.com
:
www.theatlantic.com/ideas/archiv...
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The Supreme Court Put Nationwide Injunctions to the Torch
That isn’t the disaster for birthright citizenship that some fear.
https://www.theatlantic.com/ideas/archive/2025/06/supreme-court-trump-injunctions/683354/?gift=c04SMsUDu_5IHrILqcoSg28sKQdP6i7Erpt87QNMVVo&utm_source=copy-link&utm_medium=social&utm_campaign=share
3 months ago
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Gorsuch’s opinion is like a big fat pitch down the middle for
@richardprimus.bsky.social
to swing at.
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3 months ago
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Robert Manduca
3 months ago
A lot of the discussion of the reconciliation bill has focused--rightly--on the consequences for beneficiaries of these programs. 11 million people are at risk of losing Medicaid coverage, and 4.5 million stand to lose SNAP. That's a ton. But the economic impacts may be even more widespread
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Robert Manduca
3 months ago
In Kentucky's 5th congressional district, recently profiled by Arlie Hochschild for
@nytimes.com
, Medicaid makes up a quarter of the entire economic base. The SNAP and Medicaid cuts would be like losing one-third of all traded private sector industries
www.nytimes.com/2025/06/09/o...
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Opinion | My Journey Deep in the Heart of Trump Country
https://www.nytimes.com/2025/06/09/opinion/trump-supporters-kentucky.html
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Robert Manduca
3 months ago
If we look just at the proposed *cuts* to Medicaid and SNAP, it's the economic equivalent of Maine losing its entire forestry and paper manufacturing industries, all at once--or Alaska losing 60% of its oil and gas industry.
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Nicholas Bagley
Robert Manduca
3 months ago
New working paper alert! Posted at
@equitablegrowth.bsky.social
, it investigates the economic geography of social transfer programs and financial income--with implications for the Medicaid and SNAP cuts proposed in the reconciliation bill 👀
equitablegrowth.org/working-pape...
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Financial and Transfer Income as Components of the Regional Economic Base
Government transfers and financial income form a major component of the basic sector in the United States.
https://equitablegrowth.org/working-papers/financial-and-transfer-income-as-components-of-the-regional-economic-base/
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!
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3 months ago
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Sam Bagenstos
3 months ago
This is HUGE. Parliamentarian knocks out Medicaid provider tax language, various Medicaid/immigration provisions (including penalty on states that cover undocumented w/state-only $), and bar on Medicaid for gender-affirming care.
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Steve Vladeck
3 months ago
In “things I’ve never seen before,” the Trump administration is suing Maryland’s federal district judges—challenging the standing order the district court put in place that briefly bars removals of migrants after they initially file habeas petitions there:
storage.courtlistener.com/recap/gov.us...
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https://storage.courtlistener.com/recap/gov.uscourts.mdd.584990/gov.uscourts.mdd.584990.1.0.pdf
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Sam Bagenstos
3 months ago
This is a very important post from
@donmoyn.bsky.social
At the end, it highlights something that should be on all of our radar screens -- the prospect that, later this year, Trump appoints a toady to run GAO.
open.substack.com/pub/donmoyni...
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Congress Fights Back...Against Congress
Congressional Republicans threaten their own institutions to protect Trump
https://open.substack.com/pub/donmoynihan/p/congress-fights-backagainst-congress?utm_source=share&utm_medium=android&r=etla
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Sharp take from
@citizencohn.bsky.social
about how Republicans don’t care about federalism when they’re in chargs
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3 months ago
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excellent context on the revival of geduldig in skrmetii
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3 months ago
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Nicholas Bagley
JC Policy Circle
3 months ago
Daily reminder to read
@nbagley.bsky.social
and
@profschleich.bsky.social
fantastic piece on how state and local governments are where government lives.
www.niskanencenter.org/the-state-ca...
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Jamal Greene
3 months ago
Hot take: The real problem with the Florida Nazi student paper is originalism itself. If your constitutional methodology’s only available criticism of “ethnic cleansing is required, actually” is that they got 18th and 19th century history wrong, then your constitutional methodology is trash.
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Steve Vladeck
4 months ago
Via "One First," my quick write-up of President Trump's "Presidential Memorandum" purporting to federalize 2000 California National Guard troops; the relevant legal authorities for doing so; and how the move is both a modest *and* dangerous escalation of what's going on in and around Los Angeles:
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156. Federalizing the California National Guard
President Trump's Saturday night "memorandum" federalizing 2000 California National Guard troops is a tentative step toward abusing authorities for domestic use of the military, but a dangerous one.
https://www.stevevladeck.com/p/156-federalizing-the-california-national
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Adrianna McIntyre
4 months ago
Okay I wondered about this when the language first came out and the fact that it turned out to be true is truly hilarious
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Sam Bagenstos
4 months ago
I'd put this a bit more sharply than
@steveinskeep.bsky.social
probably can: Trump simply does not understand any boundary between himself and the government. He has no sense of the public interest and believes the government is an extension of himself personally.
open.substack.com/pub/steveins...
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Trump threatens Musk the same way he did Harvard
He threatened to use federal contracts to gain retribution.
https://open.substack.com/pub/steveinskeep/p/trump-threatens-musk-the-same-way?r=etla&selection=a5c27d60-fbcd-496b-9639-bd87b7deb8df&utm_campaign=post-share-selection&utm_medium=web
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Jamal Greene
4 months ago
So much about our political and constitutional life has its roots right here. We’ve never had a full reckoning.
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Adrianna McIntyre
4 months ago
The final estimated increase in the uninsured is 10.9 million (a little above the prior estimate)
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Bobby Kogan
4 months ago
Cost estimate of the House-passed "Big Beautiful Bill" is out It'd be the largest cut to Medicaid+CHIP and SNAP in history while still increasing deficits by $2.4 trillion due to $3.8 trillion in tax cuts This'd be the largest transfer of wealth from the poor to the rich in a single law in history
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This was a total hoot. Thanks to
@robinsonmeyer.bsky.social
and
@jessedjenkins.com
for having me on to talk about the Supreme Court's big NEPA case!
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4 months ago
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