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I never thought I'd see a major newspaper do a story about a provision of the Uniform Grants Guidance. It's a good story, too. But the crucial point is that the guidance language doesn't give the admin the power to do anything it doesn't otherwise have legal authority to do. wapo.st/3Y5E2iW

Just posted. A helpful primer! www.understandingcongress.org/2025/03/10/t...

Read this. Trump is claiming inherent power to name an acting head of a Senate confirmed board, where the Vacancies Act doesn’t apply (and there’s no agency succession provision). Forget removal. This is Appointments Clause madness. Means he could name folks to MSPB and NLRB without the Senate.

Some of my thoughts included.  talkingpointsmemo.com/news/exclusi...

Turns out the person we all need in this moment is...an administrative law prof who also has a PhD in political science. More A+ content from @nicholasbednar.bsky.social (with runner-up points to @qjurecic.bsky.social for the phrase "Rumsfeld-ian deluge") www.lawfaremedia.org/article/lawf...

For those interested in the Trump Administration's proposed buyouts. This is the best explainer I have seen.

Over at @lawfare.bsky.social, I have an essay reviewing the executive orders and how they affect the federal workforce. www.lawfaremedia.org/article/pres...

Read @sam-workman.bsky.social great post on DOGE new @3streamsblog.bsky.social medium.com/3streams/to-...

I think Trump could take a Republican member already at a commission and make them an acting cabinet secretary—Hester Pierce? Hasn’t been done before: Presidents have drawn from other confirmed officials but haven’t turned to independent agencies. But you have a bunch of confirmed Republicans now.

Over at @lawfare.bsky.social, I have a primer on how the Trump Administration may seek to exercise its authority over the civil service. www.lawfaremedia.org/article/a-pr...

And he cannot be named under the Vacancies Act. (I did answer the query about Patriot Mindset). www.reuters.com/fact-check/v...

New, from Don Kettl & I: "Unelected bureaucrats" has become a political put-downs. The implication is that unelected means unaccountable, and therefore illegitimate. We explain the different ways civil servants are accountable, maybe more so than politicians donmoynihan.substack.com/p/unelected-...