This is a bluff, and not a particularly good one. As we've seen, layoffs can be challenged and workers can be reinstated. I hope the Democrats are not tricked by this empty threat. www.washingtonpost.com/business/202...

Honestly, I'm not sure it makes much difference whether Humphrey's is overturned sub silentio on the shadow docket. It's not like a single good argument will be concocted while we wait for the merits. And it will be that much easier to restore agency independence in the future using this device.

We all know how this will play out. We can never forget the role SCOTUS played in ending the rule of law.

Wow. I hope he uses his newfound freedom to say what he really thinks about the assault on academic freedom here, and I really hope it isn't that "this is about academic responsibility, not academic freedom," because that didn't really do much for anybody. www.texastribune.org/2025/09/18/t...

What a cool diagram from @jamesgoodwin.bsky.social and @progressivereform.bsky.social showing the changes from the Fall 2024 Unified Agenda to the (recently issued) Spring 2025 Unified Agenda. progressivereform.org/cpr-blog/tru...

"He seemed perversely unaware that those accursed unelected officials downtown are now our unelected officials."

This just goes to show you that there isn't an end in sight to the censorship once you open that door.

All I see in this video is a student disrupting class on a subject that is still well within academic freedom. Sad to see that my University is being attacked by opportunists and zealots and that we appear to be caving. We know caving won't stop them. share.google/pfb4Hjak0F9X...

Kavanaugh is getting an earful right now, which means we will soon be hearing about respect for the Court. These jusices, man--they just are not ready for the responsibility they have. Going forward, this needs to be part of the vetting process for all SCOTUS nominees: Can you handle criticism?

Here's a fun thought experiment: substitute the parties to this case out for the EPA and businesses subject to regulatory enforcement (a la Sackett). I submit it's completely unimaginable that Kavanaugh would write anything like his concurrence here. www.supremecourt.gov/opinions/24p...

You could say that our collective ability to turn things that are not actually unpopular into wedge issues in partisan politics and subject them to continual unpopular referenda is the defining feature of our society right now. Widespread ignorance of the center of gravity on issue after issue.

Government by shakedown. www.nytimes.com/2025/09/07/w...

One of the greatest errors in K-12 education, in my opinion, is prioritizing trigonometry and calculus over statistics. Yes, trig and calc are important for many professions. Statistics are important for literacy.

Just because you don't pay doesn't mean you don't pay.

Omg, perfect post.

Drop a like to add your thanks to the BLS staff who put together the jobs numbers. They've done so yet again this month, despite the arbitrary firing of their boss, uninformed social media insults, and the prospect of being led by an unqualified ideologue. Thank you BLS-ers!

In truth, though, the President does have more power to do this than most of us do by virtue of his power to speak as the President. The reality is that the Trump admin is showing us how it's possible to use voice to push massive change, and it won't stop him to say he has no "authority."

Honestly, we should just be grateful Trump hasn't decided to slap his name and a ™ on every agency.

This argument (let me do the illegal thing because paying people back would take me back to square one) is truly stupid, but I'm not gonna lie--it probably will work with the Supreme Court. www.nytimes.com/2025/09/03/u...

These seem like extremely strong arguments to me. And they are only strengthened by the fact that reading the authorities any other way would open the door to civil wars. Like, that cannot be an option.

To be clear, saying something to the effect of "I apologize if you misunderstood what I was up to" is not an apology. It's actually kind of a dig.

This is a stunningly great paper by @nwdonahue.bsky.social papers.ssrn.com/sol3/papers....

I have a slightly different perspective: admin law is cyclical. We don't ever fully settle on anything because it can't be settled and is inherently politically unstable. One reason you fight the last war is to reveal the excesses of a myopic pseudoresolution of core tensions in the field.

If I'm ever this shameless just put me down

He's literally become Don Quixote.

Something is turning right now. The militarization of completely normal cities on pretext, the attack on the foundations of the economy, the exhibitionist persecution of Kilmar Abrego Garcia in the face of courts. It feels like Trump is going for it... Which, of course, we all knew he would.

For those unfamiliar with this article, methinks it is about to become extremely important in the litigation over Cook's firing. www.columbialawreview.org/wp-content/u...

All I can think about is how bad Chief Justice Roberts has gotten played...and by Trump of all people. It's like he never learned about the law and the "bad man."

There's just no serious argument that these things are good, as evidenced by Cato sounding the alarm. The biggest question in the world right now is how soon a distracted public will figure out that it matters for them more than grievance symbolism. www.nytimes.com/2025/08/22/b...

I think about this a lot. It's the scary part of Timur Kuran's idea of "preference falsification." The positive part is that if private truths are democratic, the authoritarian's hold on power can unravel quickly. All depends on the distribution of private truths. www.google.com/books/editio...

Among other things, claiming that the people of Chicago are clamoring for a militarized takeover of their city and its democratically elected leaders is the kind of thing that would get you involuntarily committed or put in a conservatorship if everybody around you had your best interest in mind.

It would be very cool if people who a) like the idea of free online tax filing that is not a bait-and-switch from a private vendor and b) support an innovative tool that users loved, would respond to these surveys. donmoynihan.substack.com/p/the-death-...

Bingo. And, beyond embarrassment, they'd make law that would be decidedly inconvenient for them whenever a Democratic administration returns. This is about preserving discretion for themselves.

It's even worse than this: these are the same Justices who have spend much of their careers maligning the agencies that are doing this and practically preaching about the importance of judicial review to protect liberty and the rule of law. There's no stopping a Court that is willing to do this.

As J. Jackson points out, the Court is running a precedential shell game where unreasoned or barely rationalized emergency orders become the sole basis for later emergency orders. Whatever this is, it's not responsible or law-like.

I can't recall seeing this kind of deregulation-in-the-face-of-industry-preferences before. Not a great sign for court review, but it's also making me feel better about the possibility that maybe they're going to win and unleash climate torts. www.npr.org/2025/08/19/n...

The Federal Employee Viewpoint Survey isn’t perfect, but it’s vital for tracking federal workplace conditions. Scrapping it now—when we need agency data most—is alarming. I am very worried about our ability to get accurate personnel data for the next 4 years. federalnewsnetwork.com/workforce/20...

Very excited that my article "Informational Administration" will appear in the Stanford Law Review's special administrative law issue next year! You can download the draft at papers.ssrn.com/sol3/papers..... It's still a work-in-progress, so comments are very much welcome.

Pretty nuts/wrong to say "CFPB is now free to right-size itself in accordance with the law" when the upshot of the ruling, which was indeed a victory for Trump, was that this may well be blatantly illegal but there's nothing that courts can do about it because review is precluded.

Judges Katsas and Rao are really on a rampage in the DC Circuit right now nixing lower court injunctions blocking impoundment and dismantling of agencies, all on justiciability, but the en banc court better listen to Judge Pillard, who has common sense on her side. www.law360.com/appellate/ar...

This. For all the rhetoric about waste, fraud, and abuse, we sure seem to have a hard time recognizing it even when it's rolling down our streets in tanks.

After a year of being on Bluesky and seeing its membership grow far beyond what I ever thought possible, I still don't really get the vibe here. Maybe it's a reflection of where the left (to the extent there is one) is right now, but it seems like defeatism and cynicism are the orthodoxy.

This is an excellent exercise in elaborating the logic of Loper Bright. Taking arguments seriously entails accepting that they may lead to unexpected places.

Loper Bright is about the conservative, anti-regulatory agenda, right? Maybe not if we take the implications of Loper Bright to their logical ends--or so I argue in "Progressive Anti-Deference," which is forthcoming in the Loyola Chicago Law Journal, available at papers.ssrn.com/sol3/papers.....

The Home Rule Act is a fascinating legal oddball. Does anybody happen to know if questions have ever been raised about the federal officer status of (often elected) DC government officials? Does that status change when there's a takeover, as there is now? www.politico.com/news/2025/08...

Every day we find new ways to fail the most basic test of functional politics: would you be alright with your worst enemy exercising the power you're claiming?

As someone who just posted a too-long article (though in my defense I am excited to work with law review editors on cutting it), I am probably part of the problem. But I think the roots of the problem, deep down, is the fact that there's just a ton of stuff happening. Every omission matters.

I'll say it: the new Naked Gun is smart social satire. One of the better examples since Idiocracy.