Notice & Comment: Responding to a Quorumless Merit Systems Protection Board
The Trump Administration, using a range of means, has sought to decimate the federal civil service. That has included efforts to fire probationary employees, initiate large-scale reductions in force at multiple agencies, and place large groups of employees on administrative leave. At the same
Notice and Comment: Setting the Record Straight on the APA’s “Good Cause” Exception
In defending President Trump’s April 2025 memorandum directing agencies to rescind regulations they deem to be “facially unlawful,” a recent post in this forum misinterprets the scope of the “good cause” exception to the notice-and-comment requirements of the Administrative Procedure Act (APA).
OnLabor: The DOL Cannot Repeal Misclassification Rules Without Reasoned Decisionmaking
On May 1, 2025, the Acting Administrator of the Department of Labor’s Wage and Hour Division published a Field Assistance Bulletin stating that, while the Department is reconsidering its 2024 notice-and-comment rule on “Employee or Independent Contractor Classification Under the Fair Labor Standards Act,”
Notice and Comment: Enforcing the Payday Lending Rule
Much like the Trump Administration’s attempt to “dismantle and disable the agency entirely,” the administration’s latest effort to prevent CFPB from enforcing vital consumer protections is unlawful.
Lawfare: Overcoming the Tucker Act After Department of Education v. California
Even after the Supreme Court’s shadow-docket decision, there remain ways to assert award-termination challenges in district court.
Notice & Comment: DOGE and the Three Bears
Classifying USDS carries implications for, among other things, whether it is subject to the Freedom of Information Act and the Administrative Procedure Act and, indeed, whether it may properly exert power at all.