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Kati Kovacs

@ksquare90.bsky.social
209 followers 125 following 93 posts

Law professor at Rutgers, #adlaw and natural resources law nerd, former DOJ lawyer and Interior Department appointee law.rutgers.edu/bio/kek130 papers.ssrn.com/sol3/cf_dev/AbsByAu…

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Reposted by Kati Kovacs
David Noll @david.noll.org · 25/05/2025
A few thoughts on the provision in the big beautiful bill that purports to limit courts' enforcement of contempt citations: www.nytimes.com/2025/05/22/u...
nytimes.com
Republican Bill Would Limit Judges’ Contempt Power
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Kati Kovacs @ksquare90.bsky.social · 25/05/2025
"The Supreme Court, by contrast, has undermined lower courts seeking to protect the rule of law and emboldened an administration eager to trample it." @kateshaw.bsky.social
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Kati Kovacs @ksquare90.bsky.social · 25/05/2025
"Under Trump, presidential subordinates implementing the President’s directions wrt law execution are just as absolutely immune as he is. And the immunity applies to any congressional or judicial attempt to constrain the President’s conclusive and preclusive power." @twmorrison.bsky.social
papers.ssrn.com
All the President's Men
The presidency of the United States is an immensely consequential role. It is also just immense. As the Supreme Court has explained, “Because no single person c
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Reposted by Kati Kovacs
Dan Farber @dfarber1950.bsky.social · 22/05/2025
Trump has spattered the WH website with anti-environmental executive orders. They range from the inane (fighting to save paper straws and wasteful showerheads) to the destructive (saving obsolete coal plants and stopping wind turbines). Here's the list. legal-planet.org?p=43125
legal-planet.org
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Kati Kovacs @ksquare90.bsky.social · 22/05/2025
"In Ohio v. EPA, the Court faulted the agency for not adequately grappling, at the time of rulemaking, with at least some subset of the millions of alternate futures that judicial intervention could create." @jacklienke.bsky.social "explores its troubling implications for future rulemaking."
papers.ssrn.com
Every Court Everywhere All at Once: <i>Ohio v. EPA</i> and the Litigation Multiverse
Agencies issuing rules have always faced the risk of getting sued. But they have not traditionally faced the risk of getting sued for failing to discuss their r
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Kati Kovacs @ksquare90.bsky.social · 22/05/2025
"Drawing on the Australian model, this article emphasizes the advantages of a systematic, bipartisan, and principles-based approach [to legislative review of rules] over the current ad hoc, partisan, and policy-driven approach in the United States." Lorne Neudorf
papers.ssrn.com
Learning from Australia: Strengthening Congressional Scrutiny of Federal Agency Rulemaking
This article considers insights from the Australian Parliament’s Senate standing committee that systematically scrutinizes new agency rules under established sc
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Kati Kovacs @ksquare90.bsky.social · 22/05/2025
"Subordinating the President to law means subordinating the President to Congress, and this is what a genuine respect for the separation of powers would require." @dfroomkin.bsky.social
papers.ssrn.com
Presidency Exceptionalism
Trump v. United States, which declared the President to be immune from prosecution for any act performed in the course of exercising their “exclusive” constitut
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Kati Kovacs @ksquare90.bsky.social · 21/05/2025
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Kati Kovacs @ksquare90.bsky.social · 21/05/2025
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Reposted by Kati Kovacs
Katie Eyer @katieeyer.bsky.social · 21/05/2025
My 2024 Const Day remarks on US v. Skrmetti's implications for wider EP doctrine are now on SSRN: ssrn.com/abstract=526.... The major takeaway: each of the ways the S Ct could rule *against* heightened scrutiny for trans ppl wd require doing damage to one of the core principles of modern EP doctrine
papers.ssrn.com
Transgender Equality: An Inflection Point for Equal Protection?
<div> This Term, the Supreme Court is hearing its first case addressing the Equal Protection rights of the transgender community, <i>United States v. Skrmetti<
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Kati Kovacs @ksquare90.bsky.social · 16/05/2025
"Presidential administration is now facing a moment of reckoning. While we do still live in the age of presidential administration, how long the age might last and what political possibilities it promises are open to question." AhMenblum @narosenblum.bsky.social
adlaw.jotwell.com
Wait a Second - Who Put The President in Charge of Everything? - Administrative Law
Ashraf Ahmed, Lev Menand, & Noah A. Rosenblum, The Making of Presidential Administration, 137 Harv. L. Rev. 2131 (2024).Richard MurphyNinety years ago, a unanimous Supreme Court thought it obvious tha...
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Kati Kovacs @ksquare90.bsky.social · 16/05/2025
Michael Asimow "proposes a set of best practices for conducting and improving informal adjudication"
papers.ssrn.com
The Last Frontier: Fair Procedure in Informal  Administrative Adjudication
<p><span>The federal government engages in massive amounts of informal adjudication.  Informal adjudication means a process that resolves a dispute between
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Kati Kovacs @ksquare90.bsky.social · 16/05/2025
"Loper Bright’s promise of independent judicial interpretation of statutes could better police the implementation of immigration law if courts take humanitarian concerns into account when exercising their independent judgment about the meaning of immigration statutes." @jillfamily.bsky.social
papers.ssrn.com
Immigration Law after Chevron’s Demise
The Supreme Court held in Loper Bright v. Raimondo that the Administrative Procedure Act does not require federal courts to defer to reasonable agency interpret
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Kati Kovacs @ksquare90.bsky.social · 16/05/2025
@awidman.bsky.social's empirical study on "the various regulatory structures governing nonlawyers" representation in agency adjudication.
papers.ssrn.com
Representation, Calibrated
More people interact with administrative adjudications than with courts, and the lack of lawyers to assist people in these proceedings remains at crisis levels.
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Kati Kovacs @ksquare90.bsky.social · 16/05/2025
@gillianmetzger.bsky.social on change in administrative law.
papers.ssrn.com
Administrative Law and the Pandemic
American administrative law's relationship to change is, as they say, complicated. On the one hand, continual evolution has been an endemic feature of American
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Kati Kovacs @ksquare90.bsky.social · 16/05/2025
Thank goodness we've finally resolved that.
scientificamerican.com
Mystery of Orange Cats Finally Solved—They're Mutants
Your orange cat may host a never-before-seen genetic pathway for color pigmentation, according to new studies
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Kati Kovacs @ksquare90.bsky.social · 15/05/2025
"Legalistic noncompliance occurs when the administration uses the language of the law as cover to claim that it is complying with court orders when in fact it is not." @dtdeacon.bsky.social @leahlitman.bsky.social
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Kati Kovacs @ksquare90.bsky.social · 15/05/2025
"private enforcement does not violate Article II, except when it amounts to a criminal prosecution, enforces governmental property interests, or crowds the executive out from enforcement entirely—and even then, only under narrow conditions" Nitisha Baronia, Jared Lucky, Diego Zambrano
papers.ssrn.com
Private Enforcement at the Founding and Article II
Article II vests the executive power in the President. Yet Congress routinely empowers private plaintiffs, not just the President, to enforce public regulatory
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Kati Kovacs @ksquare90.bsky.social · 15/05/2025
Grading done!
media.tenor.com
kermit the frog is standing in front of a red curtain and saying yaaaa
ALT: kermit the frog is standing in front of a red curtain and saying yaaaa
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Reposted by Kati Kovacs
Alicia Bannon @aliciabannon.bsky.social · 13/05/2025
Law students and recent grads! Thinking about clerking? Don’t overlook state courts. State Court Report has a new resource w/ info and deadlines for 95 state supreme court justices. Check it out! @statecourtreport.bsky.social statecourtreport.org/state-judici...
statecourtreport.org
State Judicial Clerkship Resource
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Reposted by Kati Kovacs
David Roberts @volts.wtf · 15/05/2025
Hey, speaking of the importance of public utility regulators: here's a jobs board showing all the PUC positions open across the country. There's no better place to leverage positive change. We badly need good people in these spots! Tell your energy nerd friends to apply!
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Reposted by Kati Kovacs
Dan Farber @dfarber1950.bsky.social · 14/05/2025
Bizarrely, the Trump Administration is trying to roll back energy-saving rules at the VERY SAME TIME that they're claiming we're in a dire energy emergency without enough power to meet surging demand. Not to mention that the rollback is illegal. legal-planet.org/2025/05/14/n...
legal-planet.org
No, DOE, You Can't Roll Back Product Efficiency Standards - Legal Planet
Trump says the grid is desperately struggling --a strange time to eliminate energy-saving regulations. DOE’s effort to roll back product efficiency standards is also illegal.
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Kati Kovacs @ksquare90.bsky.social · 14/05/2025
"courts in the United States are comparatively less likely to be captured than those of many other countries and more able to resist an authoritarian populist regime, but also somewhat more likely to facilitate democratic backsliding on their own account." Stephen Gardbaum
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Reposted by Kati Kovacs
The Guardian @theguardian.com · 13/05/2025
Flying duck caught in Swiss speed trap believed to be repeat offender
theguardian.com
Flying duck caught in Swiss speed trap believed to be repeat offender
Image shows mallard snapped at 52km/h in same 30km/h zone as a duck on the same day seven years ago A radar image of a speed offender caught in central Switzerland last month has revealed that the culprit was not only a duck but probably a repeat offender, local authorities have said. Police in the town of Köniz, near the capital, Bern, were astounded when they went through radar images snapped on 13 April to discover that a mallard was among those caught in the speed trap, the municipality said on its Facebook page at the weekend. Continue reading...
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Reposted by Kati Kovacs
Leah Stokes @leahstokes.bsky.social · 12/05/2025
Today, House Republicans are unveiling their plan to increase energy bills and pollution for everyday Americans, just to give billionaires another tax break. A summary of their proposals. THREAD! 🧵
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Reposted by Kati Kovacs
Noah Rosenblum @narosenblum.bsky.social · 10/05/2025
Fantastic blog post by our great Golieb fellow @nwdonahue.bsky.social, recovering the Progressive Era intellectual terms at the heart of Humphrey’s Executor (and so agency independence) — quick and critical read
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Kati Kovacs @ksquare90.bsky.social · 09/05/2025
"The Powelliphanta land snails are among some of the largest in the world, roughly the size of a golf-ball, and found only in New Zealand. They are slow growing and can live for decades. They eat mostly slugs and earthworms, which they slurp up like spaghetti."
theguardian.com
Rare large carnivorous New Zealand snail filmed for the first time laying egg from its neck – video
The NZ department of conservation was performing a routine weight check on the snail when a small, white egg began to emerge from it's slimy neck
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Reposted by Kati Kovacs
The Onion @theonion.com · 09/05/2025
City Planner Gets Halfway Through Designing City Before Realizing He’s Just Doing Philadelphia Again theonion.com/city-pl...
City Planner Gets Halfway Through Designing City Before Realizing He’s Just Doing Philadelphia Again
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Kati Kovacs @ksquare90.bsky.social · 09/05/2025
"Cost reductions from laying off federal employees have been too small to show up in the data. DOGE seems quite likely to expand long-term budget deficits. If you thought DOGE was really about cutting costs, you were never in on the joke." @jessicabriedl.bsky.social
theatlantic.com
The Actual Math Behind DOGE’s Cuts
If you thought Elon Musk was really trying to cut costs, you weren’t in on the joke.
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Kati Kovacs @ksquare90.bsky.social · 07/05/2025
"If the First Congress intended to limit the default remedies of a federal court to the remedies available in Chancery c.1789, how did the First Congress imagine courts would determine what those English remedies were?" H. Tomás Gómez-Arostegui
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Kati Kovacs @ksquare90.bsky.social · 07/05/2025
"notice-and-comment rulemaking was the product of a series of American transplantations of English rulemaking procedures" Rephael Stern
yalelawjournal.org
The Lost English Roots of Notice-and-Comment Rulemaking
Using new archival research, this Article argues that notice-and-comment rulemaking emerged from a series of American transplantations of English rulemaking procedures. Yet, as this Article emphasizes...
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Reposted by Kati Kovacs
Bob Kopp @bobkopp.net · 07/05/2025
There’s so much happening right now, I thought I’d put together a running thread on the dismantling of #climate and research and knowledge infrastructure in the United States 🧵
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Kati Kovacs @ksquare90.bsky.social · 29/04/2025
"sunrise lawmaking" as a means of passing climate legislation. "Instead of writing laws that bind in the present, legislators using a sunrise deliberately delay the onset of any consequences for a significant period of time and, in so doing, buy political flexibility to take public-regarding action"
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Kati Kovacs @ksquare90.bsky.social · 29/04/2025
"if President Trump’s transformation of American government succeeds, it will be because the same principles that motivate opposition to the administrative state as a matter of political theory are consistent with the principles that will motivate an originalist SCt to sustain that transformation."
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Kati Kovacs @ksquare90.bsky.social · 29/04/2025
End-of-semester gift from my constitutional law class.
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Reposted by Kati Kovacs
Todd Phillips @tphillips.bsky.social · 28/04/2025
The House Judiciary Committee's reconciliation bill makes SIGNIFICANT changes to the Congressional Review Act. Among other things, it allows major rules that raise revenue to go into effect ONLY if Congress enacts a joint resolution of approval. www.politico.com/f/?id=000001...
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Reposted by Kati Kovacs
Dan Farber @dfarber1950.bsky.social · 28/04/2025
Here's a rundown on Trump's environmental actions to date. The takeaway is simple. Name an environmental policy: Trump is working to end it. The threat is deadly serious. legal-planet.org/2025/04/28/a...
legal-planet.org
100 Days of Anti-Environmental Mayhem - Legal Planet
The first hundred days of Trump's second term make the anti-environmental efforts of the first term pale by comparison.
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Dan Deacon @dtdeacon.bsky.social · 28/04/2025
Over at the Notice and Comment blog, today's Ad Law Reading Room entry is "Appropriations Presidentialism," by @mblawrence.bsky.social, Eloise Pasachoff, and Zachary Price. Check it out! www.yalejreg.com/nc/ad-law-re...
yalejreg.com
Ad Law Reading Room: "Appropriations Presidentialism," by Lawrence, Pasachoff, and Price - Yale Journal on Regulation
Today’s Ad Law Reading Room entry is “Appropriations Presidentialism,” by Matthew B. Lawrence, Eloise Pasachoff, and Zachary S. Price, which is forthcoming in the Georgetown Law Journal Online. Here i...
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Reposted by Kati Kovacs
Dan Farber @dfarber1950.bsky.social · 25/04/2025
All is not lost! While Trump is doing his best to destroy federal environmental law, states are quietly continue to strengthen their climate initiatives. There's not much Trump can do about it. legal-planet.org/2025/04/24/s...
legal-planet.org
State Climate Programs Under Trump – Little Drama, Steady Progress - Legal Planet
Despite Trump, state governments have continued to make quiet progress in their efforts to expand clean energy and phase out fossil fuels.
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Kati Kovacs @ksquare90.bsky.social · 24/04/2025
"Here are the departments and agencies where Government Executive has confirmed RIFs have taken place or are about to occur."
govexec.com
RIF watch: See which agencies are laying off federal workers
Here are the agencies where we have confirmed layoffs have taken or are about to take place. We will update as we learn more.
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Kati Kovacs @ksquare90.bsky.social · 24/04/2025
"Projects requiring a full environmental impact statement, typically a two-year process, will be reviewed in roughly 28 days." Uh-huh.
doi.gov
Department of the Interior Implements Emergency Permitting Procedures to Strengthen Domestic Energy Supply | U.S. Department of the Interior
In response to President Donald J. Trump’s declaration of a National Energy Emergency, the U.S. Department of the Interior will implement emergency permitting procedures to accelerate the development ...
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Kati Kovacs @ksquare90.bsky.social · 24/04/2025
"home insurance is becoming less available and more expensive across the nation. the near-total absence of data on premiums and claims enabled a predictable crisis to fester in the dark. the new data is county and ZIP code-level, allowing a closer geographic analysis than was previously possible."
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Reposted by Kati Kovacs
Institute for Policy Integrity @policyintegrity.bsky.social · 23/04/2025
Several recent Trump Administration actions have instructed agencies to use the 'good cause' exception to engage in deregulation without going through notice-and-comment. Our policy brief explains why each of these actions is a misuse of that exception. ⬇️ policyintegrity.org/publications...
policyintegrity.org
Preventing Public Participation
Under the Administrative Procedure Act (APA), agencies must typically propose rules, including deregulatory rules, for public comment before issuing them in final form. But in multiple recent actions,...
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Jack Goldsmith @jacklgoldsmith.bsky.social · 23/04/2025
Executive Functions is hiring Summer and Fall interns. open.substack.com/pub/executiv...
open.substack.com
Executive Functions Is Hiring!
Summer and fall interns
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Kati Kovacs @ksquare90.bsky.social · 23/04/2025
"So far, legislators have introduced 72 CRA resolutions targeting 46 unique rules from 23 different agencies. This represents an increase of 21.7 percent compared to the first Trump administration, where CRA resolutions targeted a total of 36 rules."
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Kati Kovacs @ksquare90.bsky.social · 23/04/2025
"in a spate of recent cases involving agency authority, the Supreme Court has embraced the idea that extrajudicial practice may settle the meaning of statutory text" @dtdeacon.bsky.social
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Villanova Public Relations @villanovapr.bsky.social · 16/04/2025
Federal agencies serve the nation, but they also can provide unique local support. Law professor Todd Aagaard highlights the array of functions government agencies provide to our metro area. theconversation.com/from-busines...
theconversation.com
From business exports to veteran care − here’s what some of the 35,000 federal workers in the Philadelphia region do
Over a dozen federal agencies have offices in the Philly area. Understanding what they do can highlight how mass layoffs and cutbacks might affect the region.
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Kati Kovacs @ksquare90.bsky.social · 22/04/2025
"What if identifying something as a core or inherent Article II power is only the first step? you might also want to ask whether other provisions might limit that otherwise unlimited power." Elias Neibart
papers.ssrn.com
'External Restraints' on Article II?
It's understood that, under Article III, Congress has plenary power over the lower federal courts. But that doesn't mean Congress's authority is unlimited. &quo
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Kati Kovacs @ksquare90.bsky.social · 22/04/2025
"administrative lawyers have failed to pay attention to stories and thus have missed the opportunities to encourage a more enlightened approach to thinking about rulemaking and administrative expertise." Elizabeth Fisher and Sidney Shapiro
papers.ssrn.com
Storytelling, Rulemaking, and the Expertise of Administrative Agencies
For ill or good, the world is full of stories. Given the political stories being used to deconstruct the administrative state, it is easy to be cynical about st
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Kati Kovacs @ksquare90.bsky.social · 22/04/2025
Major questions "doctrine should be flipped on its head. The best way to safeguard democratic accountability is to focus not on the most salient issues of the day, but instead on the ones least important to the voters." @profnick.bsky.social
papers.ssrn.com
A Theory of Major Questions
The major questions doctrine is a key part of the Supreme Court’s recent “imperial” turn. The doctrine is sweeping, vague, but most importantly lacks a real jus
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