Dan Walters

@profdanwalters.bsky.social

Law professor at Texas A&M University School of Law, specializing in administrative law. Views are mine alone. Dog pictured is Oliver Wendell Holmes Walters Jr. (RIP 2025) https://law.tamu.edu/faculty-staff/find-people/faculty-profiles/daniel-e.-walters

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

What actually triggered people was that over half the population followed the recommendations because they were trying to be good people contributing to the welfare of the nation. People don't like feeling like they're selfish, and you can't help but feel that in that situation.

Andy Craig@andycraig.bsky.social · 7d ago

Aside from its many other problems, the idea Fauci was America's power-abusing covid dictator is somewhat complicated by the fact that he never had the power to do the things they're mad about. His recommendations bound nobody and were not particularly rigorously followed by the actual policymakers.

This is not (or should not be) surprising to anyone who has been paying attention, but it is nevertheless stunning to have it in court records. It represents, without any exaggeration, a betrayal of the nation (not to mention the millions of Trump voters in many of these ostensibly "blue" states).

tony romm@tonyromm.bsky.social · 2w ago

NEW: In a stunning admission, the Trump administration admitted in court documents that it canceled billions in energy grants to states "based solely" on politics -- and whether that state was represented by Democrats and backed Harris in 2024. www.nytimes.com/2026/07/24/b...

Yes, and 99 percent of coal plants failed when there was no more coal on hand... I am truly at a loss for words to describe how obtuse and/or manipulative this message from the Department of Energy is.

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The problem with writing an op-ed about this kind of thing is that two days later you've got so many great new examples--this, the White House intervening on behalf of Taylor Farms, selling access to advance information from POTUS. It's a dark time indeed. thehill.com/opinion/whit...

Handing agency oversight to Trump is a fatal blow to public trust

Public trust in government has been declining for decades, and Trump v. Slaughter will surely exacerbate the trend.

thehill.com

The Volatile Mermaid@ohnoshetwitnt.bsky.social · 2w ago

I’m sorry what

No wonder they think civilian universities are off the rails; even military academies are too lefty for them. This just goes to show you how little credibility the entire movement has as a genuine complaint about ideological diversity.

David Burbach 🇺🇸@dburbach.bsky.social · 3w ago

The report contends the academies are educating new officers to be 'philosophers and bureaucrats' but by the math the biggest change would be a radical reduction in the number of engineering and science grads in favor of military history and "leadership".

Even more alarmingly, 23 percent of people who think Trump is using his office for personal gain strongly or somewhat approve of his job performance--implying, of course, that they view the graft as entirely appropriate, or as irrelevant to job performance. Not sure what you do with that...

Catherine Rampell@crampell.bsky.social · 4w ago

60% of Americans say Trump is using his office for personal gain, and only 27% say he isn't. yougov.com/en-us/articl...

I really do think that there needs to be a movement--every bit as sustained and well-organized as the movement leading to Slaughter--to invigorate the positive requirements of the Take Care Clause of Article II. It's sitting there in plain sight and it means what it says.

Todd Phillips@tphillips.bsky.social · 4w ago

@nicholasbednar.bsky.social and I raised the Vacancies Act issue in an amicus brief. We were ignored. I think the answer is that firing officials such that the agency cannot function is not taking care that the law is faithfully executed, and should be undone, regardless of Slaughter.

I've looked at Slaughter closely and Justice Sotomayor is right that the majority does not take the time to reassure us, as it did in Free Enterprise Fund, that its formalistic reasoning will not eventually reach the civil service. That retreat into silence is incredibly disconcerting.

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Today is a breaking point for me. There is just no way this country can continue to leave the functionality of its institutional machinery to the throes of the fever dreams of five or six amateur political theorists.