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joeleisen.bsky.social
Professor of energy and administrative law, music and fútbol lover. Posts are not endorsements.
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The new fuzzy math.

Well reasoned opinion that seeks to protect some agency heads from firing - let’s hope the Supreme Court concurs.

Terrific idea

This - ALL of this - has been the plan for two years. It has all been intentional and must be stopped now.

#BREAKING: Chief Justice Roberts issues temporary, "administrative" stay of the government's midnight deadline to turn spending taps back on in foreign aid funding case. This is *not* a sign that the Court is going to rule for Trump on the merits; it's buying a short amount of time to sort it out.

This is awful. The endangerment finding is EPA's bedrock determination that climate pollution is harmful. Unwinding it would imperil all federal efforts to address climate change. Because it's a rule, it can't legally be struck down immediately: only a new rule made by notice & comment can repeal it

GSA plans to rip up federal EV charging stations and junk a perfectly good fleet of vehicles, incurring a high cost. Seems like that’s not exactly Government Efficiency.

The DOGE dodge: claim maximal power everywhere else, minimal power in court

I agree - the DOGE head has done far more than enough to be considered a principal officer required to be confirmed by the Senate - this "adviser" nonsense is not going to fool a smart judge

Trump wants to use the Congressional Review Act to overturn California's clean car program. There's just one problem. The Act clearly doesn't apply to the waiver. legal-planet.org/2025/02/24/c...

Remember stuff like this when they talk about cost effectiveness.

My absolute favorite band doing what it does best….calling out BS. Thank you DBT.

Agreed on all counts. Thanks, Steve.

And here's the money footnote:

Come. On. Fulham.

Cultural Revolution 2.0

I’m also a big fan of the Appointments Clause argument that Musk is an invalidly appointed PO

Second time in 2 days: asserting authority to take back $ from private banks.

This is a big deal. The DOJ will no longer defend for cause removal protections for commissioners of agencies like the FTC, removing a barrier to the President firing minority commissioners at will

Help me with this: Musk is a “special government employee” limited to serve 130 days … but he’s now purportedly in charge of all federal hiring?

My Administrative Law students already know how I feel about the APA. Hardly “obscure”!!

This would’ve seemed too obvious to require stating explicitly until the Musk/Trump wrecking ball was wheeled into place www.theatlantic.com/ideas/archiv...

Energy projects with funding awards made *before* this Administration now subject to political review.

A law passed after Katrina specifically prohibits reducing FEMA responsibilities or eliminating the agency without an act of Congress.

The ordinarily cautious and conservative ABA is blowing the whistle: The break-the-glass moment has arrived. www.americanbar.org/news/abanews...

BREAKING: A federal judge has determined that the Trump administration is violating his order lifting the blanket spending freeze on federal grant programs. He is orderin gthe administration to immediately unfreeze funds, including for NIH and the IRA. storage.courtlistener.com/recap/gov.us...

Real world hardship for farmers who made contracts and in some cases advanced tens of thousands of dollars counting on funds from Inflation Reduction Act clean energy programs.

Intrusion into another critical payment system? Needs to be stopped.

I would say 40 years, but this is a critically important thread.

Reminder: this is completely lawless

Spending freeze halted? Tell that to these energy project developers. Funds already obligated are not being spent.

NEW: Gwynne Wilcox—the NLRB Board Member illegally fired by Trump—has filed a lawsuit contesting her removal. She's represented by Gupta Wessler. This suit tees up an explosive test case about the president's power over independent agencies. storage.courtlistener.com/recap/gov.us...

Important point: Judicial supremacy (eg Loper Bright) is on a collision course with the unitary (really, plebiscitary) president (Arthrex, Seila Law). That’s a tension that litigators should exploit in challenging Trump’s novel (read “major”) departures from longstanding interpretations of statutes.

Please stop saying the President and Musk can close USAID. They cannot. It requires Congressional action. This from Just Security is a terrific in-depth explanation.

Couldn't agree more - folks should ALWAYS be asking "Is what they are doing lawful under statutes and regulations?"

From the website of the Bureau of the Fiscal Service: "We do not have decision-making authority for public policy about the budget or the debt."

Several conversations today w people in the key executive departments. And while the particulars are hard to pin down my impression is that the Musk take over stuff is considerably worse than is being presented in the press. By this I don’t necessarily things they *done* yet but the level of …

One legal issue with “Musk takes the checkbook” is that it seems like several Musk lackeys (or Musk himself) will be exercising substantial authority pursuant to public law. That’s unconstitutional, as they weren’t appointed consistent with the appointments clause or other applicable law

Relevant Supreme Court precedent: "relatively mild encouragement" to comply = OK; "pressure [that] turns into compulsion" = not OK. Clearly the latter & prohibited - it's admitted as such.

Elon Musk is locking government employees out of government systems and demanding access to the government's entire payment network. This is not legal, of course. www.reuters.com/world/us/mus...

The spending freeze was very different from the firings because the latter don’t pit Congress’s spending power against the unitary executive www.nytimes.com/2025/01/29/u...