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Dan Walters

@profdanwalters.bsky.social
7.6K followers 1.3K following 982 posts

Law professor at Texas A&M University School of Law, specializing in administrative law. Views are mine alone. Dog pictured is Oliver Wendell Holmes Walters Jr. (RIP 2025) law.tamu.edu/faculty-staff/find-peo…

PostsRepliesMedia
Reposted by Dan Walters
James Goodwin @jamesgoodwin.bsky.social · 29/09/2026
Check out my latest @slate.com with @profdanwalters.bsky.social on Suncor v. Boulder. This could be the biggest case of the Supreme Court's next term. slate.com/news-and-pol...
slate.com
The Supreme Court’s Term-Opening Blockbuster Will Test the Conservative Justices Like No Other Case
The results could shape responses to climate change for decades to come.
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Dan Walters @profdanwalters.bsky.social · 24/09/2026
Look at those numbers for neither or both equally. Together, they equal if not exceed either party's numbers--there is absolutely a window of opportunity here for a third party even with the winner take all incentive.
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Reposted by Dan Walters
Jameel Jaffer @jameeljaffer.bsky.social · 21/09/2026
Glad to see this. Trump’s actions are a flagrant violation of the First Amendment—an outrageous attack on press freedom as well as the public’s right to independent information about government. I assume the news organizations will ask for emergency relief. www.politico.com/news/2026/09...
politico.com
News outlets Trump banned from White House announce lawsuit
POLITICO, CNN and MS NOW to seek restraining order to restore reporters’ access.
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Dan Walters @profdanwalters.bsky.social · 08/09/2026
“There’s a distinct possibility that, functionally, Loper Bright will be quite similar to Chevron,” said Daniel Walters, an administrative law professor at Texas A&M University. “What will largely determine that is how willingly courts find a delegation of discretion.”
news.bloomberglaw.com
Court Deference to Agencies Endures Via Loper Bright Off-Ramp
Courts are testing the boundaries of a landmark Supreme Court ruling on federal regulatory authority, which left open a path for judges to defer to executive branch agencies in certain circumstances.
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Dan Walters @profdanwalters.bsky.social · 26/08/2026
One of the great joys in American life--the road trip--has indeed become a sad reminder not only of how much damage climate change is doing, but also of how unequal and unkept the country is becoming. We're like frogs boiling in a pot, but it hits you in the face when you venture out there.
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Dan Walters @profdanwalters.bsky.social · 26/08/2026
Now available on @ssrn.bsky.social: "When Is the Best Reading of a Statute That It Delegates Discretion?" Co-authored with @kevintobia.bsky.social and Marko Petrovic. We use experimental surveys to explore how "ordinary readers" understand Loper Bright delegations. papers.ssrn.com/sol3/papers....
papers.ssrn.com
When Is the Best Reading of A Statute That It Delegates Discretion?
<p><span>The Supreme Court’s decision in <i>Loper Bright Enterprises v. Raimondo</i> to end <i>Chevron </i>deference has at least temporarily unsettled the fiel
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Reposted by Dan Walters
Nick Bednar @nicholasbednar.bsky.social · 25/08/2026
There are some mornings when I wake up Post-Slaughter and think... "Wait.... Is THAT now unconstitutional?" And, frankly, I don't like it.
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Dan Walters @profdanwalters.bsky.social · 25/08/2026
A real eye opener for me was reading about how intelligence is an evolved trait rewarding manipulation of other people (in pro-social ways, generally, but still...).
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Dan Walters @profdanwalters.bsky.social · 21/08/2026
Remember when we learned that CJ Roberts made his decision about the Clean Power Plan in about two seconds because of the unthinkable consequences of leaving utilities thinking they might have to eventually comply with a regulation? Yup, same guy.
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Dan Walters @profdanwalters.bsky.social · 21/08/2026
New paper 🚨: SCOTUS has made democratic theory a central part of its consolidation of presidential power over agencies, but its democratic vision is chock full of empirical and normative holes, which I unpack in a forthcoming essay in the Duke Law Journal. papers.ssrn.com/sol3/papers....
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Dan Walters @profdanwalters.bsky.social · 18/08/2026
Among many remarkable things about this moving essay, it stands out that so many people in both the first and second Trump administration (including Mike Pence) understood the value of administrative competence and service and were not going to throw that away to score points with the base.
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Dan Walters @profdanwalters.bsky.social · 08/08/2026
While this is not very surprising (students, after all, can think), I think it's a mistake to treat this as an important question that needs to be established. Had the opposite been found, it wouldn't change anything because the point of education is not to be fed "balance," it's to be challenged.
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Dan Walters @profdanwalters.bsky.social · 08/08/2026
Practical originalism? I'm so ashamed this guy is a fellow Phillies fan.
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Dan Walters @profdanwalters.bsky.social · 07/08/2026
SCOTUS should not have expected any other response from the administration--BSers gonna spot BS, like the Federal Reserve carveout.
nytimes.com
Trump Restarts Battle to Fire Sitting Fed Governor Lisa Cook
The Trump administration, rebuffed by the Supreme Court in its first attempt to fire Lisa D. Cook, sent the Federal Reserve governor a letter saying it was “considering” removing her from the job.
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Dan Walters @profdanwalters.bsky.social · 01/08/2026
I refuse to live in a world where the only way we retain our humanity is to deliberately make things worse.
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Dan Walters @profdanwalters.bsky.social · 01/08/2026
Perhaps they're dropping the pool indictment on a Friday so that they can sneak this by? www.nytimes.com/2026/07/31/u...
nytimes.com
Trump to Appeal Judge’s Ruling Denouncing I.R.S. Lawsuit as Exercise in Self-Dealing
It was the latest sign that the president was doubling down on his fight for aspects of a deal that brings him vast benefits, even though they have jeopardized the confirmation of his pick for attorne...
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Reposted by Dan Walters
Raffi Melkonian @rmfifthcircuit.bsky.social · 01/08/2026
Also, the person who said it was vandals was the President. So enough with blaming a different agency. You wanted unitary, you got unitary.
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Reposted by Dan Walters
Shalev Gad Roisman @shalevroisman.bsky.social · 29/07/2026
New draft paper on SSRN: "Fact Avoidance," forthcoming in the Harvard Law Review Supreme Court Issue. This Essay identifies a recurring feature where the Court decides presidential power cases entirely on legal grounds without engaging at all with the facts /1 papers.ssrn.com/sol3/papers....
papers.ssrn.com
Fact Avoidance
<p><i><span>The legality of the President’s exercise of statutory power depends on questions of both law and fact. Yet courts often focus exclusively on the for
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Dan Walters @profdanwalters.bsky.social · 30/07/2026
What actually triggered people was that over half the population followed the recommendations because they were trying to be good people contributing to the welfare of the nation. People don't like feeling like they're selfish, and you can't help but feel that in that situation.
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Dan Walters @profdanwalters.bsky.social · 28/07/2026
You do you, bro, but I'm just saying I simply couldn't live with myself if I was this full of contradiction.
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Dan Walters @profdanwalters.bsky.social · 24/07/2026
This is not (or should not be) surprising to anyone who has been paying attention, but it is nevertheless stunning to have it in court records. It represents, without any exaggeration, a betrayal of the nation (not to mention the millions of Trump voters in many of these ostensibly "blue" states).
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Dan Walters @profdanwalters.bsky.social · 24/07/2026
Yes, and 99 percent of coal plants failed when there was no more coal on hand... I am truly at a loss for words to describe how obtuse and/or manipulative this message from the Department of Energy is.
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Dan Walters @profdanwalters.bsky.social · 24/07/2026
It is such a shame that this kind of wealth and power couldn't have found itself in the hands of someone with an ounce of character and foresight.
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Dan Walters @profdanwalters.bsky.social · 23/07/2026
The problem with writing an op-ed about this kind of thing is that two days later you've got so many great new examples--this, the White House intervening on behalf of Taylor Farms, selling access to advance information from POTUS. It's a dark time indeed. thehill.com/opinion/whit...
thehill.com
Handing agency oversight to Trump is a fatal blow to public trust
Public trust in government has been declining for decades, and Trump v. Slaughter will surely exacerbate the trend.
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Dan Walters @profdanwalters.bsky.social · 23/07/2026
Slaughter was not just about removal--it was a "conceptual revolution." Taken seriously, it implies one of two futures: an ineffective government hobbled by courts limiting the president's power, or courts holding back and enabling a power grab. What a choice. www.theregreview.org/2026/07/22/b...
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Dan Walters @profdanwalters.bsky.social · 23/07/2026
This is what happens when you give a corrupt president the power to micromanage agency statements on exigent threats to public safety. Just saying.
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Dan Walters @profdanwalters.bsky.social · 22/07/2026
It's like the political manifestation of Munchausen by Proxy.
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Dan Walters @profdanwalters.bsky.social · 21/07/2026
I'm in the Hill today with @hdamonfeng.bsky.social on how the Trump v. Slaughter opinion undermines public trust in the information conveyed by agencies, which could be catastrophic for society and economy alike. thehill.com/opinion/whit...
thehill.com
Handing agency oversight to Trump is a fatal blow to public trust
Public trust in government has been declining for decades, and Trump v. Slaughter will surely exacerbate the trend.
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Dan Walters @profdanwalters.bsky.social · 20/07/2026
I simply can't wait to hear what kinds of convoluted, and heretofore unheard of, reasons for an exception the Court and its bar dream up.
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Reposted by Dan Walters
Lawfare @lawfaremedia.org · 18/07/2026
@nicholasbednar.bsky.social and @tphillips.bsky.social argue that President Trump's removal of the three remaining members of the Election Assistance Commission defeats his duty to faithfully execute the law and exceeds his removal power under the Take Care Clause.
lawfaremedia.org
Faithful Execution and the Removal Power
President Trump is exercising his removal power in ways that defeat his duty to faithfully execute the law.
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Dan Walters @profdanwalters.bsky.social · 18/07/2026
No wonder they think civilian universities are off the rails; even military academies are too lefty for them. This just goes to show you how little credibility the entire movement has as a genuine complaint about ideological diversity.
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Reposted by Dan Walters
Olúfẹ́mi O. Táíwò @olufemiotaiwo.bsky.social · 15/07/2026
England France third place match taking place in Florida. get your Seven Years' War jokes ready
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Dan Walters @profdanwalters.bsky.social · 13/07/2026
This series always has some great essays. www.theregreview.org/2026/07/13/s...
theregreview.org
The Supreme Court’s 2025-2026 Regulatory Term | The Regulatory Review
Scholars examine the Court’s most important regulatory decisions of this past term.
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Dan Walters @profdanwalters.bsky.social · 07/07/2026
Even more alarmingly, 23 percent of people who think Trump is using his office for personal gain strongly or somewhat approve of his job performance--implying, of course, that they view the graft as entirely appropriate, or as irrelevant to job performance. Not sure what you do with that...
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Dan Walters @profdanwalters.bsky.social · 07/07/2026
It's really stunning to read JD Vance, a grown man and second in line to lead out country, admitting that he sees the world and our country's political divides in terms of a battle between literal angels and demons.
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Dan Walters @profdanwalters.bsky.social · 07/07/2026
I really do think that there needs to be a movement--every bit as sustained and well-organized as the movement leading to Slaughter--to invigorate the positive requirements of the Take Care Clause of Article II. It's sitting there in plain sight and it means what it says.
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Dan Walters @profdanwalters.bsky.social · 07/07/2026
This is a really important asymmetrical impact of Trump v. Slaughter. Effectively, future Democratic presidents who want agencies to function will face a Hobson's choice. slate.com/news-and-pol...
slate.com
The Supreme Court Just Helped Trump Hamstring the Next Democratic President
Donald Trump has another weapon he can wield on his way out the door.
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Dan Walters @profdanwalters.bsky.social · 07/07/2026
Somebody guard soccer David Bowie.
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Dan Walters @profdanwalters.bsky.social · 03/07/2026
Love seeing my friend and co-author Gabe Scheffler do the yeoman's work of rebutting, point-by-point, the strategies of "obfuscation" being employed by the Trump administration to cover up the fact that they gutted Medicaid.
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Reposted by Dan Walters
Josh Chafetz @joshchafetz.bsky.social · 01/07/2026
1/2 I've posted a revised version of my paper on unitary executive theory and democratic accountability, now with a discussion of Slaughter and Cook at pp. 5-6. papers.ssrn.com/sol3/papers....
papers.ssrn.com
Of Multiplicity and Accountability
<div> Unitary executive theory has, since <i>Myers v. United States</i>, been premised on a conception of democratic accountability. On this view, the presiden
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Dan Walters @profdanwalters.bsky.social · 01/07/2026
I've looked at Slaughter closely and Justice Sotomayor is right that the majority does not take the time to reassure us, as it did in Free Enterprise Fund, that its formalistic reasoning will not eventually reach the civil service. That retreat into silence is incredibly disconcerting.
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Dan Walters @profdanwalters.bsky.social · 29/06/2026
Today is a breaking point for me. There is just no way this country can continue to leave the functionality of its institutional machinery to the throes of the fever dreams of five or six amateur political theorists.
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Dan Walters @profdanwalters.bsky.social · 29/06/2026
There's really no denying it anymore.
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Dan Walters @profdanwalters.bsky.social · 29/06/2026
This passage from Justice Gorsuch is just so revealing of the tortured psychology of the Court's motivations: we have to risk authoritarianism in order to understand the necessity of building a libertarian utopia; there is no alternative between authoritarianism and absolute economic freedom.
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Dan Walters @profdanwalters.bsky.social · 29/06/2026
I do not understand how politics got to be this dumb.
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Reposted by Dan Walters
Sam Bagenstos @sbagen.bsky.social · 29/06/2026
This piece is really good on how to design industrial policy to promote competition. lpeproject.org/blog/the-dil...
lpeproject.org
The Dilemma of Picking Winners
Industrial policy will often require picking winners: if there were already many domestic firms capable of producing the desired output, there would be no compelling reason for subsidy or special…
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Dan Walters @profdanwalters.bsky.social · 29/06/2026
Avid golfer here. Had the privilege of playing East Potomac Golf Links this spring, and it's fine just how it is. It's one of like two or three public courses in DC. I would be livid if I lived there and had to watch this active theft of a great public resource in my backyard.
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Dan Walters @profdanwalters.bsky.social · 26/06/2026
I am such a sucker for these kinds of things, but man oh man do we need more of this.
govexec.com
Award-winning civil servants counter negative stereotypes of government employees
The National Academy of Public Administration celebrated public servants as part of the 250th anniversary of the U.S.
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Dan Walters @profdanwalters.bsky.social · 25/06/2026
Nixon was left of most Democrats today. He signed the Clean Air Act, NEPA, and the OSHAct. Vance clearly doesn't value any of this legacy--just the corruption and power seeking, full stop.
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