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Nick Bednar

@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.

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Latest posts by Nick Bednar @nicholasbednar

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The U.S. Built a Blueprint to Avoid Civilian War Casualties. Trump Officials Scrapped It. The Pentagon dismantled its civilian protection mission as Defense Secretary Pete Hegseth made “lethality” a top priority and the Trump administration reorganized national security around two principl...

Some examples from today alone:

www.propublica.org/article/trum...

www.npr.org/2026/03/11/n...

11.03.2026 09:33 👍 11 🔁 3 💬 1 📌 0

I should note: It has to be reported by a news outlet, GAO, or some other published source. I am aware that there are a lot of consequences that have not yet been reported. For the purposes of what I am doing, however, I am seeking verified reports.

11.03.2026 09:33 👍 10 🔁 0 💬 2 📌 0

Crowdsourcing: I am starting to track news articles that mention a connection between staff reductions in federal agencies and concrete consequences (i.e., not mere speculation of those consequences). I welcome links to any that I may have missed or that you are particularly following.

11.03.2026 09:33 👍 36 🔁 14 💬 3 📌 0
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Federal oversight protects student borrowers. Some of it has stopped, watchdog says Without this Education Department oversight, borrowers could "be placed in the wrong loan repayment status, billed for incorrect amounts" and more, the U.S. Government Accountability Office says.

Without this Education Department oversight, borrowers could "be placed in the wrong loan repayment status, billed for incorrect amounts" and more, the U.S. Government Accountability Office says. n.pr/4cATsE1

11.03.2026 09:20 👍 160 🔁 60 💬 9 📌 0

An unfortunate twist on my usual posting about DOJ capacity. AUSA uses GenAI to draft court filings. Gets show cause order. Likely the result of increasing caseloads and declining numbers at AUSA offices.

11.03.2026 09:07 👍 41 🔁 6 💬 1 📌 1

Reporting like this--establishing a direct casual line between managerial decisions and avoidable catastrophes--is so essential to tracking the concrete costs of this administration's assault on government capacity. Thanks to @propublica.org for this work.

11.03.2026 03:43 👍 20 🔁 10 💬 1 📌 0

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.

10.03.2026 13:29 👍 1 🔁 0 💬 1 📌 0

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.

10.03.2026 11:25 👍 4 🔁 0 💬 1 📌 0

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.

09.03.2026 15:53 👍 25 🔁 2 💬 1 📌 0

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.

09.03.2026 12:11 👍 45 🔁 6 💬 4 📌 2
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After slashing federal jobs, Trump administration ramps up hiring The hiring push is unfolding under new rules designed to give the White House greater influence over the government’s 2-million person civilian workforce.

“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...

09.03.2026 12:09 👍 112 🔁 37 💬 8 📌 9

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.

09.03.2026 10:31 👍 10 🔁 3 💬 1 📌 0

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.

09.03.2026 10:31 👍 7 🔁 0 💬 1 📌 0

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.

09.03.2026 10:31 👍 6 🔁 0 💬 2 📌 0

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.

08.03.2026 15:59 👍 17 🔁 1 💬 1 📌 0
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Reduction in Force The Office of Personnel Management (OPM) is issuing a proposed rule to revise its reduction-in-force (RIF) regulations. The proposed rule would make the RIF regulations more streamlined, efficient, an...

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...

08.03.2026 15:55 👍 30 🔁 14 💬 2 📌 0

Apparently I need to watch this. Both my wife and students are demanding my assessment of medical malpractice.

08.03.2026 03:27 👍 3 🔁 0 💬 1 📌 0
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Memorandum & Opinion – #32 in J.B.C.O. v. Bondi (D. Minnesota, 0:26-cv-00424) – CourtListener.com Memorandum & Opinion

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...

07.03.2026 14:19 👍 57 🔁 15 💬 2 📌 0
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.

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.

06.03.2026 17:04 👍 15 🔁 0 💬 1 📌 0
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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

03.03.2026 19:05 👍 8 🔁 6 💬 0 📌 0

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...

03.03.2026 14:30 👍 10 🔁 0 💬 2 📌 0

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.

03.03.2026 14:26 👍 3 🔁 1 💬 1 📌 0

BUT THE SPIRIT OF THE LAW PETER! ITS SPIRIT!

03.03.2026 14:21 👍 3 🔁 0 💬 0 📌 0
OIG Special Report: An Investigation of Allegations of Politicized Hiring by Monica Goodling and Other Staff in the Office of the Attorney General

See also:

oig.justice.gov/sites/defaul...

03.03.2026 14:15 👍 12 🔁 2 💬 2 📌 0

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.

03.03.2026 14:13 👍 163 🔁 57 💬 7 📌 2
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From the fednews community on Reddit Explore this post and more from the fednews community

@nicholasbednar.bsky.social www.reddit.com/r/fednews/co...

03.03.2026 02:03 👍 5 🔁 2 💬 1 📌 0

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.

02.03.2026 21:00 👍 31 🔁 0 💬 1 📌 0
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Exclusive | Trump Administration to Drop Defense of Law Firm Sanctions The Justice Dept. plans to abandon its defense of the president’s executive orders that targeted Jenner & Block, WilmerHale, Perkins Coie, and Susman Godfrey.

(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. 🧵

02.03.2026 19:56 👍 27 🔁 14 💬 1 📌 1

This is why they haven't hacked me. I clearly lack all credibility in this area.

01.03.2026 20:06 👍 1 🔁 0 💬 0 📌 0

I, for one, look forward to investing in BitBeau.

01.03.2026 20:04 👍 2 🔁 0 💬 1 📌 0