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Anne Joseph O’Connell @ajosephoconnell.bsky.social · 21/08/2026

CA2 joins CA3/CA9 on US attorney front: no post vacancy first assistant as an acting under Vacancies Act & tasks cannot be delegated to one person. Big question now: can you delegate to two people? If not, the next Democratic Admin isn't going to function. ww3.ca2.uscourts.gov/decisions/OP...

ww3.ca2.uscourts.gov

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Marty Lederman @martylederman.bsky.social · 18/08/2026

Had the same reaction: The analysis on pp. 30-34 is both mistaken and potentially very problematic. @ajosephoconnell.bsky.social

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Anne Joseph O’Connell @ajosephoconnell.bsky.social · 17/08/2026

Latest on acting US attorneys: following CA3, CA9 today held (1) default first assistant actings must be in place before vacancy & (2) agency cannot delegate all duties to 1 person as alternative. Extends beyond US attorneys. Big changes for new Administrations. cdn.ca9.uscourts.gov/datastore/op...

gao.gov

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Anne Joseph O’Connell @ajosephoconnell.bsky.social · 03/08/2026

Gillian Metzger, Eloise Pasachoff, & I finished the 2026 supplement to the Gellhorn & Byse Administrative Law casebook. It is comprehensive, with excerpts from many cases, administrative documents, & scholarship. Email me if you want a copy. We hope it is useful to practitioners as well as teachers.

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Anne Joseph O’Connell @ajosephoconnell.bsky.social · 13/03/2026

Have taken the 8th grade son and friend to Jonah Kagan concert in SF tonight. Son loves him — thinking he may be 30 year old in young teenage body (judging from the rest of the crowd).

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Nick Bednar @nicholasbednar.bsky.social · 17/02/2026

Over at Lawfare, I examine the peculiar constitutional theory undergirding OPM's final rule on Schedule Policy/Career

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Liza Goitein @lizagoitein.bsky.social · 12/02/2026

Yesterday we learned that the Department of Justice is monitoring and tracking members of Congress’s searches of the Epstein files. There’s no sugar coating it: the administration is spying on lawmakers as they exercise their constitutional oversight responsibilities. 1/10

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Anne Joseph O’Connell @ajosephoconnell.bsky.social · 06/02/2026

Things need to change here as we are in the midst of yet another suicide cluster -- and removing a lethal means is one thing to do. I send my love to all the teenagers in Palo Alto and especially to the trans community. I wish I could carry some of your pain. padailypost.com/2026/02/05/p...

padailypost.com

Palo Alto schools superintendent calls to close train crossing – Palo Alto Daily Post

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Anne Joseph O’Connell @ajosephoconnell.bsky.social · 06/02/2026

Trump 2.0 is frightening. But Rubio delegating tasks of the Archivist doesn't violate any statute. Could raise conflict concerns (since Byron is on leave from an entity affected by NARA). And it could raise appointments clause issues (is he an officer?). 1/ federalnewsnetwork.com/people/2026/...

federalnewsnetwork.com

Marco Rubio out as acting head of National Archives | Federal News Network

Before the end of his tenure, Rubio tapped James Byron, senior advisor to the archivist, to serve and perform the functions of archivist.

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Anne Joseph O’Connell @ajosephoconnell.bsky.social · 20/12/2025

I am taking a few days of respite at Half Moon Bay. I had become an angry caregiver to the generation above and below. Listening to the ocean and reaching out to old friends has reminded me that I am loved and that although I can also do better I am doing the best I can. Tomorrow has yet to come.

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Anne Joseph O’Connell @ajosephoconnell.bsky.social · 19/12/2025

Glad future administrations will benefit from this rules change as well. There are still a lot of vacancies!

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Josh Gerstein @joshgerstein.bsky.social · 24/11/2025

BREAKING🚨🚨🚨: Judge rules Trump pick Lindsey Halligan illegally appointed to US Attorney post, dismisses Comey & James cases. But "without prejudice," so they could be refiled although Comey's attorneys say statute of limitations has run. w/ @kyledcheney.bsky.social www.politico.com/news/2025/11...

politico.com

Comey, James cases dismissed as judge disqualifies interim US attorney Lindsey Halligan

A judge concluded Halligan’s appointment violated laws that limit the ability of DOJ to install top prosecutors without Senate confirmation.

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Nick Bednar @nicholasbednar.bsky.social · 21/11/2025

Today at 4:00PM EST/3:00 PM CST, I'll be at the ABA Administrative Law Conference speaking with @ajosephoconnell.bsky.social, @nicholashandler.bsky.social, and Philip Howard about the future of the civil service. Have been looking forward to this conversation all semester!

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Bridget Dooling @bridgetdooling.bsky.social · 11/11/2025

Here’s the link again: events.americanbar.org/event/a13a77...

events.americanbar.org

2025 Administrative Law Fall Conference

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Bridget Dooling @bridgetdooling.bsky.social · 11/11/2025

The second is on the future of the civil service with Nick Bednar, Anne Joseph O’Connell, and Nicholas Handler. It’s really going to be great. So join us! It’s free! For real! Really proud of the ABA Admin Law Section for making lemonade (free conference!) out of lemons (shutdown!).

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Bridget Dooling @bridgetdooling.bsky.social · 11/11/2025

Can you help me get the word out? We are having trouble reaching government attorneys due to the shutdown. This is 6 hours of CLE of FREE through the ABA. But you don’t have to be an attorney to sign up! Thread of topics we will cover:

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Anne Joseph O’Connell @ajosephoconnell.bsky.social · 28/10/2025

Government smartly dropped its claim below that President has inherent authority under Article II to name acting officials outside Vacancies Act. Perlmutter didn't contest firing of Librarian--argues Trump can't fire an inferior officer a department head named (her). Same issue in IAF litigation.

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Anne Joseph O’Connell @ajosephoconnell.bsky.social · 24/10/2025

A proposal for temporary US attorneys: Permit AG to make *one* 120-day appointment of anyone (& keep the district court role) under 546. But for Vacancies Act (modeled after acting IG reform in NDAA): restrict picks to other confirmed people & senior DOJ people there >90 days before the vacancy.

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Anne Joseph O’Connell @ajosephoconnell.bsky.social · 21/10/2025

At least here, Congress now requires acting IGs to be drawn from IG offices. They could do that for acting US attorneys.

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Thomas Berry @thomasberry.bsky.social · 21/10/2025

Great live thread of this morning's Third Circuit oral argument in the Alina Habba Vacancies Act case. I agree that unfortunately the judges did not show the command of the basics of the FVRA that you would hope for.

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Anne Joseph O’Connell @ajosephoconnell.bsky.social · 21/10/2025

I don't buy the government's argument at the end that it does not use delegation for the whole job, that it goes to the FVRA first. That's not what it did at FEMA--both "heads" are serving through delegation, not the FVRA. Past Administrations have used delegations for whole jobs--is that allowed?

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Anne Joseph O’Connell @ajosephoconnell.bsky.social · 21/10/2025

Seems like Giraud is now saying that Habba can oversee all legal proceedings but not give speeches through delegation. Not sure they want to end up there....

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Anne Joseph O’Connell @ajosephoconnell.bsky.social · 20/10/2025

I am listening to CA3 argument now on the Vacancies Act. I am screaming & we are only on minute 4. This is separate from the merits. YOU ARE OFTEN THE FIRST ASSISTANT AND THE ACTING. Now you might not be a proper first assistant but the Vacancies Act assumes when it applies the default has 2 titles.

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Anne Joseph O’Connell @ajosephoconnell.bsky.social · 07/10/2025

Try 2: He named himself 1st asst. Seems like 1st asst is an inferior office, requiring head to name. Also brings up the ? from US Attorney cases about whether you can name a 1st asst after a vacancy. I think yes (if it's the director), but Congress needs to limit. www.nytimes.com/2025/10/06/u...

nytimes.com

C.I.A. Deputy Director Has Replaced Agency’s Top Legal Official With Himself

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Don Moynihan @donmoyn.bsky.social · 03/10/2025

The unitary executive theory puts all the power of the executive branch in the hands of one person. That is a problem when he is unaware of some pretty big decisions being made by his underlings.

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Tracey Tully @traceytully.bsky.social · 28/08/2025

I spent the last several days wandering around federal courthouses in NJ to see how a judicial ruling, which concluded Alina Habba had no authority to be the state’s top prosecutor, was affecting criminal cases. >> Here’s what I saw and heard. w/ @jonesieman.bsky.social

nytimes.com

Inside the Crisis Gripping New Jersey’s Federal Courts

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Anne Joseph O’Connell @ajosephoconnell.bsky.social · 21/08/2025

Although I think the Vacancies Act is broader (than the ruling today), which would help Dems >> Reps, I went back to Biden's start on DNJ's US Attorney. When the confirmed Trump 1.0 person left 1/5, his first assistant (career person) became acting and stayed until Biden's pick was confirmed. Norms.

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Anne Joseph O’Connell @ajosephoconnell.bsky.social · 21/08/2025

Two smaller acting/interim issues in ruling specific to US Attys: (1) Court holds Vacancies Act is available, even though there is the 28 USC 546 provision (only win in ruling for government). (2) Court holds under 546, AG gets only 120 days from initial appointment so 120 days ran out on July 1.

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Anne Joseph O’Connell @ajosephoconnell.bsky.social · 21/08/2025

Some thoughts on the Habba ruling. TL;DR: it upends practice of Republican and Democratic Administrations on actings. I expect Government will win on appeal, at least on the second big issue. The first big issue is about whether first assistants can be named after a vacancy. First court to rule no.

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Anne Joseph O’Connell @ajosephoconnell.bsky.social · 21/08/2025

Not just about US attorneys. Judge holds that first assistants cannot be named after a vacancy. And that you cannot use delegation (even of nonexclusive functions) for covered positions under the Act (though they can be ratified later). storage.courtlistener.com/recap/gov.us...

storage.courtlistener.com

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Jim Speta @jspeta.bsky.social · 20/08/2025

The criticisms here of the effects on law students are right, but miss the most important piece: hiring on first semester grades hurts first-gen students, students who don't have lawyers in the family, students who take a little longer to adjust to law school, etc. 1/ www.law.com/2025/08/18/h...

law.com

How Law Students Are Navigating Early Recruitment | Law.com

“In some ways, that’s very powerful, to kind of have your career plan that's buttoned up,” but “the flip side of that, of course, is your career plans are buttoned up for a couple years,” said Carey B...

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Anne Joseph O’Connell @ajosephoconnell.bsky.social · 14/08/2025

Summary Judgement for Sara Aviel -- head of IAF! "To begin, if the President has the power to appoint acting officials to any principal office by default, then the FVRA would be utterly meaningless." storage.courtlistener.com/recap/gov.us...

storage.courtlistener.com

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Anne Joseph O’Connell @ajosephoconnell.bsky.social · 14/08/2025

All fixed now! Justice Kagan once asked a lawyer in a Vacancies Act case why his client didn’t just go public & explain violation of Act. Lawyer: Because I would have to explain the Vacancies Act.

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Anne Joseph O’Connell @ajosephoconnell.bsky.social · 14/08/2025

"Under the statute, someone serving as acting agency CEO must have been previously confirmed to another position..., have acted as principal deputy of the CEO for at least 90 days of the past year or be a senior nonpartisan agency official." Wrong on last 2 of the 3. www.npr.org/2025/08/13/n...

npr.org

Is Kari Lake a CEO? Her agency said so. The law suggests not

Kari Lake has sought to dismantle Voice of America and its federal parent, the U.S. Agency for Global Media. The agency has recently called her its acting CEO. But the law suggests she's not eligible ...

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juststeller.bsky.social @juststeller.bsky.social · 29/07/2025

Pardon my French, but the situation in NJ is a clusterfuck. Here’s the letter from the office of the public defender to Chief Judge Brann. I’d like to point out the official channels through which the NJ attorneys and judges communicate. Unlike Trump, Bondi, Blanche, Habba, who do so via X.

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juststeller.bsky.social @juststeller.bsky.social · 29/07/2025

Brief in opposition to the motion to dismiss on the basis that Habba is unlawfully serving as “acting” U.S. attorney. Status conference at 3. The office of the public defender also filed a letter on its own behalf (see next post).

storage.courtlistener.com

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Anne Joseph O’Connell @ajosephoconnell.bsky.social · 25/07/2025

In case you want to hear me, rather than read me. And the aim was to speaker to a broader audience than lawyers who know 3345(a) v. 3345(b) of the Vacancies Act. We had to record twice, thanks to the chaotic, fast moving events.

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The Regulatory Review @theregreview.bsky.social · 24/07/2025

After Kennedy v. Braidwood Management, the HHS Secretary "could refuse to adopt the [U.S. Preventive Services] Task Force’s recommendations, fire its members, and appoint new members with questionable qualifications," Professor Anne O’Connell of @stanfordlaw.bsky.social observes. buff.ly/4Tw4Tw2

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Anne Joseph O’Connell @ajosephoconnell.bsky.social · 24/07/2025

I have been thinking about this: Blanche says pursuant to presidential authority Grace was fired, not by presidential direction. Reminds me of the kerfuffle over whether Berman was fired by Barr or Trump in term 1. What a mess.

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Anne Joseph O’Connell @ajosephoconnell.bsky.social · 24/07/2025

My summary & brief commentary on SCT Braidwood decision. CA5 v. Supremes was lose-lose choice for public health. Under CA5: PSTF members had to be Senate confirmed. Under Supremes: PSTF can be picked by HHS Sec only because Sec can fire them & overturn ratings. www.theregreview.org/2025/07/24/o...

theregreview.org

Expert Officers Under Political Supervision | The Regulatory Review

The Supreme Court validates political control over public health decisions.

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Anne Joseph O’Connell @ajosephoconnell.bsky.social · 24/07/2025

A short thread on possible litigation over the NJ US attorney mess. 1. Could we have Grace v. WH Replacement? An echo of the English v. Mulvaney CFPB lawsuit in Trump 1.0, though the legal issue was different. That would require Grace to sue. She is holding herself out as the interim US attorney:

linkedin.com

It has been the honor of a lifetime to represent the United States and to serve the people of New Jersey for the last nine years. | Desiree Grace

It has been the honor of a lifetime to represent the United States and to serve the people of New Jersey for the last nine years. There’s no better place to work. There’s no mission more important. ...

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Anne Joseph O’Connell @ajosephoconnell.bsky.social · 23/07/2025

We have the presidential removal. So who thinks Habba will be named to a second 120-day term? And who thinks they will turn to the Vacancies Act and name someone else (they cannot name her so long as she is nominated)?

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Anne Joseph O’Connell @ajosephoconnell.bsky.social · 23/07/2025

DOJ says it acted pursuant to President’s authority so Grace is out. The question now is will they name Habba to a new 120 day interim US attorney appointment or will they turn to the Vacancies Act and name a different person as acting US attorney.

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Sean Marotta @smmarotta.bsky.social · 23/07/2025

This is random and orthogonal, but I hope the Court asked Grace first before doing this and I hope Grace went in knowing she likely won't have a government job at the end of this.

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Anne Joseph O’Connell @ajosephoconnell.bsky.social · 23/07/2025

Since @orinkerr.bsky.social asked, a thread, from limited information reported online, about how I see the US attorney mess in DNJ. 1. Trump picked Habba as interim US Attorney under 28 USC 546. Technically, the AG is supposed to pick, but whatever. She gets 120 days to serve.

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Anne Joseph O’Connell @ajosephoconnell.bsky.social · 23/07/2025

But she didn’t fire her as the interim US Attorney — only the President can do that.

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