v nice piece mapping potential challenges to HHS actions targeting gender affirming case — lots in here for statutory interpretation people to chew on

Sean McBride@seanmmcbride.bsky.social · 4mo ago

Alexander L. Chen and I have written a commentary in the Yale Journal on Regulation examining recent regulatory actions by HHS targeting gender-affirming care for minors. #HealthLaw #MedSky #Policy @jdmortenson.bsky.social www.yalejreg.com/nc/the-trump...

Alexander L. Chen and I have written a commentary in the Yale Journal on Regulation examining recent regulatory actions by HHS targeting gender-affirming care for minors. #HealthLaw #MedSky #Policy @jdmortenson.bsky.social www.yalejreg.com/nc/the-trump...

Exactly!! 1) from a statutory interpretation standpoint, this rule cannot stand. When you look text that confers to HHS the ability to promulgate CoPs, this rule would violate ejusdem generis and the major questions doctrine (which one could view as a canon of construction). Long thread...

Chris Geidner@chrisgeidner.bsky.social · 8mo ago

And, to be clear, what they are proposing is unconstitutional and illegal and should be blocked by any just court. (I know, I know, but, the fact remains.)

1/n In Slaughter, the Chief brings up this question. From a purely textual standpoint, I'm not sure why the answer isn't simply DOD, Veterans Affairs, State, and maybe Homeland Security. Article 2, Section 2 lays out a short list of the explicit powers conferred on the President.

Proud to March with @mcbride.house.gov in the Hockessin 4th of July Parade. Was a family affair.

This enables the court to avoid embracing the gov’s arg that universal injunctions can never be issued. And there’s a “how convenient” to this. You know that right-wing judge who keeps issuing nationwide injunctions re: abortion? Well, he’s interpreting a different statute, the APA. Doesn’t apply.

I’m going to owe my kids “curse word” money when they read this article. Proud, as always, of Aunt SaSa :) @mcbride.house.gov t.co/SILhbs74fp

this piece from @rickhills.bsky.social and @richardprimus.bsky.social is excellent on the big picture background, w concrete case studies from early republic and early 20c repository.law.umich.edu/mlr/vol119/i...

Trump signed an executive order late last night that illegally strips workers of their collective bargaining rights. This will impact over one million Americans. I’ll support all efforts to stop this egregious assault on labor unions.

1/n Oral arguments in Consumer Research didn't sound favorable for fans of "public" non-delegation. But with a Congress currently enthrall to the executive, we should want checks on Congress' ability to delegate legislative authority, even if it desires the delegation.

The firm’s statement is worth reading:

Well argued. Persuasive. And a clarion call to action for America's universities. www.theatlantic.com/ideas/archiv...

The Cost of the Government’s Attack on Columbia

American universities have given the country prosperity and security. The Trump administration’s attack on academic freedom endangers all of that.

theatlantic.com

This is the correct response.

INCOMING: My first weekly newsletter, the McBride Memo, hit inboxes this morning! Each week, I'll share 5 quick things I'm working on to deliver for Delawareans — the perfect read to go with your morning cup of coffee. Sign up at mcbride.house.gov!

@ilyasomin.bsky.social calls it correctly. The US govt has paid El Salvador to imprison individuals who are merely alleged to have a committed crimes in the US. A flagrant violation of the 5th amendment. reason.com/volokh/2025/...

How Trump's Alien Enemies Act Deportations Violate the Due Process Clause of the Fifth Amendment

Most public debate over the Trump Administration's efforts to use the Alien Enemies Act as a tool for deportation have focused on whether

reason.com

Sean McBride@seanmmcbride.bsky.social · last yr.

Does arranging and paying for the imprisonment in El Salvador of persons formerly on US soil who are merely accused (but not convicted) of criminal activity within the United States encroach on these individuals' 5th and 6th amendment rights? @stevevladeck.bsky.social #legalsky

Does arranging and paying for the imprisonment in El Salvador of persons formerly on US soil who are merely accused (but not convicted) of criminal activity within the United States encroach on these individuals' 5th and 6th amendment rights? @stevevladeck.bsky.social #legalsky

Josh makes short work of the “unitary” executive theory. As a convinced congressional maximalist, was a great listen. Would also encourage folks to check out @jedshug.bsky.social’s “Vesting” and @jdmortenson.bsky.social’s “The Executive Power Clause”. Case closed. @mcbride.house.gov

Josh Chafetz@joshchafetz.bsky.social · last yr.

So, I was on Sarah Isgur's "Advisory Opinions" podcast to explain why independent agencies are good and constitutional, actually. podcasts.apple.com/us/podcast/h...

This was the date set in the end of year (2024) appropriations bill passed by the prior Congress and signed by President Biden. Congress was always going to have to provide for a statutory extension. We knew this in December. I’m confident Congress will act.Our seniors deserve it. #medsky

1/n Reasonable people can differ as to what the % threshold should be for indirects. But while our nation remains committed to the rule of law, there are bright line statutory and constitutional bars to unilaterally changing that threshold via Tweet (charitably described as sub-regulatory guidance)

<son rummaging through my iphone with full storage so he can find apps to delete and install a game> Son: Dada! Can I delete EPIC? Me: Son: Can I? Me: Um.... #medsky

In the middle of Monday night after pausing critical federal funding that American families and workers rely on, President Trump fired NLRB General Counsel Jennifer Abruzzo and Board Member Gwynne Wilcox. 🧵

There is simply no plausible argument that the president has the constitutional authority to refuse to spend appropriated funds because he doesn’t like how the money is being spent. The legality of policy impoundments is just not a close question.

Thank god for the federal judiciary. The last bulwark of constitutional accountability. www.nytimes.com/2025/01/23/u...

Judge Blocks Trump’s Plan to End Birthright Citizenship

A federal judge in Seattle has issued a temporary order halting the president’s plan.

nytimes.com

Today I met with Colombian Ambassador Daniel García-Peña Jaramillo as part of my new role on the House Committee on Foreign Affairs. We discussed the root causes of immigration and the trafficking of drugs from South America.

Great thread on public sector unionization (a category of worker who was not covered by the NLRA).

Erik Loomis@erikloomis.bsky.social · 2y ago

This Day in Labor History: January 17, 1962. President John F. Kennedy signed Executive Order 10988, granting federal employees the right to collective bargaining for the first time. Full text here. This began the last great period of union growth in American history to the present.

Nice to see SaSa acting as a positive role model for the silent majority of Americans who love a good meal from their local KFC/Taco Bell. @mcbride.house.gov wapo.st/3DMZwKd

Actually, Sarah McBride does have an agenda

Sarah McBride, the first out transgender member of Congress, represents Delaware in the House, and has fielded attacks from fellow members such as Rep. Nancy Mace.

wapo.st

It is the honor of a lifetime to represent Delaware in Congress. Let’s get to work.

So proud of Rep Sarah McBride (aka Aunt SaSa). The family was thrilled to be alongside her for the big day #politics #USHouse

Guys, C-SPAN is momentarily in a state of lawless anarchy.

Hospitals (or vendors) should configure the EMR so that it limits physician notes to 500 characters. Whatever liability mitigating language you want to drop in should be done so automatically and hidden from view by any MD end-user. Saves input and end user time (=$ and reduces data storage costs.