tphillips.bsky.social - Profile | ThreadSky | a Reddit-style client for Bluesky

Will voters will care if/when taxpayer funds are spent on unnecessary and wasteful items? Without personal liability, the only checks on executive branch officials are elections: for President and for a Congress to hold the executive accountable. www.bloomberg.com/news/article...

submitted 16 minutes ago • 0 comments

Fourth Cir. in National Association of Immigration Judges v. Owen considers whether IJs can challenge a policy that requires IJs to obtain permission before speaking publicly. Remands the case to consider the jurisdictional issue because MSPB lacks a quorum. 1/6 www.ca4.uscourts.gov/opinions/232...

submitted 1 day ago • 1 comment

In light of the Fifth Circuit's oral arguments today in cases applying SEC v. Jarkesy to the banking agencies, Jacob Cunningham and I have a new draft essay explaining how bank regulation is fundamentally different from the SEC's enforcement actions. papers.ssrn.com/sol3/papers....

submitted 1 day ago • 0 comments

@reporterev.bsky.social at @bloomberglaw.com is doing yeoman's work tracking the CFPB. Today's news: Examiners are being told to close out MRAs without knowing whether MRAs are actually being addressed, which is thought to be a prelude to examiners being terminated.

submitted 3 days ago • 0 comments

I spoke with @pionline.bsky.social about the prospect of a single-person CFTC. "If the decisions that a single member takes are litigated, I really have no idea where the courts will end up” on whether there is a quorum. www.pionline.com/regulation/c...

submitted 5 days ago • 0 comments

The real problem with the Supreme Court’s expected Fed carve out is not that it lacks a principle but that the real principle isn’t articulated. The reason it will carve out the Fed is functional but it won’t say that. And its jurisprudence doesn’t leave room to ventilate the functional arg.(1/8)

submitted 12 days ago • 31 comments

The relationship between structural independence and the expertise and experience within an agency's policymaking workforce is significant and positive. www.cambridge.org/core/journal...

submitted 12 days ago • 5 comments

"There is simply no principled way of ensuring the Fed’s removal protections stand while striking down those of all other agencies." Read @tphillips.bsky.social's article in light of the Supreme Court's decision that allows President Trump to remove heads of independent gencies, except for the Fed.

submitted 12 days ago • 19 comments

As I wrote previously, "There is simply no principled way for the Supreme Court to retain the Fed’s removal protections while overturning Humphrey’s Executor and statutory protections for other agencies." And today's opinion shows it. www.lawfaremedia.org/article/repe...

submitted 13 days ago • 1 comment

If you want to understand why the Fed isn't any different, you can learn why here: www.lawfaremedia.org/article/repe... The Court just doesn't seem to care about any of this.

submitted 13 days ago • 3 comments

No no no no no! Ugh. This is just so ahistorical!

submitted 13 days ago • 0 comments

My essay (with a new title) on how the Supreme Court's recent administrative law jurisprudence has disincentivized notice-and-comment rulemaking to the detriment of regulated industries has been published by the DePaul Law Review! via.library.depaul.edu/cgi/viewcont...

submitted 14 days ago • 0 comments

I think the Appointments Clause of the Constitution might have something to say about this.

submitted 14 days ago • 0 comments

Who on here is going to LSA in Chicago next week and wants to connect? I'd love to see you IRL!

submitted 17 days ago • 0 comments

Who on here is going to LSA in Chicago next week and wants to connect? I'd love to see you IRL!

submitted 17 days ago • 0 comments

If unicorns need another reason to refrain from going public, changes to the GENIUS Act give it to them. punchbowl.news/wp-content/u...

submitted 20 days ago • 0 comments

Why is the Speaker of the House conceding that a President has the right to fire the Librarian of Congress?

submitted 21 days ago • 1 comment

Looks like I misread the CPSC's website. There are currently two commissioners in office. So, they can operate for the next six months, but not after that unless the President appoints and the Senate confirms new commissioners.

submitted 26 days ago • 0 comments

Does anyone On Here know why the Supreme Court grounded Jarkesy in the Seventh Amendment's jury-trial right and not Article III's right to a judicial trial? Both would have gotten Jarkesy's case out of the SEC.

submitted 26 days ago • 1 comment

There is now only one Commissioner at the CPSC, meaning that the Commission may not be legally able to operate under the statute's quorum rules.

submitted 26 days ago • 1 comment

A majority of the Consumer Product Safety Commission was just fired. thehill.com/homenews/adm...

submitted 26 days ago • 5 comments

Hi folks. Who here is coming to the ABA Adlaw workshop tomorrow and has an interest in getting dinner this evening or tomorrow evening?

submitted 28 days ago • 0 comments

Hi folks. Who here is coming to the ABA Adlaw workshop tomorrow and has an interest in getting dinner this evening or tomorrow evening?

submitted 28 days ago • 0 comments

I'm in @prospect.org about how Senate Democrats can use Republicans' maneuver to put them on the record about everything the Trump Administration does and prevent votes on judicial nominees and partisan legislation.

submitted 29 days ago • 0 comments

"How to Tie Up the Most Precious Resource in Washington" In my new piece for @prospect.org, I detail how Democrats can use the Congressional Review Act to spend Senate floor time on votes to overturn Trump Administration rules that have no chance of passing. prospect.org/politics/202...

submitted 30 days ago • 4 comments

To be clear, this has HUGE implications. 30 Senators can force a vote on Congressional Review Act resolutions. So if adjudications are now subject to the CRA, 30 Senate Dems can clog up the floor with resolution after resolution, forcing votes on every. single. thing. the Trump Administration does.

submitted 33 days ago • 1 comment

If Senate Republicans go through with this, it opens the door to Democrats forcing votes on everything agencies do; if the CRA now applies to adjudications, everything can be CRA'd. www.axios.com/2025/05/01/s...

submitted 33 days ago • 1 comment

The White House has told agencies to rescind rules without notice-and-comment that conflict with statute. It seems that the plan may be to use AI to figure out consistency and not give the public any chance to weigh in.

submitted 35 days ago • 0 comments