A few thoughts on the provision in the big beautiful bill that purports to limit courts' enforcement of contempt citations:
www.nytimes.com/2025/05/22/u...
@ksquare90
Law professor at Rutgers, #adlaw and natural resources law nerd, former DOJ lawyer and Interior Department appointee https://law.rutgers.edu/bio/kek130 https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1530934
A few thoughts on the provision in the big beautiful bill that purports to limit courts' enforcement of contempt citations:
www.nytimes.com/2025/05/22/u...
"The Supreme Court, by contrast, has undermined lower courts seeking to protect the rule of law and emboldened an administration eager to trample it." @kateshaw.bsky.social
This post is evidence that I post things I think #adlaw folks may be interested in reading regardless of whether I agree with them or not.
"Under Trump, presidential subordinates implementing the Presidentβs directions wrt law execution are just as absolutely immune as he is. And the immunity applies to any congressional or judicial attempt to constrain the Presidentβs conclusive and preclusive power." @twmorrison.bsky.social
Trump has spattered the WH website with anti-environmental executive orders. They range from the inane (fighting to save paper straws and wasteful showerheads) to the destructive (saving obsolete coal plants and stopping wind turbines). Here's the list.
legal-planet.org?p=43125
"In Ohio v. EPA, the Court faulted the agency for not adequately grappling, at the time of rulemaking, with at least some subset of the millions of alternate futures that judicial intervention could create." @jacklienke.bsky.social "explores its troubling implications for future rulemaking."
"Drawing on the Australian model, this article emphasizes the advantages of a systematic, bipartisan, and principles-based approach [to legislative review of rules] over the current ad hoc, partisan, and policy-driven approach in the United States." Lorne Neudorf
"Subordinating the President to law means subordinating the President to Congress, and this is what a genuine respect for the separation of powers would require." @dfroomkin.bsky.social
My 2024 Const Day remarks on US v. Skrmetti's implications for wider EP doctrine are now on SSRN: ssrn.com/abstract=526.... The major takeaway: each of the ways the S Ct could rule *against* heightened scrutiny for trans ppl wd require doing damage to one of the core principles of modern EP doctrine
"Presidential administration is now facing a moment of reckoning. While we do still live in the age of presidential administration, how long the age might last and what political possibilities it promises are open to question." AhMenblum @narosenblum.bsky.social
Michael Asimow "proposes a set of best practices for conducting and improving informal adjudication"
"Loper Brightβs promise of independent judicial interpretation of statutes could better police the implementation of immigration law if courts take humanitarian concerns into account when exercising their independent judgment about the meaning of immigration statutes." @jillfamily.bsky.social
@awidman.bsky.social's empirical study on "the various regulatory structures governing nonlawyers" representation in agency adjudication.
@gillianmetzger.bsky.social on change in administrative law.
"Legalistic noncompliance occurs when the administration uses the language of the law as cover to claim that it is complying with court orders when in fact it is not." @dtdeacon.bsky.social @leahlitman.bsky.social
"private enforcement does not violate Article II, except when it amounts to a criminal prosecution, enforces governmental property interests, or crowds the executive out from enforcement entirelyβand even then, only under narrow conditions" Nitisha Baronia, Jared Lucky, Diego Zambrano
Law students and recent grads! Thinking about clerking? Donβt overlook state courts. State Court Report has a new resource w/ info and deadlines for 95 state supreme court justices. Check it out! @statecourtreport.bsky.social
statecourtreport.org/state-judici...
Hey, speaking of the importance of public utility regulators: here's a jobs board showing all the PUC positions open across the country. There's no better place to leverage positive change. We badly need good people in these spots! Tell your energy nerd friends to apply!
Bizarrely, the Trump Administration is trying to roll back energy-saving rules at the VERY SAME TIME that they're claiming we're in a dire energy emergency without enough power to meet surging demand. Not to mention that the rollback is illegal.
legal-planet.org/2025/05/14/n...
"courts in the United States are comparatively less likely to be captured than those of many other countries and more able to resist an authoritarian populist regime, but also somewhat more likely to facilitate democratic backsliding on their own account." Stephen Gardbaum
Flying duck caught in Swiss speed trap believed to be repeat offender
Today, House Republicans are unveiling their plan to increase energy bills and pollution for everyday Americans, just to give billionaires another tax break. A summary of their proposals. THREAD! π§΅
Fantastic blog post by our great Golieb fellow @nwdonahue.bsky.social, recovering the Progressive Era intellectual terms at the heart of Humphreyβs Executor (and so agency independence) β quick and critical read
"The Powelliphanta land snails are among some of the largest in the world, roughly the size of a golf-ball, and found only in New Zealand. They are slow growing and can live for decades. They eat mostly slugs and earthworms, which they slurp up like spaghetti."
City Planner Gets Halfway Through Designing City Before Realizing Heβs Just Doing Philadelphia Again
City Planner Gets Halfway Through Designing City Before Realizing Heβs Just Doing Philadelphia Again
theonion.com/city-pl...
"Cost reductions from laying off federal employees have been too small to show up in the data. DOGE seems quite likely to expand long-term budget deficits. If you thought DOGE was really about cutting costs, you were never in on the joke." @jessicabriedl.bsky.social