Exactly!! 1) from a statutory interpretation standpoint, this rule cannot stand. When you look text that confers to HHS the ability to promulgate CoPs, this rule would violate ejusdem generis and the major questions doctrine (which one could view as a canon of construction). Long thread...

1/n In Slaughter, the Chief brings up this question. From a purely textual standpoint, I'm not sure why the answer isn't simply DOD, Veterans Affairs, State, and maybe Homeland Security. Article 2, Section 2 lays out a short list of the explicit powers conferred on the President.

Proud to March with @mcbride.house.gov in the Hockessin 4th of July Parade. Was a family affair.

This enables the court to avoid embracing the gov’s arg that universal injunctions can never be issued. And there’s a “how convenient” to this. You know that right-wing judge who keeps issuing nationwide injunctions re: abortion? Well, he’s interpreting a different statute, the APA. Doesn’t apply.

I’m going to owe my kids “curse word” money when they read this article. Proud, as always, of Aunt SaSa :) @mcbride.house.gov t.co/SILhbs74fp

this piece from @rickhills.bsky.social and @richardprimus.bsky.social is excellent on the big picture background, w concrete case studies from early republic and early 20c repository.law.umich.edu/mlr/vol119/i...

Trump signed an executive order late last night that illegally strips workers of their collective bargaining rights. This will impact over one million Americans. I’ll support all efforts to stop this egregious assault on labor unions.

1/n Oral arguments in Consumer Research didn't sound favorable for fans of "public" non-delegation. But with a Congress currently enthrall to the executive, we should want checks on Congress' ability to delegate legislative authority, even if it desires the delegation.

The firm’s statement is worth reading:

Well argued. Persuasive. And a clarion call to action for America's universities. www.theatlantic.com/ideas/archiv...

This is the correct response.

INCOMING: My first weekly newsletter, the McBride Memo, hit inboxes this morning! Each week, I'll share 5 quick things I'm working on to deliver for Delawareans — the perfect read to go with your morning cup of coffee. Sign up at mcbride.house.gov!

@ilyasomin.bsky.social calls it correctly. The US govt has paid El Salvador to imprison individuals who are merely alleged to have a committed crimes in the US. A flagrant violation of the 5th amendment. reason.com/volokh/2025/...

Does arranging and paying for the imprisonment in El Salvador of persons formerly on US soil who are merely accused (but not convicted) of criminal activity within the United States encroach on these individuals' 5th and 6th amendment rights? @stevevladeck.bsky.social #legalsky

Josh makes short work of the “unitary” executive theory. As a convinced congressional maximalist, was a great listen. Would also encourage folks to check out @jedshug.bsky.social’s “Vesting” and @jdmortenson.bsky.social’s “The Executive Power Clause”. Case closed. @mcbride.house.gov

This was the date set in the end of year (2024) appropriations bill passed by the prior Congress and signed by President Biden. Congress was always going to have to provide for a statutory extension. We knew this in December. I’m confident Congress will act.Our seniors deserve it. #medsky

1/n Reasonable people can differ as to what the % threshold should be for indirects. But while our nation remains committed to the rule of law, there are bright line statutory and constitutional bars to unilaterally changing that threshold via Tweet (charitably described as sub-regulatory guidance)

<son rummaging through my iphone with full storage so he can find apps to delete and install a game> Son: Dada! Can I delete EPIC? Me: Son: Can I? Me: Um.... #medsky

In the middle of Monday night after pausing critical federal funding that American families and workers rely on, President Trump fired NLRB General Counsel Jennifer Abruzzo and Board Member Gwynne Wilcox. 🧵

There is simply no plausible argument that the president has the constitutional authority to refuse to spend appropriated funds because he doesn’t like how the money is being spent. The legality of policy impoundments is just not a close question.

Thank god for the federal judiciary. The last bulwark of constitutional accountability. www.nytimes.com/2025/01/23/u...

Today I met with Colombian Ambassador Daniel García-Peña Jaramillo as part of my new role on the House Committee on Foreign Affairs. We discussed the root causes of immigration and the trafficking of drugs from South America.

Great thread on public sector unionization (a category of worker who was not covered by the NLRA).

Nice to see SaSa acting as a positive role model for the silent majority of Americans who love a good meal from their local KFC/Taco Bell. @mcbride.house.gov wapo.st/3DMZwKd

It is the honor of a lifetime to represent Delaware in Congress. Let’s get to work.

So proud of Rep Sarah McBride (aka Aunt SaSa). The family was thrilled to be alongside her for the big day #politics #USHouse

Guys, C-SPAN is momentarily in a state of lawless anarchy.

Hospitals (or vendors) should configure the EMR so that it limits physician notes to 500 characters. Whatever liability mitigating language you want to drop in should be done so automatically and hidden from view by any MD end-user. Saves input and end user time (=$ and reduces data storage costs.

If the House GOP rejects this CR and doesn't find an alternative means to pass its key healthcare provisions, starting January 1st, almost all Medicare beneficiaries will lose access to telehealth and for the fraction for whom it remains an option, they won't be able to access it from home.#medsky

If in response to the statement from the archivist, President Biden, still believing Gillibrand to be correct, incites a bunch of rabid ERA supporters to breach police barriers around the National Archives, desecrate the building, and attempt to hang the archivist, I’d support disbarment. #legalsky

I don’t know. Implicitly comparing the preference cascade that led to the liberation of Eastern Europe from Communist dictatorship to one that’s liberated tech bros to use the word “retarded” on Twitter seems….a stretch. @blandro.bsky.social

1/n: I’m no fan of health insurers, but to demonize them and ignore the regulated environment in which they operate is a forest/trees fallacy. Two laws govern the vast majority of health plans onto which Americans enroll: ERISA (self-funded employer plans) and Medicare Part C (for MA enrollees). 🧵

Home Alone” but it’s the parents left behind. Hijinks ensue: sleeping past 6:30, reading a book for more than 5 minutes, going to brunch, and napping. When Marv and Harry break in, the parents unload the 90% of their kids’ toys that they haven’t touched since the day they received them.

Listening to Elizabeth Prelogar deliver an oral argument is like watching Magnus Carlsen play chess. No one has ever been as good at anything as she is at Supreme Court advocacy. @blandro.bsky.social #legalsky

1/n One of the more pernicious trends in the federal courts over the past few years is the increasingly wanton disregard for district court findings of fact. The factual determinations that come out of trial are stress tested by adversarial parties with true stakes in the outcome.

Up with @chasestrangio.bsky.social on what is at stake in the trans healthcare ban challenge at the Supreme Court. slate.com/podcasts/ami...

The torch has been passed to a new generation of Thanksgiving chefs. G’Ma stands by to remind us all of the lost decades of occasionally overcooked birds (read: 1980-2015). Happy Tgiving! @blandro.bsky.social

There it is

I’m obviously biased, but this is an amazing interview. @blandro.bsky.social www.wnycstudios.org/podcasts/tny...

This cert grant and the subsequent holding could have far reaching implications for the Medicare Advantage program. #MedSky #LegalSky www.scotusblog.com/case-files/c...

The most dreaded Sunday 8am question you could imagine: "Dada--can I play this song on my ukulele for you?" @blandro.bsky.social

Couldn't agree more.

Proud of my sister. Calm, deliberative, and forward focused. @blandro.bsky.social youtube.com/watch?v=w2ft...

The urgent request to read all of these from my true bosses is why I’ll never get promoted at work. #medsky

Morning coffee. @blandro.bsky.social

They say the cover up is always worse.

This incredible woman has more courage than any Republican member of Congress. Representative-Elect Sarah McBride responds to the pathetic transgender bathroom ban just announced by the coward Mike Johnson.

We lose a lot when we devalue kindness in our discourse. We are better off as a people when we elevate empathy as a core element of leadership. My sister believes in a politics of grace. She is focused on delivering for Delawareans. Couldn't be prouder.

The fact that turn of the century cast members from Real World and Road Rules have such political purchase in the modern era is a testament to the casting prowess of Mary Ellis Bunim and Jonathan Murray. @blandro.bsky.social

The fact that turn of the century cast members from Real World and Road Rules have such political purchase in the modern era is a testament to the casting prowess of Mary Ellis Bunim and Jonathan Murray. @blandro.bsky.social