Nick Bednar

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!

See also:

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

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.

From the fednews community on Reddit Explore this post and more from the fednews community

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

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.

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. 🧵

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.

The Pentagon Goes to War With Anthropic Podcast Episode · Scaling Laws · February 27 · 46m

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...

HLS Rappaport Forum: The Docket That Shall Not Be Named - The Supreme Court’s Emergency Orders - Harvard Law School Guest Speakers Jonathan H. Adler Tazewell Taylor Professor of Law and William H. Cabell Research Professor William & Mary School of Law Kate Shaw Professor of Law Penn Carey Law, University of Pennsyl...

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...

The major debate over major questions in the tariffs decision is only the beginning Clear Statements is a recurring series by Abbe R. Gluck on civil litigation and the modern regulatory and statutory state. The Supreme Court’s decision striking down the president’s tariffs last week…

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.

As noted, Rosen asserted in his email that "[t]he lawyers in my civil division didn't deserve" the supposedly inaccurate January 28 order. Putting aside the fact that the January 28 order was not inaccurate, Rosen failed to mention that this Court said the following in the show-cause order that preceded the January 28 order: The Court expresses its appreciation to attorney Ana Voss and her colleagues [in the civil division], who have struggled mightily to ensure that respondents comply with court orders despite the fact that respondents have failed to provide them with adequate resources. ECF No. 7 at 2 n.1. The judges of this District have been extraordinarily patient with the government attorneys, recognizing that they have been put in an impossible position by Rosen and his superiors in the Department of Justice (leading many of those attorneys- including, unfortunately, Ana Voss- to resign). What those attorneys "didn't deserve" was the Administration sending 3000 ICE agents to Minnesota to detain people without making any provision for handling the hundreds of lawsuits that were sure to follow.

If anything is "beyond the pale," it is ICE's continued violation of the orders of this Court. Increasingly, this Court has had to resort to using the threat of civil contempt to force ICE to comply with orders. The Court is not aware of another occasion in the history of the United States in which a federal court has had to threaten contempt -again and again and again - to force the United States government to comply with court orders. -5- CASE 0:26-cv-00107-PJS-DLM Doc. 12 Filed 02/26/26 Page 6 of 6 This Court will continue to do whatever is required to protect the rule of law, including, if necessary, moving to the use of criminal contempt. One way or another, ICE will comply with this Court's orders. Dated: February 26, 2026 (s/ Patrick J. Schiltz Patrick J. Schiltz, Chief Judge United States District Court

BREAKING: Judge Patrick Schiltz in Minnesota threatens criminal contempt, if necessary, to address ICE noncompliance in an order calling out U.S. Attorney Daniel Rosen's response to Schiltz's earlier questions about noncompliance with court orders.

"ICE will comply with this Court's orders."

Workshop on administrative burdens in the Americas, October 28-30, 2026 in Mexico City. With @fnietomorales.bsky.social @donmoyn.bsky.social @thepeoplelab.bsky.social @elizabethlinos.bsky.social, Bloomberg Center, Colegio de México & CIDE. Support for travel costs available. CfP tinyurl.com/k2xz28fr

Work in progress.

Maybe I'll write a version of "Consider the Lobster" about the relationship between junior faculty and tenured faculty.

For Your Consideration: Some Remarks on the Nearly Religious Experience of the Expedite Process

We seek a pioneering Law Review who wants to do a symposium.

Pale King made me think about teaching some sort of bizarre Administrative Law and Literature seminar.

If I get a say, it won't be the end of it at least...

MSPB Says It Will Not Hear Appeals of Conversions to Schedule Policy/Career The MSPB revoked its own authority to hear appeals from employees to be converted from the competitive service to the excepted service under Schedule

@nicholasbednar.bsky.social www.fedweek.com/fedweek/mspb...

Over at Yale J. on Reg, Peyton Baker (a phenomenal @umnlawschool.bsky.social student) discusses recent litigation surrounding whether Senior Executive Service (SES) employees are inferior officers are not.

www.yalejreg.com/nc/are-senio...

I think whether that's the actual expectation depends on what you are looking at. I don't think the administration cares whether HHS employs competent employees. My understanding is that it's internally a bit more caught off guard by the hemorrhaging in DOJ.

The funny thing is that a lot of those private sector business practices developed from fashioning old Progressive-era government practices for the private sector.

I blame the New Public Management literature.