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

🧵 I filed adverse public comments today on 13 individual rules from the Dept of Energy. 😮‍💨 The bee in my bonnet was the agency's improper use of a very specific procedure called "direct final rule." Buckle up for some in-the-weeds admin law!

submitted 9 days ago • 3 comments

The Legal Institute of the Great Lakes is seeking applications for the 2025-2026 Fellowship. www.utoledo.edu/law/academic...

submitted 26 days ago • 0 comments

In one of my first cases, in West Va, one of the other lawyers told the court that "even a blind pig finds an acorn once in a while." And I have found it useful ever since.

submitted 42 days ago • 1 comment

Keep an eye out for programming for Great Lakes and Fresh Water Week, starting June 1.

submitted 50 days ago • 0 comments

www.propublica.org/article/noaa...

submitted 50 days ago • 0 comments

UT is offering a short course on Water. From the program: "The course will address virtually all things water, and is aimed for a broad audience including teachers, university students, water providers and the general public." Register below: secure.touchnet.net/C20238_ustor...

submitted 58 days ago • 0 comments

A thoughtful piece on the tariff fallout for legal practice, with some quotes from me toward the end. www.yahoo.com/news/trump-t...

submitted 78 days ago • 0 comments

#Law #profs, please add yourselves, your schools, your programs to the current social media census up at The Faculty Lounge: www.thefacultylounge.org/2025/04/its-...

submitted 79 days ago • 1 comment

Tomorrow I am speaking to the Federation of Associations of Regulatory Boards about the Major Questions Doctrine and its implications for state regulatory power. More information and registration information below: www.farb.org/Webinars

submitted 86 days ago • 0 comments

Tomorrow I am speaking to the Federation of Associations of Regulatory Boards about the Major Questions Doctrine and its implications for state regulatory power. More information and registration information below: www.farb.org/Webinars

submitted 86 days ago • 0 comments

Looking forward to presenting "Meauring Judicial Partisanship with Tools of Interpretation" as part of the State Constitutional Studies Seminar series on this Thursday, March 27, at 1:00. More info and registration below.

submitted 92 days ago • 0 comments

Agree with this whole thread, but I'll add one point to this list: the very existence of process makes it less likely that the government gets it wrong in the first place, bc gov actors know that the process will be used to challenge their conclusions.

submitted 99 days ago • 0 comments

I was interviewed by The Telegraph (UK) in this thoughtful piece about the law firm EO litigation, including some historical context on presidential targeting. nam04.safelinks.protection.outlook.com?url=https%3A...

submitted 100 days ago • 0 comments

Looking forward to presenting to the State Constitutional Studies Seminar on March 27. More info below.

submitted 103 days ago • 0 comments

This is an effective complaint. It is concise and the few, well-placed citations signal the arguments to come. Notably, the complaint references cases about the "class of one" doctrine and the bill of attainder clause without mentioning them directly (unless I missed them). /

submitted 105 days ago • 1 comment

I'm in this story about the EOs targeting specific law firms. In short, I think this kind of targeting without any process is bad. www.reuters.com/world/us/tru...

submitted 108 days ago • 2 comments

William of Attainder, more formally.

submitted 110 days ago • 1 comment

GULC is particularly well-situated to take a strong and clear stance against this dangerous nonsense, and I am glad it is playing a leadership role here.

submitted 111 days ago • 0 comments

With his permission, I'm sharing Dean Treanor's response to Ed Martin's letter:

submitted 111 days ago • 869 comments

Finally got around to putting this thing on SSRN: papers.ssrn.com/sol3/papers....

submitted 115 days ago • 0 comments

I have a new draft paper on SSRN called “Statutory Backups for Endangered Constitutional Rights.” A “statutory backup right” is a statutory right that parallels a constitutional right that is believed to be at risk of judicial abrogation. An example is the Respect for Marriage Act of 2022. 1/3

submitted 125 days ago • 6 comments

The title of my essay published today in The Atlantic is pretty much what I'd have thought to be a unanimous understanding of the Constitution: “Presidents May Not Unilaterally Dismantle Government Agencies.” Yet Trump's assault on checks and balances continues. www.theatlantic.com/ideas/archiv...

submitted 133 days ago • 3 comments

Not to understate the magnitude of the problems with DOGE’s interference in agency operations, but Musk and his people exemplify what is wrong with delegation to nonexperts: lack of accountability; lack of restraint; and arbitrary and capricious behavior. /

submitted 143 days ago • 1 comment

Not to understate the magnitude of the problems with DOGE’s interference in agency operations, but Musk and his people exemplify what is wrong with delegation to nonexperts: lack of accountability; lack of restraint; and arbitrary and capricious behavior. /

submitted 143 days ago • 1 comment

All right, I'm back. And my record as the most terrible lava monster at the playground remains intact. So, here's some quick takeaways on Trump's stupid 10-out, 1-in executive order, which you can read here: www.presidency.ucsb.edu/documents/ex...

submitted 144 days ago • 1 comment

In 2024, legislators in multiple states introduced bills seeking to politicize the disciplining of judges, limit the enforcement of court rulings, or reduce judicial power in other ways. Our new report details which states introduced what, and where they succeeded.

submitted 146 days ago • 8 comments

Can anyone confirm whether federal agency staff have been told not to participate in meetings with state agencies implementing programs with federal grant funds? Is it a directive in one of the recent EOs? I have heard of a couple of examples, but I don't know how widespread it is.

submitted 147 days ago • 0 comments

Sometimes legal academics do work that is premised on formal legal materials, like precedent and text. Sometimes they focus on some legal materials but not others. Sometimes they do work that is not premised on legal materials. All of these can be ok, as long as they make their premises clear. /

submitted 152 days ago • 1 comment

Over at Yale JREG Notice and Comment blog, Alan Morrison has a great summary of some of the nondelegation doctrine amicus briefs and their varying approaches in the pending #SCOTUS case FCC v. Consumers' Research (universal service fund challenge): www.yalejreg.com/nc/dueling-v...

submitted 153 days ago • 1 comment