Bringing new meaning to "bargaining in the shadow of the law."
15.02.2026 00:36 β π 0 π 0 π¬ 0 π 0@profdanwalters.bsky.social
Law professor at Texas A&M University School of Law, specializing in administrative law. Views are mine alone. Dog pictured is Oliver Wendell Holmes Walters Jr. (RIP 2025) https://law.tamu.edu/faculty-staff/find-people/faculty-profiles/daniel-e.-walters
Bringing new meaning to "bargaining in the shadow of the law."
15.02.2026 00:36 β π 0 π 0 π¬ 0 π 0One of those (Roberts) was based on standing, which should not be an issue in the inevitable challenge to this action. I'd place a big bet on Roberts/Kavanaugh/Barrett joining Kagan/Sotomayor/Jackson to refuse to upend Mass v. EPA.
13.02.2026 00:26 β π 0 π 0 π¬ 0 π 0Not once does this story mention that the Supreme Court in 2007 rebuked the argument that EPA lacks authority to regulate carbon dioxide as a pollutant. Let's not let SCOTUS off the hook here: it will need to decide whether to change course, because otherwise this is likely dead in the water.
12.02.2026 19:14 β π 7 π 4 π¬ 1 π 2The new Washington Post should start a reader poll for what other ideological opinions they want the Trump administration to spoonfeed the Postβs editorial board.
12.02.2026 14:31 β π 4 π 1 π¬ 0 π 0Impossible for me to fathom how a publication like the @washingtonpost.com could survive the revelation that propagandists in the administration literally feed it the stories and opinions they want it to print--and the Post just does it.
12.02.2026 14:04 β π 13 π 8 π¬ 0 π 1I see we're back to being concerned about clear legal authorization for major agency action. I wonder what could explain that.
11.02.2026 19:44 β π 4 π 1 π¬ 2 π 0Taxpayers are going to keep the dirty, dying coal industry alive for a bit longer.
11.02.2026 18:49 β π 138 π 45 π¬ 15 π 8These people are completely incompetent.
11.02.2026 14:17 β π 3 π 0 π¬ 0 π 0I will say, it's also very possible that somebody in El Paso did something "woke" that pissed off Trump and this is the retaliation. This is just how our government works now.
11.02.2026 13:05 β π 2 π 0 π¬ 1 π 0Announced by social media post, no less.
11.02.2026 12:57 β π 3 π 0 π¬ 1 π 0The common denominator: very, very stupid.
11.02.2026 12:53 β π 8 π 0 π¬ 0 π 0Well this is weird. For whatever reason, I suspect this is not good.
www.nytimes.com/2026/02/11/u...
So what do we think: does Sage exist?
10.02.2026 21:50 β π 0 π 0 π¬ 0 π 0There will never not be an existential threat to Texas's fragile self-conception.
10.02.2026 13:53 β π 5 π 2 π¬ 1 π 0"The agency claims that in the past it had offered only point estimatesβthat is, single numbersβfor the monetized value of reduced ozone and particulate matter, obscuring uncertainty around the agencyβs estimates. . . . But zero, alas, is a point estimate, too."
www.theregreview.org/2026/02/09/c...
"The nearby Ambassador Bridge, one of the busiest border crossings on the continent, has been privately owned for decades by a Detroit trucking industry billionaire and his family, the Morouns."
The what?
Have at it, it's great imagery!
10.02.2026 01:39 β π 1 π 0 π¬ 0 π 0Looks great! And you're also in prime position to write a follow-on article on primordial administrative law.
10.02.2026 01:33 β π 2 π 0 π¬ 1 π 0Ring getting us to help train their facial recognition algorithm (that they'll probably use to help ICE) by claiming to help find lost puppies is some sick, cynical stuff.
09.02.2026 02:12 β π 4 π 0 π¬ 1 π 0This is amazing.
09.02.2026 01:43 β π 4 π 0 π¬ 0 π 0So, first of all, of course it was Trump.
But even if they were telling the truth, "We give staffers who post videos of the Obamas as apes access to the agenda-setting, decree-sending, market-moving account of the president of the United States" is not the exculpatory statement they think it is.
"The current reality is that the federal government is no longer a reliable source of widespread data collection."
Which is really convenient when you want to just make stuff up that helps you politically.
Someone needs to challenge this rule on arbitrariness grounds just for the principle that political science matters.
05.02.2026 19:04 β π 1 π 0 π¬ 0 π 0Relatedly, what in the world is this theory that the patronage system got away from the president, necessitating reforms to help the president reassert control? I've never seen this revisionist history before.
05.02.2026 18:27 β π 0 π 0 π¬ 0 π 0What that means is that if the courts find that OPM misinterpreted the civil service laws, there might still be a defense from the administration that this is an inherent Article II power with essentially no limits that we know of.
05.02.2026 18:24 β π 0 π 0 π¬ 1 π 0The theory seems to be that the civil service laws' language allowing reclassification for employees "of a confidential, policy-determining, policy-making or policy-advocating character" is just superfluous. Presidents always had plenary removal authority that included this power.
05.02.2026 18:24 β π 0 π 0 π¬ 1 π 0In order to execute his Article II duty to ensure that the laws are faithfully executed, the vast expansion in the scope and complexity of Federal law has required the President to delegate such authority to thousands of career civil servants involved in policy formulation.
OPM's Schedule Policy/Career rule just dropped, and apparently OPM is under the impression that the President makes a constitutional decision about whether to "delegate" his Article II authority to career civil servants. They think all he's doing now is reclaiming that constitutional authority.
05.02.2026 18:18 β π 3 π 1 π¬ 1 π 0Deeply shocked.
05.02.2026 18:05 β π 5 π 0 π¬ 1 π 0