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blakeprof.bsky.social
Professor of Law, UCLA School of Law. Administrative law, political theory. Author: The Public’s Law. https://law.ucla.edu/faculty/faculty-profiles/blake-emerson
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NEW PIECE: On the shorter side for my recent writings, I take a chance to step back and return to the big picture. Why should we care if the Trump administration, and Musk's DOGE, are acting unconstitutionally? The answer is not as simple as it might seem. www.crisesnotes.com/why-should-w...

This strikes me, to use one of my (many) favorite French expressions, as une question mal posée. The problem is not, are we having a constitutional crisis? Only an idiot would deny that. The real problem is that we are experiencing overt constitutional failure. www.theatlantic.com/newsletters/...

No matter how preposterous, the Times headlines nearly every Trump story as if it were written by the White House comms team.

OREGON: “The house & senate are totally abdicating their responsibilities.” @RepBentz (R) is the latest Republican to get confronted by constituents at a town hall. (Tennessee folks— town halls are these things where senators/reps show up and you can talk to them in person)

Federal workers launch a new site to share inside information about DOGE

Trump: “We are the federal law.”

Steve Bannon has ruined Barbour coats for me.

@nytimes.com kindly get your head out of the sand (substitute for a more vulgar but appropriate expression). The French Right will call it a Nazi salute, but you can’t?

Medicaid is not for sale. NASA is not for sale. The Post Office is not for sale. America is not for sale. We have an obligation to resist kings. We outnumber them. And they can be overwhelmed.

Somehow missed this: Musk posted the name, picture and financial disclosure information of the daughter of a Judge who blocked his funding cuts b/c she used to work at the Dept of Education. www.msn.com/en-us/news/p...

I’m not going to repost that appalling video of Bannon giving a Nazi salute at CPAC. Pritzker has the right response. www.nbcnews.com/news/amp-vid...

Great letter from my colleagues @sbagen.bsky.social, @mjschlanger.bsky.social and other legal scholars across the country explaining why it is not necessary to start eliminating university programs because Trump

In addition to Congress being the place that makes the laws, pretty key thing, the constitution explicitly says Congress gets to create the postal system. It’s not left implied that that comes under law making generally. The President has no power to unilaterally abolish it and move it to commerce.

They may regret coming for the ALJ’s. Not to be trifled with. Many Veterans.

Minnesota’s deputy director for the Small Business Administration was fired Feb. 7, rehired days later when the government said it made a mistake, and then fired again last week. Another federal employee who was abruptly fired has newborn twins in the NICU. More stories of chaos + cruelty:

This discussion by Jamelle Bouie @jamellebouie.net and Aaron Retica on the Trump Admin’s unconstitutional moves in the executive branch is one of the best summaries out there. Agree that the appointments clause issues aren’t getting enough public attention

The federal workforce is bearing much of the brunt of this assault and the opposition needs to rally around them. Labor rights are constitutional rights.

going on-record like this is pretty brave imo www.youtube.com/watch?v=wT4u...

UnITaRy ExEcUTiVe

Teamsters: anti-union.

“The Flying Public.” A boy can dream

Who actually is the United States DOGE Service Administrator? I can find no record, official or otherwise, clarifying this point. Nothing on the official DOGE website or the White House website. Did I miss something?

Re Musk/DOGE, are we seeing any qui tam suits under the False Claims Act? 🤔

This is the problem with having two chains of command—one legal and one real.

NEW non-clarifying clarifications about Elon Musk's employee status filed just now in a NM-led lawsuit: —Musk, as a presidential senior adviser, "has no actual or formal authority to make government decisions himself." He is also not DOGE's administrator. storage.courtlistener.com/recap/gov.us...

Government submits declaration to Judge Chutkan by top White House official Joshua Fisher saying: Musk is not leader of DOGE. "That explanation...seems to directly contradict the way President Donald Trump and Musk have spoken publicly about the so-called Department of Government Efficiency." Yup

Who cares about Congress passing tax cuts if Musk can do whatever he wants at the IRS without Congress doing anything? This should not be the top line news story today.

The destruction of the public is only accelerating. It’s an all-out assault on the body politic.

"The emails were 'from an "exec order" Microsoft email address' — not a government email address." apnews.com/article/doge...

Wife was a probationary employee let go over the weekend. She was a researcher with CMMI. If anyone has leads on jobs for a PhD social science researcher with an expertise in Medicare, Medicaid, and private health insurance, please let me know!

🚨 SCOOP: DOGE is seeking personal taxpayer data at IRS, sources tell me. 🚨 Trump admin is pushing IRS to agree to an MOU that would give DOGE access to granular data on every taxpayer, business and nonprofit in the country.

New, from me: DOGE's mass firings of probationary employees are a masterclass in how not to manage public organizations. They don’t have a plan to fix what they are breaking because they don’t understand or care about the damage they are doing. 🧵 donmoynihan.substack.com/p/doge-misma...

I need people to play attention to this 👇 and to what I said on Thursday www.marketplace.org/2025/02/13/t... The destruction of politics is coming for the economy

Good for Scholz. Vance is a national embarrassment. As a Jew, I am ashamed and angered that a representative of the US government would embrace the far-right in Germany.

Who is the Administrator of the United States DOGE service? No one seems to know. After a hearing on DOGE access to Treasury payment systems, @tylermcbrien.bsky.social and I asked one of the DOJ attorneys who argued on behalf of the administration. “I don’t know the answer to that,” he replied.

I was happy to contribute to this data-forward account of the federal purge. And let me die on the hill that says it is "more likely costing the taxpayers [as] a function of losing the most market competitive and competent employees across the federal government." www.wjcl.com/article/thou...

We should consider the ethical basis for contesting unlawful directives, as well the legal protections, or lack thereof (by me). www.tandfonline.com/doi/full/10....

This is going to be devastating to the public health, and to innovation in responding to pressing health needs. Trump administration to fire thousands at health agencies www.statnews.com/2025/02/14/f... via @statnews.com

I have a ton of respect for these attorneys. I’ll just note that, if you buy the unitary executive theory, a resignation-in-protest is about the most any executive branch official can do to contest unlawful directives and abuse of power. It’s not nothing. But legal protection for would be far better

Is it weird to anyone else that Trump is so invested in Eric Adams? Is it because what he’s always is respect in NYC?

Complaint against Vought by consumers and CFPB employee unions for unlawfully shutting down the agency. www.guptawessler.com/wp-content/u...

"'...I don't think they understand that federal employees are no strangers to miserable conditions,' said the staffer. 'They'll need to either fire me or burn this building down to get me to leave.'" That's kinda metal. subscriber.politicopro.com/article/eene...

NEW This may be one of the most important cases. Doe 1-26 vs. Elon Musk and DOGE Complaint: "Attempted government takeover" in violation of the Appointments Clause. www.justsecurity.org/wp-content/u...