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Jennifer Nou

@jennifernou.bsky.social
1.9K followers 193 following 34 posts

Law Professor at UChicago. Administrative law, executive branch dynamics, separation of powers.

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Jennifer Nou @jennifernou.bsky.social · 04/02/2026
Miami-based #UChicagoLaw alums — come join @adamchilton.bsky.social & me tonight to discuss the future of presidential administration
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Dan Walters @profdanwalters.bsky.social · 05/08/2025
I'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.com
Informational Administration: The Administrative State Beyond Legal Administration
On 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
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Dan Deacon @dtdeacon.bsky.social · 01/08/2025
Over 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.com
Ad Law Reading Room: "Presidential Brokering in the Regulatory State," by Nou & "The Chadha Presidency," by Chafetz - Yale Journal on Regulation
Today’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...
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Jennifer Nou @jennifernou.bsky.social · 21/07/2025
Now 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.com
Presidential 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
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Jennifer Nou @jennifernou.bsky.social · 11/07/2025
So important to be talking across disciplines, especially in these times.
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UChicago 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.ly
Transcending Partisanship in Regulatory Reform | The Regulatory Review
Graham’s new book highlights the challenges of and opportunities for regulatory reform.
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Jennifer Nou @jennifernou.bsky.social · 14/04/2025
Chicago 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.edu
Ask me Anything About the President’s Executive Powers: Q&A with Profs. Jennifer Nou and David A. Strauss
What 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...
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Jennifer Nou @jennifernou.bsky.social · 26/02/2025
Just as OIRA has asserted control over the Federal Election Commission
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Jennifer Nou @jennifernou.bsky.social · 26/02/2025
Also time for judges to deny any presumption of regularity. Presume irregularity
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Don Moynihan @donmoyn.bsky.social · 21/02/2025
Hi 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...

Join us for this critical discussion.
Thursday, February 27, 12:30-2:00 PM ET

Speakers: Nicholas Bednar (University of Minnesota Law School), Donald Kettl (University of Maryland), Loren DeJonge Schulman (Telos Lab, formerly Office of Management and Budget)

Moderator: Don Moynihan (University of Michigan)

This webinar, the first of a series hosted by APPAM about changes in the federal government, focuses on how the Trump administration has sought to weaken federal employee protections, while downsizing programs and entire agencies. The webinar will explore the legality of actions taken thus far, and what might happen next, considering the effect on federal employees, and public service provision. Time will be reserved for audience questions. This webinar is free and open to all.
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Jennifer Nou @jennifernou.bsky.social · 19/02/2025
Many saw the extension of OIRA review to independent regulatory agencies coming, but this EO does so much more... 🧵 www.whitehouse.gov/presidential...
whitehouse.gov
Ensuring Accountability for All Agencies
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
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Jennifer Nou @jennifernou.bsky.social · 12/02/2025
Lots of bad, but this is very bad.
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Lindsay Nash @lindsaycnash.bsky.social · 05/02/2025
I'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.org
THE IMMIGRATION SUBPOENA POWER - Columbia Law Review
Introduction 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...
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Jennifer Nou @jennifernou.bsky.social · 01/02/2025
Some quick reactions to Trump's reg review EO 1/x: www.presidency.ucsb.edu/documents/ex...
presidency.ucsb.edu
Executive Order—Unleashing Prosperity Through Deregulation | The American Presidency Project
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Jennifer Nou @jennifernou.bsky.social · 01/02/2025
The FAQs for this are going to be...interesting
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Kevin Angell @kevinjangell.bsky.social · 29/01/2025
Given 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.
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Jennifer Nou @jennifernou.bsky.social · 29/01/2025
Yes. Looks like OMB’s deliberative clearance process for M-memos is not yet up and running (or seriously compromsied)
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Jennifer Nou @jennifernou.bsky.social · 28/01/2025
On 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.
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Sam Bagenstos @sbagen.bsky.social · 28/01/2025
I 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.
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briandfeinstein.bsky.social @briandfeinstein.bsky.social · 25/01/2025
Revocations 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.news
Trump Pauses Permitting for All Renewables on Federal Lands
A newly released memo from the Department of the Interior freezes the pipeline for 60 days.
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UChicago Law @uchicagolaw.bsky.social · 08/01/2025
Prof. @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.ly
Will the federal government become a toxic employer?
Sorting fact from fiction on mass firings, relocations, and return-to-office policies
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Jennifer Nou @jennifernou.bsky.social · 02/01/2025
Much 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
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Jennifer Nou @jennifernou.bsky.social · 19/12/2024
Great new hub of resources for civil servants.
civilservicestrong.org
Civil Service Strong: Resources for Civil Servants
Effective. 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...
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Jennifer Nou @jennifernou.bsky.social · 06/12/2024
Should 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.org
Should I Stay or Should I Go (Again)? Public Service During an Unfriendly Federal Administration | ACS
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Nick Bednar @nicholasbednar.bsky.social · 03/12/2024
Over 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.org
A Primer on the Civil Service and the Trump Administration
The broad discretion afforded to presidents to shape personnel policy poses a threat to the civil service during the Trump administration.
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Jennifer Nou @jennifernou.bsky.social · 03/12/2024
A 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."
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Jennifer Nou @jennifernou.bsky.social · 27/11/2024
Testing 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.social
whitehouse.gov
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Dan Farber @dfarber1950.bsky.social · 25/11/2024
For 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.org
NEPA and Loper Deference - Legal Planet
The Supreme Court dumped the Chevron test. It's new rules would still give deference to CEQ's NEPA regulations - but how much is unclear.
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Lior Strahilevitz @thelior.bsky.social · 21/11/2024
I'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
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Jennifer Nou @jennifernou.bsky.social · 21/11/2024
The 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/35dm4jfa
tinyurl.com
Upholding Civil Service Protections and Merit System Principles
The 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...
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Jennifer Nou @jennifernou.bsky.social · 20/11/2024
With 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.edu
False Front
A 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...
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Jennifer Nou @jennifernou.bsky.social · 19/11/2024
This. 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
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Jennifer Nou @jennifernou.bsky.social · 13/11/2024
Getting 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
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