causaldeference.bsky.social @causaldeference.bsky.social · 24/09/2026www.flra.gov/system/files... @donmoyn.bsky.social It seems that the FLRA issued a decision contrary to the Trump admin on telework… The Trump appointee wrote a dissent. @nicholasbednar.bsky.socialflra.gov 041
causaldeference.bsky.social @causaldeference.bsky.social · 17/07/2026I can’t get into it here, and you can’t receive direct messages, but there are subtle SES issues that I’ve yet to see covered in a law article. 010
causaldeference.bsky.social @causaldeference.bsky.social · 08/07/2026I think part of the issue here is if they extend their nonsense below agency heads. Also, presidential transitions could become inside when the previous president fires every commissioner to deny their successor a quorum. 100
causaldeference.bsky.social @causaldeference.bsky.social · 04/07/2026I think the independence can be 75% revived at quasi-legislative agencies through quorum requirements. Getting full revival would require some pain on firing an individual member. Quasi-judicial boards like the MSPB and FLRA need a requirement to hand down an opinion within 30 days, or something. 000
causaldeference.bsky.social @causaldeference.bsky.social · 03/07/2026And what about 2? Is there some way that Congress could make replacing a Commission member to restore a quorum painful? 100
causaldeference.bsky.social @causaldeference.bsky.social · 03/07/2026Could Congress make agencies that are defacto independent by: 1. Raising the quorum requirements. 2. Raising the number of votes required for confirmation if a member of a Commission is fired for their replacement. @nicholasbednar.bsky.social @kexelchabot.bsky.social @joshchafetz.bsky.social 110
causaldeference.bsky.social @causaldeference.bsky.social · 02/07/2026This would be an easy fix, and my union is dealing with this right now. The FLRA is bound by the DC Circuit. The chapter president doesn’t care how they rule so much as they rule quickly. 000
causaldeference.bsky.social @causaldeference.bsky.social · 02/07/2026I think more crucial than an actual ruling is that they rule. Would most of the problems be fixed if they would be required to rule by a certain date, quorum or not, and if they do not make a ruling then the employee wins? I think the important thing is that employees can appeal quickly. 100
causaldeference.bsky.social @causaldeference.bsky.social · 02/07/2026The impact at my agency…zero. One of the few Roberts Court decisions that was correct. 010
causaldeference.bsky.social @causaldeference.bsky.social · 02/07/2026Is this coming from a place of doubt about a future Dem president not working to give up powers, and/or doubt that a future Dem Congress will want to do what is necessary (court packing, add new states, etc.)? 000
causaldeference.bsky.social @causaldeference.bsky.social · 16/06/2026They believe that career civil service employees should make sacrifices or be sacrificed. 000
causaldeference.bsky.social @causaldeference.bsky.social · 10/06/2026Shouldn’t his argument be that Dems can get everything they want without packing? Legislation that conflicts with UET fails this. 030
causaldeference.bsky.social @causaldeference.bsky.social · 10/06/2026It’s also a bad article from the premise. Callais is not the only reason to pack the court. UET is bad enough. Another poster noted this to Somin, and he just responds by saying a packed court would be worse. 160
causaldeference.bsky.social @causaldeference.bsky.social · 10/06/2026Callais is bad, but it’s not the only reason to pack the court. For example, is there any legislation that could be done to mitigate an awful ruling in Slaughter? Could any legislation mitigate the court saying that the Civil Service Reform Act is unconstitutional? 1100
causaldeference.bsky.social @causaldeference.bsky.social · 06/06/2026No. The appendix lists the subordinate position, but the supervisor position is not in P/C. Let me give you an example. Imagine that an attorney was placed on P/C, but his boss, another attorney, was not. 100
causaldeference.bsky.social @causaldeference.bsky.social · 06/06/2026So, some of the positions in the appendix do not shake out the way you think. Without revealing too much, some positions are not on P/C within an agency, but a subordinate position is. This happens in some situations where the superior is in the competitive service. 100
causaldeference.bsky.social @causaldeference.bsky.social · 04/06/2026Hm. I do think some agencies are worried about filling P/C positions. At my agency, they were/are very concerned. 200
causaldeference.bsky.social @causaldeference.bsky.social · 04/06/2026Fed Reserve Board is another. 100
causaldeference.bsky.social @causaldeference.bsky.social · 04/06/2026Which agencies? GAO is one, but it’s not within the Executive Branch. 110
causaldeference.bsky.social @causaldeference.bsky.social · 03/06/2026From rumors that I have heard, agency heads fear that the positions will become unfillable once the current occupant retires. 100
causaldeference.bsky.social @causaldeference.bsky.social · 03/06/2026It adds far less people to P/C at the moment than originally thought. 100
causaldeference.bsky.social @causaldeference.bsky.social · 30/05/2026Yes, but people should not think expressing displeasure with a rule will end it. They will have to write something of substance, check if it was adequately addressed, and then sue if the answer is deficient. 100
causaldeference.bsky.social @causaldeference.bsky.social · 30/05/2026As someone who deal with the APA, this policy is going forward regardless of comments. If an agency head wants it, it’s happening. 100
causaldeference.bsky.social @causaldeference.bsky.social · 07/05/2026Don’t forget Hugo Black. I don’t know much about him, but a book awhile back described him as trying to reflect the will of the Democratic Party while on the Court. 010
causaldeference.bsky.social @causaldeference.bsky.social · 02/05/2026Someone who sees which way the wind is blowing. 120
causaldeference.bsky.social @causaldeference.bsky.social · 02/05/2026I thought he was a stupid Nazi, but he is saying everything that needs to be said to end fascism in America. 1220
causaldeference.bsky.social @causaldeference.bsky.social · 30/04/2026Even if an oracle showed them the future, and the future is the Court being packed and all their work undone, you think they still would do it? 000
causaldeference.bsky.social @causaldeference.bsky.social · 30/04/2026I have a separate question. Do you think, if the Robert’s court feared retaliation from Dems, they would have issued today’s ruling? Election analysts have run the calculations, and it ultimately benefits neither side. All it does is piss off Dems. 000
causaldeference.bsky.social @causaldeference.bsky.social · 26/04/2026“Packing the Court to advance civil rights and protect racial minorities is not part of our history and tradition.” 010
causaldeference.bsky.social @causaldeference.bsky.social · 26/04/2026The court has been packed before. On what grounds what they do this? 000
causaldeference.bsky.social @causaldeference.bsky.social · 22/04/2026I tortured myself and went to hear her speak last week while she hawked her book. Everything she says is either a lie or wishful thinking. 010
causaldeference.bsky.social @causaldeference.bsky.social · 19/04/2026I heard Sarah Isgur speak today at an event. She went out of her way to say that the Court should not be packed. 000
causaldeference.bsky.social @causaldeference.bsky.social · 18/04/2026Sarah Isgur is discussing her book with @jonathankarl.bsky.social today at Politics and Prose. Maybe he can ask her a question about the Shadow Docket in light of today’s news? 010
causaldeference.bsky.social @causaldeference.bsky.social · 13/04/2026You don’t need a constitutional amendment to do any of this stuff. Adding new states and packing SCOTUS would be a massive structural change to this country. 100
causaldeference.bsky.social @causaldeference.bsky.social · 12/04/2026Yes, though I don't regard it on the same level as the other reforms I just mentioned. It would bring structural change like the others, but stacking the Senate for the Democrats will ensure that no far-right government will effectively wield power. 000
causaldeference.bsky.social @causaldeference.bsky.social · 12/04/2026We can, effectively, do that here. Simply: 1. Get rid of the filibuster 2. Pack the Supreme Court 3. Add DC, PR as states 4. Break California into three states with an interstate compact among them such that they remain for economic purposes a single state to maintain the state's economic influence. 240
causaldeference.bsky.social @causaldeference.bsky.social · 04/04/2026This helps (sort of): www.congress.gov/crs-product/...congress.gov 020
causaldeference.bsky.social @causaldeference.bsky.social · 04/04/2026I guess it's an open question over how much the APA applies to the President: papers.ssrn.com/sol3/papers....papers.ssrn.comPolicing Executive Teamwork: Rescuing the APA from Presidential AdministrationThe Administrative Procedure Act (“APA”) does not apply to the President. In place of the well-known and well-defined procedural and substantive requirements o 110
causaldeference.bsky.social @causaldeference.bsky.social · 04/04/2026I believe the admin is going to argue that before a court in the near-future. I hope a judge calls them out over it. 010
causaldeference.bsky.social @causaldeference.bsky.social · 04/04/2026There is at least one major piece of regulation I can think of, under this admin, where the release states outright that the President is not subject to the APA. 110
causaldeference.bsky.social @causaldeference.bsky.social · 04/04/2026I'm really not sure about this. I think @nicholasbednar.bsky.social wrote about this, but I'm certainly not an expert on the APA. I just adhere to it. Nevertheless, under this admin's version of the UET, aren't all agencies just an extension of the President? 220
causaldeference.bsky.social @causaldeference.bsky.social · 04/04/2026They have said so many contradictory things involving the intersection of UET and the APA that it's hard to keep up. They have stated that the President is not subject to the APA (not sure about that), and that each agency must act to represent the will of the President. Now they make a distinction? 120
causaldeference.bsky.social @causaldeference.bsky.social · 04/04/2026Of course, I could see the admin arguing that the APA and the Paperwork Reduction Act are unconstitutional, on similar grounds to what is in this OLC opinion. 010
causaldeference.bsky.social @causaldeference.bsky.social · 04/04/2026For a second, I thought you were referring to the Paperwork Reduction Act. I was thinking that OLC was arguing that agencies no longer had to comply with it. That might be an improvement, but courts would strike down every major regulatory act by this admin. 220
causaldeference.bsky.social @causaldeference.bsky.social · 27/03/2026If you read the Schedule P/C release, I think it implies that no agency action is bound by the APA, because according to OPM, the president is not bound by the APA. 000
causaldeference.bsky.social @causaldeference.bsky.social · 27/03/2026I remember hearing about it, thinking it was illegal, and then getting back to whatever regulation I needed to work on. I work at an independent agency. 100
causaldeference.bsky.social @causaldeference.bsky.social · 27/03/2026Yes. This may also be beside the point, but I think you should also make videos on the APA, and how UET might conflict with the APA. 010
