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Wurman on the Necessary and Proper Clause and the Administrative State, lsolum.typepad.com/legaltheory/20…

This coming Friday Michigan Law School, Michigan Journal of Law Reform is hosting a terrific symposium on the future of agency independence. Details here: yalejreg.com/nc/university-…

"Judicial Accountability," soon in The Georgetown Law Journal. Recent judicial doctrines move ever more authority from "unaccountable" agencies to courts. That raises the question: are courts more accountable? The doctrine doesn't address that question. So I do. 1/ papers.ssrn.com/sol3/papers.cf…

Tomorrow!

I suspect I will begin to transition to the bluer pastures (handle: nicholasbednar) over the next few days. It seems a critical mass of the people I follow are shifting toward that platform.

President-elect Trump has promised to make it "much easier to fire rogue bureaucrats" once he returns to office next year. Nicholas Bednar explores his plans to do so—including Schedule F—and the challenges the reforms may face. lawfaremedia.org/article/a-prim…

Attn #adlaw nerds: Call for Papers for Tenth Annual Administrative Law New Scholarship Roundtable here Michigan Law School 5/19-5/20: yalejreg.com/nc/call-for-pa…

I joined the Justice Department through the Honors Program back in 2008, when President George W. Bush was in charge. My politics didn't matter. Nor should they have. Rescinding all outstanding offers is an enormous blunder and a worrying signal about what's to come.

Over at Lawfare, I have an essay on the executive orders and their effect on the federal workforce. lawfaremedia.org/article/presid…

On Day 1, President Trump announced several executive orders aimed at reshaping the federal workforce. Nicholas Bednar details exactly what the various EOs do, from establishing Schedule F to creating the 'Department of Government Efficiency.'

One of the things that some law students sometimes think after getting their grades is that doing well or poorly suggests innate ability (or its absence) in particular fields. If you get an A in Torts and and a B- in Contracts, you might say, well, I should be a tort lawyer

Stanford Law Review is excited to announce our 2026 Symposium: The APA at Eighty: What’s Next for Administrative Law? We invite manuscripts addressing any aspect of administration. Accepted articles will appear in SLR in print. For more information, see review.law.stanford.edu/wp-content/upl…

Over at Yale Journal on Regulation, I discuss the federal hiring freeze and the legality of job revocations. yalejreg.com/nc/hiring-free…

On Lawfare Daily, Alan Rozenshtein talked to Nicholas Bednar about the wave of EOs affecting the civil service, what the orders say, how they might be challenged in court, and what this means for the next four years and beyond.

Minnesota Law Review is proud to announce Stuart Levesque has been elected Editor-in-Chief of Volume 110. Join us in congratulating Stuart!

Over at Lawfare, I have a new post examining the legal foundations (or lack thereof) of the deferred resignation program (i.e., the buyout). I conclude with some thoughts about who may or may not take the offer. lawfaremedia.org/article/breaki…

Minnesota Law Review will open our submission window for Volume 110 on Monday, February 10. Pieces can be submitted on Scholastica or by emailing [email protected].

"OSC may investigate alleged prohibited personnel practices and seek corrective action from the MSPB for unlawfully removed, suspended, or demoted employees. Trump’s efforts to fire Dellinger threaten the rights of federal employees and OSC’s role in protecting them," writes

Congrats to NYU Law Review & Institute for Policy Integrity for a spectacular symposium. Interesting, super timely remarks from Chris Walker & many others. Many thanks for including me & allowing me to highlight Harmonizing Delegation & Deference After Loper Bright. papers.ssrn.com/sol3/papers.cf…

New report out by me and my team. We conducted interviews with former nominees of Senate-confirmed positions to highlight the stark challenges faced by nominees, their families and the agencies they aim to serve. presidentialtransition.org/reports-public…