I've been struggling with when to post this draft article, but last week's news about Trump firing the Commissioner of Labor Statistics convinced me I better share it now. It unpacks both the promise and the peril of what I call "informational administration." papers.ssrn.com/sol3/papers....

Over at the Notice and Comment blog, today's Ad Law Reading Room covers two pieces: "Presidential Brokering in the Regulatory State" by @jennifernou.bsky.social and "The Chadha Presidency" by @joshchafetz.bsky.social. Check it out! www.yalejreg.com/nc/ad-law-re...

Now on SSRN: How do White House policy councils shape the president's highest priority rules? What is their relationship to OIRA and regulatory review? Part of an effort to understand the rise of presidential power through the institutional presidency: papers.ssrn.com/sol3/papers....

So important to be talking across disciplines, especially in these times.

“‘Regulatory Reform from Nixon to Biden’ … effectively cuts through the partisan chatter of the Beltway to offer clear-eyed lessons about how we got to where we are and what still needs to be done to confront the emerging regulatory challenges of the day,” writes Prof. @jennifernou.bsky.social.

Chicago folks: Come ask David Strauss & me anything tomorrow about the President's executive powers! Needless to say, lots to discuss. RSVP here: events.uchicago.edu/event/246256...

Just as OIRA has asserted control over the Federal Election Commission

Also time for judges to deny any presumption of regularity. Presume irregularity

Hi folks: With @nicholasbednar.bsky.social, @lorenraeds.bsky.social & Don Kettl, I will be talking at an @appam.bsky.social about the attack on public employees and government programs, Thursday, 2/27, 12.30-2pm EST. Free registration. www.appam.org/events/webin...

Many saw the extension of OIRA review to independent regulatory agencies coming, but this EO does so much more... 🧵 www.whitehouse.gov/presidential...

Lots of bad, but this is very bad.

I'm excited to share my article, The Immigration Subpoena Power, which explores the way that ICE uses administrative subpoenas for civil immigration enforcement and the concerns that these practices raise. Many thanks to those who helped improve it (1/2) columbialawreview.org/content/the-...

Some quick reactions to Trump's reg review EO 1/x: www.presidency.ucsb.edu/documents/ex...

The FAQs for this are going to be...interesting

Given recent news, I’m happy to share a working paper quantifying presidential deviations from enacted budgets from 1958-2018. Analyzing agency/bureau level data on spending and presidential requests, I find that presidents spend less than appropriated when they desire to.

Yes. Looks like OMB’s deliberative clearance process for M-memos is not yet up and running (or seriously compromsied)

On recklessness: only giving agencies one *day* to "immediately identify any legally mandated actions or deadlines for assistance programs" before the freeze goes into effect. Shows that OMB never intended to avoid illegal funding delays.

I see some suggestions, in the reporting regarding the OMB impoundment order, that a mere delay in spending appropriated funds is legal. But that's not really true. The delay OMB has ordered specifically contradicts the Impoundment Control Act. A thread.

Revocations of existing appointee-to-civil servant subdelegations are rare; @jennifernou.bsky.social & my data show one revocation for every 33 new subdelegations of authority. That Trump 2.0 is pursuing this so early suggests a more sophisticated operation than in '17.

Prof. @jennifernou.bsky.social tells @donmoyn.bsky.social for his ‘Can We Still Govern’ newsletter that large-scale firing of federal employees, as suggested by Elon Musk and Vivek Ramaswamy, is “likely illegal” based on Section 3301.

Much more is spent on contractors than pay for federal personnel, but we can guess the reasons DOGE won't go after these "government" workers. One of many insights here from @donmoyn.bsky.social

Great new hub of resources for civil servants.

Should career staff attorneys at DOJ and beyond stay or leave the Trump administration? Join us on 12/18 for a discussion organized by @acslaw.bsky.social! To register: www.acslaw.org/event/should...

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...

A must read. "They want to blame the bureaucrats, but they’re going to need those very same bureaucrats if they want to get anything done."

Testing the usability of agency guidance while drafting, such a great idea. Check out the results in OIRA's new Paperwork Reduction Act guidance (fittingly on usability testing!) @stuartshapiroblou.bsky.social @bridgetdooling.bsky.social

For almost fifty years, the CEQ has issued regulations governing environmenta impact statements. A recent D.C. CIrcuit opinion throws shade on CEQ's powers to do that, and the overruling of Chevron raises further questions. Here's your guide through the legal maze. legal-planet.org/2024/11/25/n...

I'm happy to welcome the University of Chicago Law School, @uchicagolaw.bsky.social, to Bluesky! To celebrate the arrival of our official account, here is a starter pack with my faculty colleagues. go.bsky.app/L81ZCoX

The president's authority to "prescribe rules governing the competitive service" pertains to civil service examination, certification & selection, not adverse action like firing. Adverse action rulemaking authority is granted to OPM, which is subject to the APA. See n. 107: tinyurl.com/35dm4jfa

With each new TV personality picked to head an agency, one particularly timely one below. (Published before the election, Lowande argues that presidents seek not substantive change, but rather to put on a "compelling show" for constituents) press.uchicago.edu/ucp/books/bo...

This. Much will depend on internal White House discipline, not exactly a quality Trump is known for (paper on topic forthcoming!) h/t @blakeprof.bsky.social

Getting ready for argument that Federal Advisory Committee Act is an unconstitutional restriction on president's ability to get advice, esp. from a private committee not funded by Congress. OLC op: www.justice.gov/file/147811-... (So this is what Bluesky is like huh?)