Nick Bednar
@nicholasbednar.bsky.social
McKnight Land-Grant Professor, Law and Political Science at U. of Minnesota. AdLaw, Admin. Capacity, and the Federal Workforce. Contributing Editor for Lawfare; Nonresident Fellow at Brookings. Signal: Nbednar.46 Opinions are my own; Not UMN.
Federal employees are suing OPM over the removal of gender-affirming care coverage from federal health plans, arguing the policy is unlawful. The case could affect thousands across the federal workforce. By Erich Wagner
LGBTQ+ feds sue to restore FEHB coverage of gender affirming care
A class action lawsuit challenging the Trump administration’s campaign to block gender affirming care coverage under federal agencies’ employer-sponsored health insurance program said the move is…
buff.ly
Federal agencies are rushing to move hundreds of workers into new buildings. Employees say the moves are significantly disrupting their work. n.pr/3TzChv9
Bedbugs, bad Wi-Fi: Federal workers say forced summer relocations have been chaos
Federal agencies are rushing to move hundreds of workers into new buildings. Employees say the moves are significantly disrupting their work.
n.pr
The Bureau of Labor Statistics, Census Bureau and other federal statistical agencies are feeling the effects of deep staffing losses. Experts say the hardest thing to replace may be the experience walking out the door. Jory Heckman reports:
Staffing cuts are leaving federal statistical agencies stretched thin
The Bureau of Labor Statistics and Census Bureau have been hard hit by staffing cuts, and experts say replacing lost expertise won't happen overnight.
buff.ly
Over at @lawfaremedia.org, Peyton Baker, Amy Wildermuth, and I discuss the recent decision in Comans v. Executive Office of the President and what it reveals about the questions emerging in the Post-Slaughter world.
In Comans v. Executive Office of the President, a district court applied Slaughter, the Supreme Court's ruling letting the president remove 'subordinates.' Peyton Baker, @nicholasbednar.bsky.social, and Amy Wildermuth break down the decision, which upheld removal protections for inferior officers.
In Comans v. Executive Office of the President, a district court applied Slaughter, the Supreme Court's ruling letting the president remove 'subordinates.' Peyton Baker, @nicholasbednar.bsky.social, and Amy Wildermuth break down the decision, which upheld removal protections for inferior officers.
Inferior Officers Protections Post-Slaughter
A district court judge has affirmed removal protections for inferior officers in the first case to consider the question post-Slaughter.
lawfaremedia.org
5:14 AM. I have written the best introduction to an Article that I have ever written. I can only hope the remaining 20,000 words go as smoothly.
@iumaurerlaw.bsky.social seeks to hire several TT law professors this academic year & welcomes entry-level & lateral candidates. Our hiring details and the application portal is available here: indiana.peopleadmin.com/postings/33776. Our committee would love to hear from interested candidates.
Associate Professor of Law or Professor of Law
Indiana University Maurer School of Law in Bloomington is seeking outstanding entry-level and lateral tenured/tenure-track applicants to meet needs in a variety of curricular areas caused by planned r...
indiana.peopleadmin.com
My letter to the WA Supreme Ct earlier this evening urging diploma privilege as a remedy for the disastrous failed attempt at administering the July 2026 WA Bar Exam, and its unwise postponement to September. No altogether good options, but equity and fairness require diploma privilege for the… 1/2
Overnight, a masked bandit broke into our kitchen. Armed with opposable thumbs, he proceeded to sample everything on offer. I’d just visited the farmers market, so the menu was extensive. I can now share a highly specific peer-reviewed list of what this particular raider did & did not enjoy. 🧵
Raccoon's Evil Smile: 'Good, Good'
Alt: Raccoon's Evil Smile: 'Good, Good'
static.klipy.com
New draft paper on SSRN: "Fact Avoidance," forthcoming in the Harvard Law Review Supreme Court Issue. This Essay identifies a recurring feature where the Court decides presidential power cases entirely on legal grounds without engaging at all with the facts /1 papers.ssrn.com/sol3/papers....
Fact Avoidance
<p><i><span>The legality of the President’s exercise of statutory power depends on questions of both law and fact. Yet courts often focus exclusively on the for
papers.ssrn.com
Another Trump appointment without the statutory qualifications for the job; yet again the Senate GOP ignores that fact. "Better than Pulte" is not the bar. [50 USC 3023: "Any individual nominated for appointment as DNI shall have extensive national security expertise."]
GOP confirms Jay Clayton as spy chief
A bunch of top academics recently signed a letter calling on Congress to respond to presidential removals that break quorums. thehill.com/homenews/599...
Academics call on Congress to restore agency independence after Trump v. Slaughter
A group of more than 50 academics on Monday wrote a letter to congressional leaders urging them to restore agency independence following last month’s Supreme Court ruling, which granted President T…
thehill.com
Stripping civil service protections in the states has a much more questionable empirical record than this Op-ed suggests. Government operations aren't easily equated to business operations. www.washingtonpost.com/opinions/202...
Opinion | Governments don’t have to settle for mediocre workers
North Carolina is the latest state to make it easier to fire poor performers.
washingtonpost.com
You know what happens when you hurt the reputation of an employer that doesn't offer particularly competitive wages within its industry? news.bloomberglaw.com/us-law-week/...
DOJ Honors Program Losing Luster for Law Students, Deans Say
Angelica Afanador arrived at American University’s law school in 2024 aspiring to get hired into the Justice Department’s honors program. Not anymore.
news.bloomberglaw.com
Over at @ssrn.bsky.social, @tphillips.bsky.social and I have a new essay called "A Faithful Execution Exception to Slaughter," examining whether courts should enjoin removals when they break quorums in multimember commissions. papers.ssrn.com/sol3/papers....
A Faithful Execution Exception to Slaughter
In Trump v. Slaughter, the Supreme Court held that Article II permits a President to remove principal officers at will. Ostensibly, the removal power allows the
papers.ssrn.com
The fight over who sits on the USPS Board of Governors may be about more than the #Postal Service. Experts say the nominations could preview what's ahead for bipartisan boards across government. Reporting by Jory Heckman and Erich Wagner:
USPS nominations test the future of bipartisan boards
Federal law requires that no more than five members of USPS’ Board of Governors be from the same political party. The Trump administration has only submitted Republican nominees so far.
buff.ly
🚨New Book Alert 🚨 Thrilled to announce the publication of my first book: Rural Pain, Republican Gain by @uchicagopress.bsky.social ‼️ Officially released in one month but at the warehouse and ready to ship to you and yours! press.uchicago.edu/ucp/books/bo...
Rural Pain, Republican Gain
An eye-opening look at how Republican policies have affected health outcomes in rural communities and why poor, rural white voters are turning to the Republican Party—not despite this harm, but becaus...
press.uchicago.edu
idk but i saw this cartoon in the new yorker today and i was like oh that’s perfect for nick bednar’s entire state of being during Trump II send up the bednar signal!!🦇
This will be an important case to watch: Under 28 USC 546, a district court can fill a vacancy for US Attorney (the top prosecutors in federal courts) in some situations. US District Court appointed Rogoff as acting US Attorney. Trump fired Rogoff. 1/6 www.politico.com/news/2026/07...
Fired federal prosecutor in Seattle sues Trump
Roger Rogoff was axed just hours after judges appointed him to the job.
politico.com
Colorado Law is hiring! Looking at all levels, with particular needs in Tax, Labor and Employment, and Business, though we welcome applications from all specialties. Deets: jobs.colorado.edu/jobs/JobDeta...
Open Rank — Tenure-Track Law Professor
jobs.colorado.edu
Judge Nachmanoff has released the full opinion in Comans, which draws on Perkins. Amy Wildermuth, Peyton Baker, and I will have something written about this case soon and what its discussion of inferior officers means for Slaughter. storage.courtlistener.com/recap/gov.us...
#64 in Comans v. Executive Office of the President (E.D. Va., 1:25-cv-01237) – CourtListener.com
ORDERED that Plaintiff's Motion for Partial Summary Judgment re 45 is GRANTED as to Counts I and II. ORDERED that Defendants' Cross-Motion for Summary Judgment re 54 is GRANTED as to Count VII. ORDERE...
storage.courtlistener.com
🪧 The University of Toronto (St. George) is hiring in American Politics, with a focus on democracy in the United States. Please spread the word! I'm on the committee and am more than happy to answer questions. Full ad & details here: jobs.utoronto.ca/job/Toronto-...
Flattered to be in the Adlaw Reading Room, courtesy of @dtdeacon.bsky.social, for my new piece with @levmenand.bsky.social. As Dan says, it’s very short! And it’s part of a larger project, so thoughts and feedback eagerly welcomed!!
Ad Law Reading Room: "The Case for Administrative Law Pluralism," by Menand and Rosenblum - Yale Journal on Regulation
Today’s Ad Law Reading Room entry is “The Case for Administrative Law Pluralism,” by Lev Menand and Noah Rosenblum, which is forthcoming in Building Democratic Capacity: Essays on Administrative Law’s...
yalejreg.com
Useful reading for incoming 1Ls from @orinkerr.bsky.social
If you're starting law school this fall, you might be interested in my short essay, "How to Read a Legal Opinion: A Guide for New Law Students." You can download it for free here: papers.ssrn.com/sol3/papers....
The Supreme Court just took up a case (Jouppi v. Alaska) that asks whether prosecutors violated the 8th Amendment's bar against excessive fines when they confiscated a pilot's private plane (worth $95,000) after he unknowingly flew a passenger's beer into a dry town. ij.org/case/alaska-...
Jouppi v. Alaska - Institute for Justice
Ken Jouppi, a longtime Alaska bush pilot, is fighting the forfeiture of his plane over a six-pack of beer.
ij.org