A propos of the LPE Blog post from today about moving away from tidy proposals for incremental reform, this is a perfect example of why that approach no longer works. This is flagrant, systematic illegality at the highest level of government. There is no 5-point plan to fix it.

I wonder if there's anything a Democratic Congress might want to ask Donald Trump about after his term of office expires.

There are decades where nothing happens. And there are weeks where decades happen. And then there's whatever this was.

This is great. We obviously live in a world (now, maybe always) where incremental policy proposals and doctrinal tweaks don't get at the core of what matters in law and legal disputes.

Clement keeps emphasizing the unique nature of the Fed, but all of his substantive arguments - respecting congressional intent, the fact that removal restrictions haven't impeded the presidency for as long as they've existed, the need to limit pretext - clearly apply to ind agencies more broadly.

An Erie case in the wild! General law bros in shambles.

Oh, a former president can be prosecuted for refusing to testify before Congress about the Epstein files? Interesting nugget to tuck away for 2029.

An underappreciated driver of our moment is that dabbling in radical politics seems to have replaced older, more traditional versions of having a midlife crisis.

At some point we’re going to have to choose between showing our allies we’re serious about constraining illegal aggression and abiding by the most insane Supreme Court decisions on presidential power. It’s going to be a question of money, not just norms.

A move familiar to anyone who’s ever played a game with a child who keeps changing the rules whenever they’re losing.

Bari Weiss might be an LLM in disguise.

Seems bad for a coalition built around low propensity voters.

The football giveth and the football taketh away.

The throw was only ok.

It’s also worth emphasizing that every major attack on the civil service over the last 50 years - that it’s inefficient, incompetent, or unaccountable - was simply false and made in bad faith by enemies of the modern welfare and regulatory state. They’re liars and you should treat them that way.

Ok but tbh I would support an executive order requiring the Bills to be in the AFC championship game.

This feels like a degeneration into a nineteenth century, bounty-based model of enforcement.

A classic military blunder is to invade Minnesota in winter.

The profiler goes out of his way to imply that Tooze was deeply troubled by his family’s relationship with the Speers. But, like, Tooze never says that. He just straightforwardly says they were friends and hung out.

Lots of weird stuff going on in this profile.

Crazy that messaging like this isn’t playing well.

Not to be too much of a millenial, but I think the Iraq war taught a lot of people that there are no consequences for shamelessly lying on behalf of a presidential administration. We're now living in the political and media culture that realization created.

The virgin law professor: No, no, this isn't how you apply the quasi exceptions under Humphrey's Executor. The chad Jerome Powell: This is part of an authoritarian plot to undermine the rule of law.

I think we should force agencies to use the names they were legally given. I'm trad like that.

I'm stuck in grading hell so I'm putting out a niche law professor question. How do you grade exam answers that mostly spot all the issues and get everything directionally right, but are poorly written, don't cite case law, and have superficial analysis? Most credit, half credit, or little credit?

Wow. Genuinely shocked, and a hugely consequential decision. Importantly, this is a case where @martylederman.bsky.social's amicus brief appears to have made a MAJOR impact. Before he wrote it, courts were sidestepping the "regular forces" issue entirely. And that's what the Trump admin lost on.

There is a legit war on literacy in this country

So it turns out that experienced experts make the government more efficient, saving money. Firing them in favor of feral, internet-poisoned groypers drives spending up.

First year associates get fired for screwing this up.

Plz join us for one or both of these interesting webinars--the first one is taking place already next week! For deets, see ads below. @narosenblum.bsky.social @nicholashandler.bsky.social @nicholasbednar.bsky.social @blakeprof.bsky.social @jedshug.bsky.social

Ten months into an administration that is probably the least inclined to course correct of any in American history.

I’ve had AI supercycles in Brockway, Ogdenville, and North Haverbrook. And by golly, it put them on the map.

For an administration that hates academia this much, it is providing the raw material for an absolutely astounding number of future dissertations in the humanities.

My main takeaway (which also was CJ's) is that there was one truly pernicious guy in the group, but most just seemed like their brains have been cooked by the internet. Lots of people who think Adolf Hitler and Michelle Obama were both pretty good leaders. Stuff like that.

Good news for all the zoomers who are super nostalgic for life as a millenial in 2011.

The next John Brown is out there somewhere, crushing Molsons before a Colorado Avalanche game.

More than a half-dozen federal employees from departments including Justice, Veterans Affairs, State and Agriculture who quit or lost their jobs during President Trump's second term are running for Congress as Democrats. www.reuters.com/world/us/the...

Athletes, actors, billionaires. They would give it all up just to be good at epic posts. Extremely bad and stupid culture.

People are mad at this as a Trump thing, but it reads more to me like the standard architecture head take that destroying nice buildings is good, actually.

A true New Yorker, he is decorating the White House like it's an Upper West Side dry cleaner.

I just wanted to unleash dark forces without having them ultimately consume me. Is that really so much to ask?

More than 2,900 attorneys quit the Justice Department or were fired during the first 10 months of this year -- about triple the number who depart in a typical year. personnel records obtained by Reuters show.

Trump is avoiding a constitutional showdown with Powell over interest rates by simply crashing the economy instead. Masterfully played, sir.

Don’t love that podcasting has become an open-air propaganda market.

I guess we’ll see if you can still get away with this stuff with a -20 approval rating.

The Trump v. Slaughter case & the future of agency independence are on your mind? Please join us for a webinar on this issue--discussing the topic from a global perspective. It's on December 29 @ 3pm EST & we have a terrific lineup. Register here: t.co/BQzglJ6NET

One stray thought on Trump v. Slaughter: I was struck by the dismissive attitude expressed toward 'reliance' interests in independent agency structure. I actually think the collective interest in having, say, securities markets and nuclear power regulated by experts is very strong.

We can’t allow the state of Colorado to become a headless fourth branch of government.