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(1/4) Now in print! My long-pending article on the major questions doctrine has been published at 112 Calif. L. Rev. 899 (2024), californialawreview.org/print/major-qu….

Less than half of positions will be confirmed in the first year of a new administration. Additionally, 33% of positions experience a departure on average in year 5. This means that planning for vacancies for extended periods is crucial for personnel management across terms.

Much of this work is informed by the great scholarship of Anne Joseph O'Connell. Anyone interested in this topic should read her ACUS report and Columbia Law Review article.

In this Viewpoint, Lee Fleisher, Anne Joseph O'Connell, and Michelle Mello discuss several major rulings from the US Supreme Court’s 2023 to 2024 term and how these rulings may affect federal agencies’ ability to enact health policy. ja.ma/3XhJhw6

My take on SCOTUS' incursions into agency authority, with Anne Joseph O'Connell & Lee Fleisher: The sky isn't falling--but it's a lot more cloudy. StanfordHealthPolicy Stanford Law School

We’re launching OpenOMB, a new website that makes it easier for Congress and the public to track budget documents called apportionments — and assess whether the executive branch is following federal spending laws or potentially flouting them. Learn more: OpenOMB.org

This is not good. Trump still declining federal transition services even as second deadline passes govexec.com/management/202…

🐼🐼 Beary big breaking panda news! 🐼🐼 This is not a drill: Two giant pandas are on their way to the National Zoo. Bao Li and Qing Bao are set to board the Panda Express within the next few hours, flying from China to their new home in DC. washingtonian.com/2024/10/14/its…

NEW: A flight that appears likely to be the Panda Express w/ DC's 2 new Pandas onboard (based on timing/flight schedules & reporting) has taken off from Chengdu, China, en route to Dulles International Airport (via Anchorage, AK). Slated to arrive in VA at 9:55 am tomorrow.

The last pandas — Mei Xiang and Tian Tian — were some of my first clients as a trial attorney at Federal Programs. So exciting new ones are coming!

A panda nepo baby has landed in DC. 🐼✈️ The new DC pandas arrived at Dulles Airport this morning. See how one of the new arrivals, Bao Li, is related to other famous DC National Zoo pandas. More here: bit.ly/4eOnena

Clear eyes, full hearts, can’t lose… beat Cruz!

In this Viewpoint, Lee Fleisher, Anne Joseph O'Connell, and Michelle Mello discuss several major rulings from the US Supreme Court’s 2023 to 2024 term and how these rulings may affect federal agencies’ ability to enact health policy. ja.ma/3Yh4IN1

“Trump 2.0 could … find Republican commissioners and board members at, say, the Securities and Exchange Commission, and they will qualify, I believe, under the Vacancies Act,” O’Connell said. “Now, the Vacancies Act has never been used that way.” politico.com/news/2024/10/3…

I think there is a strong argument that the Fed Chair cannot be fired at will (see thread below) b/c he has a term. But others disagree, including @PeterContiBrown. Chairs w/o terms (& non PAS chairs) can be demoted to commissioners, which then tees up the Humphrey's Executor ?.

The Senate takes too long to confirm agency nominees, even when the same party controls the WH & Senate—see the Biden Administration. If the threat of recess appointments makes the Senate change its rules to speed up confirmations, that would be a good thing. Better than actings.

HumphreyBohun I got a lot of grief from the left (and I am on the left) during Trump 1.0 on my Vacancies Act views but I care about agencies functioning. These recorded votes on assistant secretaries are nuts. Maybe we can cut PAS slots in 2025!

Must I answer queries on whether Patriot Mindset is correct about the Federal Vacancies Reform Act? Ladies and gentlemen, they are not correct. (And I defended much of Trump's use of the FVRA the last time round, at least on legality).

Since taking office President Trump has fired the board members of independent agencies, like the FTC, Inter-American Foundation, African Development Foundation, and NLRB. Anne Joseph O'Connell explores whether the president had the legal and constitutional authority to do so.