@nicholasbednar
Associate Professor of Law; Affiliated Professor of Political Science at U. of Minnesota. AdLaw, Admin. Capacity, and the Federal Workforce. Contributing Editor for Lawfare; Nonresident Fellow at Brookings. Signal: Nbednar.46 Opinions are my own; Not UMN.
FWIW, I had multiple professors who thought we could say something meaningful about Aristotle in 5 paragraphs. But that's commentary on undergraduate assignments rather than AI.
It's so bizarre to me to pick THE author known for sparse punctuation. It's like looking at a Jackson Pollock and saying DALL-E would have generated a landscape of Paris.
Every year, I come into the office on Spring Break and am reminded that facilities (rightfully so) uses this week to complete its maintenance backlog. I greatly appreciate that facilities holds off on these tasks until we are expected to leave the building, but maybe it is a sign I should vacation.
There's much I could say. Mostly in the vein of "I told you so." More seriously, the federal government has really shot its reputation as an employer. By the end of this, we will probably pay more to bring back those people than any reduction was worth.
“We probably have some skills that we now need to hire back, quite frankly,” Scott Kupor, the head of the OPM said... “There’s no question anytime you do restructurings … sometimes you over-restructure, sometimes you under-restructure.”
www.washingtonpost.com/politics/202...
Finally, there is a chance Schedule P/C is tied up in litigation for the next four years. By changing multiple removal processes at once, they increase the likelihood that they create an ecosystem of law that makes it easier to remove employees.
Moreover, RIFs affect a larger portion of the workforce. For example, the Department of Education includes all sorts of people the administration would reclassify as Schedule F. But Ed also employs people who cannot easily be reclassified as a "policymaking" employee. RIFs can apply to everyone.
It's all part of a broader scheme to centralize control over federal employment. Legally, however, it would raise concerns to use Schedule F so broadly. The law distinguishes between removals for individual conduct versus reorganizations.
Well... I guess I am going to finally get to write my favorite pet theory in response to this statement: "For approximately 150 years, Congress has recognized Federal agencies' authority to engage in RIFs." I remain unconvinced that agencies have unilateral authority to RIF.
OPM has proposed a new RIF rule that changes the priority of performance versus tenure. The problem being OPM has also proposed rules that change the way in which performance is evaluated.
www.federalregister.gov/documents/20...
Apparently I need to watch this. Both my wife and students are demanding my assessment of medical malpractice.
Tunheim orders petitioners’ attys to prepare claims for lost property within 5 days, including resulting lost wages. Orders claims reimbursed in 30 days. DHS must replace lost work permits for free within 5 days. New hearing set for 4/6. ...
2/4
storage.courtlistener.com/recap/gov.us...
![What we can decide, we can undecide. But stare decisis teaches that we should exercise that authority sparingly. Cf. S. Lee and S. Ditko, Amazing Fantasy No. 15: "Spider-Man," p. 13 (1962) ("[I]n this world, with great power there must also come—great responsibility"). Finding many reasons for staying the stare decisis course and no "special justification" for departing from it, we decline Kimble's invitation to overrule Brulotte.
For the reasons stated, the judgment of the Court of Appeals is affirmed.
It is so ordered.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:ndbazeu3g73rbehke36jhecb/bafkreidahcyerz65cfoahkx32r3pnmqrfiqp2hpietkhgpghyyr4hwbo3u)
What we can decide, we can undecide. But stare decisis teaches that we should exercise that authority sparingly. Cf. S. Lee and S. Ditko, Amazing Fantasy No. 15: "Spider-Man," p. 13 (1962) ("[I]n this world, with great power there must also come—great responsibility"). Finding many reasons for staying the stare decisis course and no "special justification" for departing from it, we decline Kimble's invitation to overrule Brulotte. For the reasons stated, the judgment of the Court of Appeals is affirmed. It is so ordered.
Justice Kagan cites Spiderman as precedential so I think the other scholars are ignoring a large source of legal meaning.
Announcing our new podcast: Minnesota Law Now! In Ep 1: Presidential Power in the Trump Era, @wmcgeveran.bsky.social asks @nicholasbednar.bsky.social ’16 and @alanrozenshtein.com how executive actions, court challenges, and institutional resistance are redefining the presidency. z.umn.edu/b4cv
For the record, Peter is technically correct, which is often the best kind of correct. (But, here, the worst kind.) Interns are not ordinarily hired as employees. That said, the merit system principles reflect as norm about how personnel management should be governed
bsky.app/profile/pete...
More seriously, I think what we are observing in general is a variety of places in which there are uncomfortable gaps in personnel laws for certain types of non-employees who work for the government. The other area of concern being the use of SGEs.
BUT THE SPIRIT OF THE LAW PETER! ITS SPIRIT!
5 USC 2301(b)
(2) All employees and applicants for employment should receive fair and equitable treatment in all aspects of personnel management without regard to political affiliation ... and with proper regard for their privacy and constitutional rights.
Just like if you spend more money doing legally questionable things, you need more attorneys---not fewer.... Really odd understanding of management in this administration.
(Gift link) Admin is wise to drop what would've been a big loss on appeal. But given the limited scope of the trial ct rulings (only reaching the firms attacked), it keeps the possibility of more threats above other firms' heads. The threat remains acute, as does the damage of BigLaw's response. 🧵
This is why they haven't hacked me. I clearly lack all credibility in this area.
I, for one, look forward to investing in BitBeau.
I just assumed you had decided that car sales were a better use of your mental energy.
In which a bleary-eyed @kevintfrazier.bsky.social and I stay up late recording an emergency @scalinglaws.bsky.social episode trying to figure out what's going on between the Pentagon and Anthropic. podcasts.apple.com/us/podcast/t...
Looking forward to discussing The Docket that Shall Not Be Named today with @kateshaw.bsky.social and @richardre.bsky.social
hls.harvard.edu/events/hls-r...
Gluck: The major debate over major questions in the tariffs decision is only the beginning www.scotusblog.com/2026/02/the-...
I once wrote that unfettered deference to presidential management of agency resources would eventually affect the functioning of the courts. Everyday I find more and more evidence for that claim.
This is absolutely wrong. (And the wrong way to think.)
Kilmar Abrego Garcia literally walked into a courtroom today to challenge his prosecution in Tennessee — because Judge Xinis threatened the government from a federal court in Maryland when Abrego was in CECOT.
