Nick Bednar
@nicholasbednar.bsky.social
Associate Professor of Law; Affiliated Professor of Political Science at U. of Minnesota. AdLaw, Admin. Capacity, and the Federal Workforce. Contributing Editor for Lawfare; Nonresident Fellow at Brookings. Signal: Nbednar.46
Opinions are my own; Not UMN.
Opinions are my own; Not UMN.
Pinned
Civil Service
The federal government employs approximately 3 million individuals, making it the largest employer in the United States. Most of these employees enjoy tenure protections under the civil service law…
nbednar.com
By request, I updated my website with a list of all the essays and podcasts I have done on the civil service. I'll keep it updated as I write and speak.
nbednar.com/civil-servic...
nbednar.com/civil-servic...
Reposted by Nick Bednar
SCOOP—In August, nearly 200 current/former FEMA staffers published the Katrina Declaration, a whistleblower letter detailing all the dangers posed by current leadership.
All current employees were put on indefinite leave, and now I've learned one has been fired in violation of federal protections:
All current employees were put on indefinite leave, and now I've learned one has been fired in violation of federal protections:
FEMA employee terminated for signing whistleblower letter
It appears to be a major violation of federal whistleblower protections and constitutional rights.
www.thehandbasket.co
November 26, 2025 at 7:58 PM
SCOOP—In August, nearly 200 current/former FEMA staffers published the Katrina Declaration, a whistleblower letter detailing all the dangers posed by current leadership.
All current employees were put on indefinite leave, and now I've learned one has been fired in violation of federal protections:
All current employees were put on indefinite leave, and now I've learned one has been fired in violation of federal protections:
Reposted by Nick Bednar
NEW (and CURIOUS) at SCOTUS: Court defers Trump administration's emergency plea to fire the Register of Copyrights pending upcoming decisions in two related cases that haven't been argued yet
November 26, 2025 at 5:01 PM
NEW (and CURIOUS) at SCOTUS: Court defers Trump administration's emergency plea to fire the Register of Copyrights pending upcoming decisions in two related cases that haven't been argued yet
Reposted by Nick Bednar
If the executive can unilaterally shift all functioning out of an congressionally established agency, then what is left of Congress’ lawmaking?
Why should Congress authorize executive agencies to do anything at all, ever?
www.nytimes.com/2025/11/25/u...
Why should Congress authorize executive agencies to do anything at all, ever?
www.nytimes.com/2025/11/25/u...
School Groups Sue to Stop Dismantling of the Education Department
www.nytimes.com
November 26, 2025 at 2:00 PM
If the executive can unilaterally shift all functioning out of an congressionally established agency, then what is left of Congress’ lawmaking?
Why should Congress authorize executive agencies to do anything at all, ever?
www.nytimes.com/2025/11/25/u...
Why should Congress authorize executive agencies to do anything at all, ever?
www.nytimes.com/2025/11/25/u...
Reposted by Nick Bednar
I was reminded recently of Judge Posner's 2003 book review of "Wild Bill," the biography of Justice William O. Douglas. The book review is no longer posted at the New Republic or
@uchicagolaw.bsky.social's website, but you can get it via the Wayback Machine:
web.archive.org/web/20030302...
@uchicagolaw.bsky.social's website, but you can get it via the Wayback Machine:
web.archive.org/web/20030302...
In the News
web.archive.org
November 26, 2025 at 6:56 AM
I was reminded recently of Judge Posner's 2003 book review of "Wild Bill," the biography of Justice William O. Douglas. The book review is no longer posted at the New Republic or
@uchicagolaw.bsky.social's website, but you can get it via the Wayback Machine:
web.archive.org/web/20030302...
@uchicagolaw.bsky.social's website, but you can get it via the Wayback Machine:
web.archive.org/web/20030302...
Reposted by Nick Bednar
This is so concerning because (as I understand it) the offers are conditional on grades. So the students are distracted from their studies during the most stressful and difficult time in law school and it's not clear to me they benefit from a genuine job offer at the end.
The biggest law firms’ intensive recruiting of first-year students has spread to smaller rivals, with some making offers even before first-semester grades are in.
Big Law’s Pushy Recruiting Pressures First-Semester Students
The biggest law firms’ intensive recruiting of first-year students has spread to smaller rivals, with some making offers even before first-semester grades are in.
bit.ly
November 25, 2025 at 2:55 PM
This is so concerning because (as I understand it) the offers are conditional on grades. So the students are distracted from their studies during the most stressful and difficult time in law school and it's not clear to me they benefit from a genuine job offer at the end.
New Paper: Presidential Control of the Civil Service.
Conventional wisdom holds that the civil service sits safely beyond the president's reach. Does it? (1) Not nearly as much as legal scholars think. (2) That's a problem for the execution of the law. 1/12
papers.ssrn.com/sol3/papers....
Conventional wisdom holds that the civil service sits safely beyond the president's reach. Does it? (1) Not nearly as much as legal scholars think. (2) That's a problem for the execution of the law. 1/12
papers.ssrn.com/sol3/papers....
Presidential Control of the Civil Service
<p>Conventional wisdom treats the federal civil service as largely beyond the president’s reach. This Article challenges that assumption. Legal scholars too oft
papers.ssrn.com
November 25, 2025 at 4:07 PM
New Paper: Presidential Control of the Civil Service.
Conventional wisdom holds that the civil service sits safely beyond the president's reach. Does it? (1) Not nearly as much as legal scholars think. (2) That's a problem for the execution of the law. 1/12
papers.ssrn.com/sol3/papers....
Conventional wisdom holds that the civil service sits safely beyond the president's reach. Does it? (1) Not nearly as much as legal scholars think. (2) That's a problem for the execution of the law. 1/12
papers.ssrn.com/sol3/papers....
Reposted by Nick Bednar
We have a new tenure-track job in @lsegovernment.bsky.social at AP level (empirical political science, open subfield): jobs.lse.ac.uk/Vacancies/W/... Please apply and share with colleagues who might be interested!
Assistant Professor in Political Science
Assistant Professor in Political Science,
,
<p style="text-align: center;"><em><span>LSE is committed to building a diverse, equitable and truly inclusive university</span></em></p>
<p style="text-ali...
jobs.lse.ac.uk
November 24, 2025 at 7:43 PM
We have a new tenure-track job in @lsegovernment.bsky.social at AP level (empirical political science, open subfield): jobs.lse.ac.uk/Vacancies/W/... Please apply and share with colleagues who might be interested!
We truly are a great biking city.
Minneapolis has been named one of the world’s most bike-friendly cities! A new report covering 100 cities in 44 countries ranked Minneapolis as the #2 biking city in the U.S., #5 in North America and #44 globally. Learn more: https://www.minneapolismn.gov/news/2025/november/2025-bike-friendly-city/
November 25, 2025 at 2:54 AM
We truly are a great biking city.
Reposted by Nick Bednar
Minneapolis has been named one of the world’s most bike-friendly cities! A new report covering 100 cities in 44 countries ranked Minneapolis as the #2 biking city in the U.S., #5 in North America and #44 globally. Learn more: https://www.minneapolismn.gov/news/2025/november/2025-bike-friendly-city/
November 24, 2025 at 10:10 PM
Minneapolis has been named one of the world’s most bike-friendly cities! A new report covering 100 cities in 44 countries ranked Minneapolis as the #2 biking city in the U.S., #5 in North America and #44 globally. Learn more: https://www.minneapolismn.gov/news/2025/november/2025-bike-friendly-city/
Reposted by Nick Bednar
In light of the claim that civil service protections are unconstitutional or even just problematic to the presidency (see the next post for a link to the new OPM claim) -- here's Gerald Ford in 1974 in the wake of Watergate.
November 23, 2025 at 11:58 PM
In light of the claim that civil service protections are unconstitutional or even just problematic to the presidency (see the next post for a link to the new OPM claim) -- here's Gerald Ford in 1974 in the wake of Watergate.
Reposted by Nick Bednar
The nonprofit Democracy Forward has tapped more than a dozen former government workers as fellows to generate proposals to improve their former agencies’ effectiveness in the wake of federal workforce cuts. buff.ly/6PpRTNl
Ex-feds join forces to reimagine government post-Trump
The nonprofit Democracy Forward has tapped more than a dozen former government workers as fellows to generate proposals to improve their former agencies’ effectiveness.
www.govexec.com
November 24, 2025 at 9:11 PM
The nonprofit Democracy Forward has tapped more than a dozen former government workers as fellows to generate proposals to improve their former agencies’ effectiveness in the wake of federal workforce cuts. buff.ly/6PpRTNl
Important case regarding Trump's efforts to reduce federal government. Judge McConnell enjoins dismantling of the Institute of Museum and Library Services, the Minority Business Development Agency, the Federal Mediation and Conciliation Services, etc. 1/2
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
Order on Motion for Summary Judgment – #99 in State of Rhode Island v. Trump (D.R.I., 1:25-cv-00128) – CourtListener.com
MEMORANDUM AND ORDER granting 75 Motion for Summary Judgment and denying 84 Cross-Motion for Summary Judgment. So Ordered by Chief Judge John J. McConnell, Jr. on 11/21/2025. (Jackson, Ryan)
storage.courtlistener.com
November 24, 2025 at 4:33 PM
Important case regarding Trump's efforts to reduce federal government. Judge McConnell enjoins dismantling of the Institute of Museum and Library Services, the Minority Business Development Agency, the Federal Mediation and Conciliation Services, etc. 1/2
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
Reposted by Nick Bednar
There is a post circulating on Bluesky encouraging the moving of a frozen turkey straight into a pot of hot oil. We are combating this misinformation the best way we know how - through the power of dance music.
November 23, 2025 at 1:31 PM
There is a post circulating on Bluesky encouraging the moving of a frozen turkey straight into a pot of hot oil. We are combating this misinformation the best way we know how - through the power of dance music.
Reposted by Nick Bednar
It's up! www.yalejreg.com/nc/trump-reg...
Trump Regulatory Policy: 2025 Compendium - Yale Journal on Regulation
As part of my prep for this year’s ABA Administrative Law Conference, I put together a list of the regulatory policy documents that have been issued since the start of President Trump’s second term. L...
www.yalejreg.com
November 21, 2025 at 3:33 PM
It's up! www.yalejreg.com/nc/trump-reg...
Really solid work from @bridgetdooling.bsky.social
I'm working on a list of regulatory policy actions in Trump's second term. (I'll share it when I'm done.)
So I'm scrolling through a bunch of administration output (mostly so you don't have to).
But if you want a glimpse, here are all of the executive orders he has issued since Jan 20, 2025:
So I'm scrolling through a bunch of administration output (mostly so you don't have to).
But if you want a glimpse, here are all of the executive orders he has issued since Jan 20, 2025:
Executive Orders
Disposition Tables contain information about Presidential Documents beginning with those signed by Franklin D. Roosevelt and are arranged according to Presidential administration and year of signature...
www.federalregister.gov
November 21, 2025 at 3:35 PM
Really solid work from @bridgetdooling.bsky.social
Today at 4:00PM EST/3:00 PM CST, I'll be at the ABA Administrative Law Conference speaking with @ajosephoconnell.bsky.social, @nicholashandler.bsky.social, and Philip Howard about the future of the civil service. Have been looking forward to this conversation all semester!
November 21, 2025 at 2:08 PM
Today at 4:00PM EST/3:00 PM CST, I'll be at the ABA Administrative Law Conference speaking with @ajosephoconnell.bsky.social, @nicholashandler.bsky.social, and Philip Howard about the future of the civil service. Have been looking forward to this conversation all semester!
Personnel is policy. There's a reason most civil servants sit for some sort of exam. Yes, examination and credentialing cause delays in hiring. But civil servants serve in a position of public trust and you want to make sure they are qualified. Otherwise you end up in *waves wildly at DHS*.
ESQUIRE: “ICE is hiring literally anybody, and it’s terrifying… people who flunk the exam, criminal records… yet they’re allowed to tear children from their beds at night.”
www.esquire.com/news-politic...
www.esquire.com/news-politic...
November 21, 2025 at 12:57 PM
Personnel is policy. There's a reason most civil servants sit for some sort of exam. Yes, examination and credentialing cause delays in hiring. But civil servants serve in a position of public trust and you want to make sure they are qualified. Otherwise you end up in *waves wildly at DHS*.
Reposted by Nick Bednar
Brand New Updated Presumption of Regularity Study, which was featured on 60 Minutes
By Ryan Goodman, Siven Watt, Audrey Balliette, Margaret Lin, Michael Pusic and Jeremy Venook
www.justsecurity.org/120547/presu...
By Ryan Goodman, Siven Watt, Audrey Balliette, Margaret Lin, Michael Pusic and Jeremy Venook
www.justsecurity.org/120547/presu...
The “Presumption of Regularity” in Trump Administration Litigation
Comprehensive study of court cases involving Trump administration and the basis for courts no longer giving a "presumption of regularity."
www.justsecurity.org
November 20, 2025 at 5:05 PM
Brand New Updated Presumption of Regularity Study, which was featured on 60 Minutes
By Ryan Goodman, Siven Watt, Audrey Balliette, Margaret Lin, Michael Pusic and Jeremy Venook
www.justsecurity.org/120547/presu...
By Ryan Goodman, Siven Watt, Audrey Balliette, Margaret Lin, Michael Pusic and Jeremy Venook
www.justsecurity.org/120547/presu...
Reposted by Nick Bednar
Richard Neustadt famously stated that we don't actually have separation of powers; we have "separate institutions sharing powers". Very different practical implications.
i think the vision of rigid separation of powers and no independent agencies articulated here is unserious and unworkable. these are just slogans untethered from either the history or reality of american governance.
www.nytimes.com
November 20, 2025 at 2:38 PM
Richard Neustadt famously stated that we don't actually have separation of powers; we have "separate institutions sharing powers". Very different practical implications.
Reposted by Nick Bednar
At 4pm ET today, join @benjaminwittes.lawfaremedia.org, @annabower.bsky.social, @rparloff.bsky.social, and @mollyroberts.bsky.social for a discussion of what happened at this morning's hearing on the grand jury proceedings in the prosecution of James Comey on Substack or YouTube.
Lawfare Live: Discussing Today's Hearing on the Comey Grand Jury Proceedings
At 4 pm ET, Lawfare Editor in Chief Benjamin Wittes will sit down with Lawfare Senior Editors Anna Bower, Molly Roberts, and Roger Parloff to discuss today's hearing on the grand jury proceedings in t...
youtube.com
November 19, 2025 at 6:26 PM
At 4pm ET today, join @benjaminwittes.lawfaremedia.org, @annabower.bsky.social, @rparloff.bsky.social, and @mollyroberts.bsky.social for a discussion of what happened at this morning's hearing on the grand jury proceedings in the prosecution of James Comey on Substack or YouTube.
Reposted by Nick Bednar
The facts are complicated, but here’s a summary of what appears to have happened based on the filings and today’s hearing:
NEWS: During a hearing in federal court in VA, prosecutors confirmed that the operative indictment in the case against James Comey was never shown to or voted on by the entire grand jury before it was presented in open court.
Defense counsel argued that’s a complete bar to further prosecution
Defense counsel argued that’s a complete bar to further prosecution
November 19, 2025 at 6:30 PM
The facts are complicated, but here’s a summary of what appears to have happened based on the filings and today’s hearing:
You know what... I'm just going to pre-write it.
November 19, 2025 at 2:07 AM
You know what... I'm just going to pre-write it.
Unfortunately, I think this would be the most arrogant self-cite I could plausibly include in my own work. Therefore, I call upon all of you to realize @annabower.bsky.social's dream. Please cite me and analogize me to Batman.
I just want to see a law review article or judicial opinion declare “Send up the Bednar signal!” right before it launches into a string cite to your work on the civil service 🦇
November 19, 2025 at 1:26 AM
Unfortunately, I think this would be the most arrogant self-cite I could plausibly include in my own work. Therefore, I call upon all of you to realize @annabower.bsky.social's dream. Please cite me and analogize me to Batman.
I look forward to writing the inevitable: "No. The Civil Service Is Not Unconstitutional." Who knew that I could build a tenure file on the back of just regurgitating black-letter law.
November 19, 2025 at 12:38 AM
I look forward to writing the inevitable: "No. The Civil Service Is Not Unconstitutional." Who knew that I could build a tenure file on the back of just regurgitating black-letter law.