Jennifer Nou @jennifernou.bsky.social · 04/02/2026Miami-based #UChicagoLaw alums — come join @adamchilton.bsky.social & me tonight to discuss the future of presidential administration 011
Reposted by Jennifer NouDan Walters @profdanwalters.bsky.social · 05/08/2025I've been struggling with when to post this draft article, but last week's news about Trump firing the Commissioner of Labor Statistics convinced me I better share it now. It unpacks both the promise and the peril of what I call "informational administration." papers.ssrn.com/sol3/papers....papers.ssrn.comInformational Administration: The Administrative State Beyond Legal AdministrationOn many dimensions, the administrative state is at the nadir of its power. The Supreme Court has tightened administrative law controls on agency power, and the 1197
Reposted by Jennifer NouDan Deacon @dtdeacon.bsky.social · 01/08/2025Over at the Notice and Comment blog, today's Ad Law Reading Room covers two pieces: "Presidential Brokering in the Regulatory State" by @jennifernou.bsky.social and "The Chadha Presidency" by @joshchafetz.bsky.social. Check it out! www.yalejreg.com/nc/ad-law-re...yalejreg.comAd Law Reading Room: "Presidential Brokering in the Regulatory State," by Nou & "The Chadha Presidency," by Chafetz - Yale Journal on RegulationToday’s Ad Law Reading Room brings two entries. The first is “Presidential Brokering in the Regulatory State,” forthcoming in the George Washington Law Review, by Jennifer Nou. The second is “The Chad... 187
Jennifer Nou @jennifernou.bsky.social · 21/07/2025Now on SSRN: How do White House policy councils shape the president's highest priority rules? What is their relationship to OIRA and regulatory review? Part of an effort to understand the rise of presidential power through the institutional presidency: papers.ssrn.com/sol3/papers....papers.ssrn.comPresidential Brokering in the Regulatory State <br><div> <span>Presidents seeking to make regulatory policy face formidable hurdles, most recently heightened litigation risk, reduced judicial deference, and pol 0102
Jennifer Nou @jennifernou.bsky.social · 11/07/2025So important to be talking across disciplines, especially in these times. 040
Reposted by Jennifer NouUChicago Law @uchicagolaw.bsky.social · 30/04/2025“‘Regulatory Reform from Nixon to Biden’ … effectively cuts through the partisan chatter of the Beltway to offer clear-eyed lessons about how we got to where we are and what still needs to be done to confront the emerging regulatory challenges of the day,” writes Prof. @jennifernou.bsky.social.buff.lyTranscending Partisanship in Regulatory Reform | The Regulatory ReviewGraham’s new book highlights the challenges of and opportunities for regulatory reform. 032
Jennifer Nou @jennifernou.bsky.social · 14/04/2025Chicago folks: Come ask David Strauss & me anything tomorrow about the President's executive powers! Needless to say, lots to discuss. RSVP here: events.uchicago.edu/event/246256...events.uchicago.eduAsk me Anything About the President’s Executive Powers: Q&A with Profs. Jennifer Nou and David A. StraussWhat powers does the president of the United States actually have? How can these executive powers be used to shape policy, respond to crises, or in... 092
Jennifer Nou @jennifernou.bsky.social · 26/02/2025Just as OIRA has asserted control over the Federal Election Commission 022
Jennifer Nou @jennifernou.bsky.social · 26/02/2025Also time for judges to deny any presumption of regularity. Presume irregularity 0155
Reposted by Jennifer NouDon Moynihan @donmoyn.bsky.social · 21/02/2025Hi folks: With @nicholasbednar.bsky.social, @lorenraeds.bsky.social & Don Kettl, I will be talking at an @appam.bsky.social about the attack on public employees and government programs, Thursday, 2/27, 12.30-2pm EST. Free registration. www.appam.org/events/webin... 23922
Jennifer Nou @jennifernou.bsky.social · 19/02/2025Many saw the extension of OIRA review to independent regulatory agencies coming, but this EO does so much more... 🧵 www.whitehouse.gov/presidential...whitehouse.govEnsuring Accountability for All AgenciesBy the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered: 55419
Reposted by Jennifer NouLindsay Nash @lindsaycnash.bsky.social · 05/02/2025I'm excited to share my article, The Immigration Subpoena Power, which explores the way that ICE uses administrative subpoenas for civil immigration enforcement and the concerns that these practices raise. Many thanks to those who helped improve it (1/2) columbialawreview.org/content/the-...columbialawreview.orgTHE IMMIGRATION SUBPOENA POWER - Columbia Law ReviewIntroduction After a series of public losses in its war on “sanctuary” cities, the first Trump Administration deployed the immigration subpoena, a new and formidable weapon in this fight. It used thes... 23511
Jennifer Nou @jennifernou.bsky.social · 01/02/2025Some quick reactions to Trump's reg review EO 1/x: www.presidency.ucsb.edu/documents/ex...presidency.ucsb.eduExecutive Order—Unleashing Prosperity Through Deregulation | The American Presidency Project 184
Jennifer Nou @jennifernou.bsky.social · 01/02/2025The FAQs for this are going to be...interesting 021
Reposted by Jennifer NouKevin Angell @kevinjangell.bsky.social · 29/01/2025Given recent news, I’m happy to share a working paper quantifying presidential deviations from enacted budgets from 1958-2018. Analyzing agency/bureau level data on spending and presidential requests, I find that presidents spend less than appropriated when they desire to. 175
Jennifer Nou @jennifernou.bsky.social · 29/01/2025Yes. Looks like OMB’s deliberative clearance process for M-memos is not yet up and running (or seriously compromsied) 110
Jennifer Nou @jennifernou.bsky.social · 28/01/2025On recklessness: only giving agencies one *day* to "immediately identify any legally mandated actions or deadlines for assistance programs" before the freeze goes into effect. Shows that OMB never intended to avoid illegal funding delays. 040
Reposted by Jennifer NouSam Bagenstos @sbagen.bsky.social · 28/01/2025I see some suggestions, in the reporting regarding the OMB impoundment order, that a mere delay in spending appropriated funds is legal. But that's not really true. The delay OMB has ordered specifically contradicts the Impoundment Control Act. A thread. 9151271891
Reposted by Jennifer Noubriandfeinstein.bsky.social @briandfeinstein.bsky.social · 25/01/2025Revocations of existing appointee-to-civil servant subdelegations are rare; @jennifernou.bsky.social & my data show one revocation for every 33 new subdelegations of authority. That Trump 2.0 is pursuing this so early suggests a more sophisticated operation than in '17.heatmap.newsTrump Pauses Permitting for All Renewables on Federal LandsA newly released memo from the Department of the Interior freezes the pipeline for 60 days. 121
Reposted by Jennifer NouUChicago Law @uchicagolaw.bsky.social · 08/01/2025Prof. @jennifernou.bsky.social tells @donmoyn.bsky.social for his ‘Can We Still Govern’ newsletter that large-scale firing of federal employees, as suggested by Elon Musk and Vivek Ramaswamy, is “likely illegal” based on Section 3301.buff.lyWill the federal government become a toxic employer?Sorting fact from fiction on mass firings, relocations, and return-to-office policies 001
Jennifer Nou @jennifernou.bsky.social · 02/01/2025Much more is spent on contractors than pay for federal personnel, but we can guess the reasons DOGE won't go after these "government" workers. One of many insights here from @donmoyn.bsky.social 010030
Jennifer Nou @jennifernou.bsky.social · 19/12/2024Great new hub of resources for civil servants.civilservicestrong.orgCivil Service Strong: Resources for Civil ServantsEffective. Impartial. Resilient. The civil service comprises dedicated, nonpartisan federal employees who work tirelessly across the country and around the world to ensure the effective delivery of go... 084
Jennifer Nou @jennifernou.bsky.social · 06/12/2024Should career staff attorneys at DOJ and beyond stay or leave the Trump administration? Join us on 12/18 for a discussion organized by @acslaw.bsky.social! To register: www.acslaw.org/event/should...acslaw.orgShould I Stay or Should I Go (Again)? Public Service During an Unfriendly Federal Administration | ACS 020
Reposted by Jennifer NouNick Bednar @nicholasbednar.bsky.social · 03/12/2024Over at @lawfare.bsky.social, I have a primer on how the Trump Administration may seek to exercise its authority over the civil service. www.lawfaremedia.org/article/a-pr...lawfaremedia.orgA Primer on the Civil Service and the Trump AdministrationThe broad discretion afforded to presidents to shape personnel policy poses a threat to the civil service during the Trump administration. 34727
Jennifer Nou @jennifernou.bsky.social · 03/12/2024A must read. "They want to blame the bureaucrats, but they’re going to need those very same bureaucrats if they want to get anything done." 051
Jennifer Nou @jennifernou.bsky.social · 27/11/2024Testing the usability of agency guidance while drafting, such a great idea. Check out the results in OIRA's new Paperwork Reduction Act guidance (fittingly on usability testing!) @stuartshapiroblou.bsky.social @bridgetdooling.bsky.socialwhitehouse.gov 021
Reposted by Jennifer NouDan Farber @dfarber1950.bsky.social · 25/11/2024For almost fifty years, the CEQ has issued regulations governing environmenta impact statements. A recent D.C. CIrcuit opinion throws shade on CEQ's powers to do that, and the overruling of Chevron raises further questions. Here's your guide through the legal maze. legal-planet.org/2024/11/25/n...legal-planet.orgNEPA and Loper Deference - Legal PlanetThe Supreme Court dumped the Chevron test. It's new rules would still give deference to CEQ's NEPA regulations - but how much is unclear. 023
Reposted by Jennifer NouLior Strahilevitz @thelior.bsky.social · 21/11/2024I'm happy to welcome the University of Chicago Law School, @uchicagolaw.bsky.social, to Bluesky! To celebrate the arrival of our official account, here is a starter pack with my faculty colleagues. go.bsky.app/L81ZCoX 3218
Jennifer Nou @jennifernou.bsky.social · 21/11/2024The president's authority to "prescribe rules governing the competitive service" pertains to civil service examination, certification & selection, not adverse action like firing. Adverse action rulemaking authority is granted to OPM, which is subject to the APA. See n. 107: tinyurl.com/35dm4jfatinyurl.comUpholding Civil Service Protections and Merit System PrinciplesThe Office of Personnel Management (OPM) is issuing final regulations to reinforce and clarify longstanding civil service protections and merit system principles, codified in law, as they relate to th... 28122
Jennifer Nou @jennifernou.bsky.social · 20/11/2024With each new TV personality picked to head an agency, one particularly timely one below. (Published before the election, Lowande argues that presidents seek not substantive change, but rather to put on a "compelling show" for constituents) press.uchicago.edu/ucp/books/bo...press.uchicago.eduFalse FrontA provocative new perspective on presidential power. Border walls, school bathrooms, student loans, gun control, diversity, abortion, climate change—today, nothing seems out of reach for the president... 0100
Jennifer Nou @jennifernou.bsky.social · 19/11/2024This. Much will depend on internal White House discipline, not exactly a quality Trump is known for (paper on topic forthcoming!) h/t @blakeprof.bsky.social 3297
Jennifer Nou @jennifernou.bsky.social · 13/11/2024Getting ready for argument that Federal Advisory Committee Act is an unconstitutional restriction on president's ability to get advice, esp. from a private committee not funded by Congress. OLC op: www.justice.gov/file/147811-... (So this is what Bluesky is like huh?)justice.gov 25013