Anne Joseph O’Connell
@ajosephoconnell.bsky.social
Administrative law & bureaucracy obsessed Stanford Law School professor; former ACUS council member (fired by Trump); writing book, Stand-Ins (on temporary leaders in government, business, & religion); mom of two
Pinned
Bureaucratic Vacancies
effectivegov.uchicago.edu
Want to know more about vacancies in Senate-confirmed positions -- their causes, consequences, legal implications, and policy reforms? I wrote a primer aimed at social scientists and those who who like the social sciences. effectivegov.uchicago.edu/primers/bure...
Reposted by Anne Joseph O’Connell
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!
Reposted by Anne Joseph O’Connell
Reposted by Anne Joseph O’Connell
The second is on the future of the civil service with Nick Bednar, Anne Joseph O’Connell, and Nicholas Handler.
It’s really going to be great. So join us! It’s free! For real!
Really proud of the ABA Admin Law Section for making lemonade (free conference!) out of lemons (shutdown!).
It’s really going to be great. So join us! It’s free! For real!
Really proud of the ABA Admin Law Section for making lemonade (free conference!) out of lemons (shutdown!).
November 11, 2025 at 9:42 PM
The second is on the future of the civil service with Nick Bednar, Anne Joseph O’Connell, and Nicholas Handler.
It’s really going to be great. So join us! It’s free! For real!
Really proud of the ABA Admin Law Section for making lemonade (free conference!) out of lemons (shutdown!).
It’s really going to be great. So join us! It’s free! For real!
Really proud of the ABA Admin Law Section for making lemonade (free conference!) out of lemons (shutdown!).
Reposted by Anne Joseph O’Connell
Can you help me get the word out? We are having trouble reaching government attorneys due to the shutdown.
This is 6 hours of CLE of FREE through the ABA. But you don’t have to be an attorney to sign up!
Thread of topics we will cover:
This is 6 hours of CLE of FREE through the ABA. But you don’t have to be an attorney to sign up!
Thread of topics we will cover:
NEWS! The ABA Admin Law Conference is FREE this year, in light of the shutdown. Great for admin law practitioners, academics, and students. It'll be Nov. 21 but you'll also be able to access recordings for 30 days afterwards.
6 FREE hours of CLE (approvals pending), including 3 ethics hours:
6 FREE hours of CLE (approvals pending), including 3 ethics hours:
2025 Administrative Law Fall Conference
events.americanbar.org
November 11, 2025 at 9:27 PM
Can you help me get the word out? We are having trouble reaching government attorneys due to the shutdown.
This is 6 hours of CLE of FREE through the ABA. But you don’t have to be an attorney to sign up!
Thread of topics we will cover:
This is 6 hours of CLE of FREE through the ABA. But you don’t have to be an attorney to sign up!
Thread of topics we will cover:
Government smartly dropped its claim below that President has inherent authority under Article II to name acting officials outside Vacancies Act. Perlmutter didn't contest firing of Librarian--argues Trump can't fire an inferior officer a department head named (her). Same issue in IAF litigation.
NEW: DOJ went to SCOTUS today in support of Trump's effort to fire the head of the Copyright Office, Shira Perlmutter.
A response is ordered by 4p Nov. 10.
(This follows the DC Circuit's Sept. 10 panel 2-1 injunction keeping Perlmutter in the role, & Oct. 1 denial of DOJ's en banc review request.)
A response is ordered by 4p Nov. 10.
(This follows the DC Circuit's Sept. 10 panel 2-1 injunction keeping Perlmutter in the role, & Oct. 1 denial of DOJ's en banc review request.)
October 28, 2025 at 7:33 AM
Government smartly dropped its claim below that President has inherent authority under Article II to name acting officials outside Vacancies Act. Perlmutter didn't contest firing of Librarian--argues Trump can't fire an inferior officer a department head named (her). Same issue in IAF litigation.
A proposal for temporary US attorneys: Permit AG to make *one* 120-day appointment of anyone (& keep the district court role) under 546. But for Vacancies Act (modeled after acting IG reform in NDAA): restrict picks to other confirmed people & senior DOJ people there >90 days before the vacancy.
October 24, 2025 at 6:21 PM
A proposal for temporary US attorneys: Permit AG to make *one* 120-day appointment of anyone (& keep the district court role) under 546. But for Vacancies Act (modeled after acting IG reform in NDAA): restrict picks to other confirmed people & senior DOJ people there >90 days before the vacancy.
At least here, Congress now requires acting IGs to be drawn from IG offices. They could do that for acting US attorneys.
The Inspector General system is basically broken now. Most IGs have been fired, most positions remain vacant. Those who remain or would take the job pose no risk to holding the regime accountable.
Congress added more barriers to Trump firing IGs after his first term. He just ignored them.
Congress added more barriers to Trump firing IGs after his first term. He just ignored them.
October 21, 2025 at 10:11 PM
At least here, Congress now requires acting IGs to be drawn from IG offices. They could do that for acting US attorneys.
Reposted by Anne Joseph O’Connell
Great live thread of this morning's Third Circuit oral argument in the Alina Habba Vacancies Act case. I agree that unfortunately the judges did not show the command of the basics of the FVRA that you would hope for.
I am listening to CA3 argument now on the Vacancies Act. I am screaming & we are only on minute 4. This is separate from the merits. YOU ARE OFTEN THE FIRST ASSISTANT AND THE ACTING. Now you might not be a proper first assistant but the Vacancies Act assumes when it applies the default has 2 titles.
October 21, 2025 at 1:42 AM
Great live thread of this morning's Third Circuit oral argument in the Alina Habba Vacancies Act case. I agree that unfortunately the judges did not show the command of the basics of the FVRA that you would hope for.
Reposted by Anne Joseph O’Connell
I don't buy the government's argument at the end that it does not use delegation for the whole job, that it goes to the FVRA first. That's not what it did at FEMA--both "heads" are serving through delegation, not the FVRA. Past Administrations have used delegations for whole jobs--is that allowed?
October 20, 2025 at 11:07 PM
I don't buy the government's argument at the end that it does not use delegation for the whole job, that it goes to the FVRA first. That's not what it did at FEMA--both "heads" are serving through delegation, not the FVRA. Past Administrations have used delegations for whole jobs--is that allowed?
Reposted by Anne Joseph O’Connell
Seems like Giraud is now saying that Habba can oversee all legal proceedings but not give speeches through delegation. Not sure they want to end up there....
October 20, 2025 at 11:18 PM
Seems like Giraud is now saying that Habba can oversee all legal proceedings but not give speeches through delegation. Not sure they want to end up there....
I am listening to CA3 argument now on the Vacancies Act. I am screaming & we are only on minute 4. This is separate from the merits. YOU ARE OFTEN THE FIRST ASSISTANT AND THE ACTING. Now you might not be a proper first assistant but the Vacancies Act assumes when it applies the default has 2 titles.
October 20, 2025 at 10:37 PM
I am listening to CA3 argument now on the Vacancies Act. I am screaming & we are only on minute 4. This is separate from the merits. YOU ARE OFTEN THE FIRST ASSISTANT AND THE ACTING. Now you might not be a proper first assistant but the Vacancies Act assumes when it applies the default has 2 titles.
Try 2: He named himself 1st asst. Seems like 1st asst is an inferior office, requiring head to name. Also brings up the ? from US Attorney cases about whether you can name a 1st asst after a vacancy. I think yes (if it's the director), but Congress needs to limit. www.nytimes.com/2025/10/06/u...
C.I.A. Deputy Director Has Replaced Agency’s Top Legal Official With Himself
www.nytimes.com
October 7, 2025 at 10:59 PM
Try 2: He named himself 1st asst. Seems like 1st asst is an inferior office, requiring head to name. Also brings up the ? from US Attorney cases about whether you can name a 1st asst after a vacancy. I think yes (if it's the director), but Congress needs to limit. www.nytimes.com/2025/10/06/u...
Reposted by Anne Joseph O’Connell
The unitary executive theory puts all the power of the executive branch in the hands of one person. That is a problem when he is unaware of some pretty big decisions being made by his underlings.
“Mr. Trump was first told of the cuts by Ms. Hochul during a phone call on Sunday evening, according to three people with knowledge of the conversation.”
Trump Administration Reverses $187 Million in N.Y. Counterterrorism Cuts
www.nytimes.com
October 3, 2025 at 4:32 PM
The unitary executive theory puts all the power of the executive branch in the hands of one person. That is a problem when he is unaware of some pretty big decisions being made by his underlings.
Reposted by Anne Joseph O’Connell
I spent the last several days wandering around federal courthouses in NJ to see how a judicial ruling, which concluded Alina Habba had no authority to be the state’s top prosecutor, was affecting criminal cases.
>> Here’s what I saw and heard. w/ @jonesieman.bsky.social
>> Here’s what I saw and heard. w/ @jonesieman.bsky.social
Inside the Crisis Gripping New Jersey’s Federal Courts
www.nytimes.com
August 28, 2025 at 11:47 AM
I spent the last several days wandering around federal courthouses in NJ to see how a judicial ruling, which concluded Alina Habba had no authority to be the state’s top prosecutor, was affecting criminal cases.
>> Here’s what I saw and heard. w/ @jonesieman.bsky.social
>> Here’s what I saw and heard. w/ @jonesieman.bsky.social
Although I think the Vacancies Act is broader (than the ruling today), which would help Dems >> Reps, I went back to Biden's start on DNJ's US Attorney. When the confirmed Trump 1.0 person left 1/5, his first assistant (career person) became acting and stayed until Biden's pick was confirmed. Norms.
Trump's manipulation of the law to install his personal attorney, Alina Habba, as U.S. Attorney was clearly unlawful as the court recognized today. This legal limbo continues to thwart our prosecutors’ ability to tackle crime in every federal case across the state, putting public safety at risk.
August 21, 2025 at 9:11 PM
Although I think the Vacancies Act is broader (than the ruling today), which would help Dems >> Reps, I went back to Biden's start on DNJ's US Attorney. When the confirmed Trump 1.0 person left 1/5, his first assistant (career person) became acting and stayed until Biden's pick was confirmed. Norms.
Two smaller acting/interim issues in ruling specific to US Attys: (1) Court holds Vacancies Act is available, even though there is the 28 USC 546 provision (only win in ruling for government). (2) Court holds under 546, AG gets only 120 days from initial appointment so 120 days ran out on July 1.
August 21, 2025 at 8:28 PM
Two smaller acting/interim issues in ruling specific to US Attys: (1) Court holds Vacancies Act is available, even though there is the 28 USC 546 provision (only win in ruling for government). (2) Court holds under 546, AG gets only 120 days from initial appointment so 120 days ran out on July 1.
Some thoughts on the Habba ruling. TL;DR: it upends practice of Republican and Democratic Administrations on actings. I expect Government will win on appeal, at least on the second big issue. The first big issue is about whether first assistants can be named after a vacancy. First court to rule no.
August 21, 2025 at 8:23 PM
Some thoughts on the Habba ruling. TL;DR: it upends practice of Republican and Democratic Administrations on actings. I expect Government will win on appeal, at least on the second big issue. The first big issue is about whether first assistants can be named after a vacancy. First court to rule no.
Not just about US attorneys. Judge holds that first assistants cannot be named after a vacancy. And that you cannot use delegation (even of nonexclusive functions) for covered positions under the Act (though they can be ratified later). storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
August 21, 2025 at 8:11 PM
Not just about US attorneys. Judge holds that first assistants cannot be named after a vacancy. And that you cannot use delegation (even of nonexclusive functions) for covered positions under the Act (though they can be ratified later). storage.courtlistener.com/recap/gov.us...
Reposted by Anne Joseph O’Connell
The criticisms here of the effects on law students are right, but miss the most important piece: hiring on first semester grades hurts first-gen students, students who don't have lawyers in the family, students who take a little longer to adjust to law school, etc. 1/
www.law.com/2025/08/18/h...
www.law.com/2025/08/18/h...
How Law Students Are Navigating Early Recruitment | Law.com
“In some ways, that’s very powerful, to kind of have your career plan that's buttoned up,” but “the flip side of that, of course, is your career plans are buttoned up for a couple years,” said Carey B...
www.law.com
August 20, 2025 at 12:22 AM
The criticisms here of the effects on law students are right, but miss the most important piece: hiring on first semester grades hurts first-gen students, students who don't have lawyers in the family, students who take a little longer to adjust to law school, etc. 1/
www.law.com/2025/08/18/h...
www.law.com/2025/08/18/h...
Summary Judgement for Sara Aviel -- head of IAF! "To begin, if the President has the power to appoint acting officials to any principal office by default, then the FVRA would be utterly meaningless." storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
August 14, 2025 at 5:37 PM
Summary Judgement for Sara Aviel -- head of IAF! "To begin, if the President has the power to appoint acting officials to any principal office by default, then the FVRA would be utterly meaningless." storage.courtlistener.com/recap/gov.us...
All fixed now! Justice Kagan once asked a lawyer in a Vacancies Act case why his client didn’t just go public & explain violation of Act. Lawyer: Because I would have to explain the Vacancies Act.
"Under the statute, someone serving as acting agency CEO must have been previously confirmed to another position..., have acted as principal deputy of the CEO for at least 90 days of the past year or be a senior nonpartisan agency official." Wrong on last 2 of the 3. www.npr.org/2025/08/13/n...
Is Kari Lake a CEO? Her agency said so. The law suggests not
Kari Lake has sought to dismantle Voice of America and its federal parent, the U.S. Agency for Global Media. The agency has recently called her its acting CEO. But the law suggests she's not eligible ...
www.npr.org
August 14, 2025 at 4:23 PM
All fixed now! Justice Kagan once asked a lawyer in a Vacancies Act case why his client didn’t just go public & explain violation of Act. Lawyer: Because I would have to explain the Vacancies Act.
"Under the statute, someone serving as acting agency CEO must have been previously confirmed to another position..., have acted as principal deputy of the CEO for at least 90 days of the past year or be a senior nonpartisan agency official." Wrong on last 2 of the 3. www.npr.org/2025/08/13/n...
Is Kari Lake a CEO? Her agency said so. The law suggests not
Kari Lake has sought to dismantle Voice of America and its federal parent, the U.S. Agency for Global Media. The agency has recently called her its acting CEO. But the law suggests she's not eligible ...
www.npr.org
August 13, 2025 at 11:58 PM
"Under the statute, someone serving as acting agency CEO must have been previously confirmed to another position..., have acted as principal deputy of the CEO for at least 90 days of the past year or be a senior nonpartisan agency official." Wrong on last 2 of the 3. www.npr.org/2025/08/13/n...
I did another podcast on the NJ US attorney mess. It is for a more general audience than some of my posts here. www.bloomberg.com/news/audio/2...
Bloomberg Law: NJ Federal Criminal Courts Frozen - Bloomberg
Host June Grasso speaks with prominent attorneys and legal scholars, analyzing major legal issues and cases in the news.
www.bloomberg.com
July 31, 2025 at 12:52 AM
I did another podcast on the NJ US attorney mess. It is for a more general audience than some of my posts here. www.bloomberg.com/news/audio/2...
Reposted by Anne Joseph O’Connell
Pardon my French, but the situation in NJ is a clusterfuck.
Here’s the letter from the office of the public defender to Chief Judge Brann.
I’d like to point out the official channels through which the NJ attorneys and judges communicate.
Unlike Trump, Bondi, Blanche, Habba, who do so via X.
Here’s the letter from the office of the public defender to Chief Judge Brann.
I’d like to point out the official channels through which the NJ attorneys and judges communicate.
Unlike Trump, Bondi, Blanche, Habba, who do so via X.
July 29, 2025 at 5:25 PM
Pardon my French, but the situation in NJ is a clusterfuck.
Here’s the letter from the office of the public defender to Chief Judge Brann.
I’d like to point out the official channels through which the NJ attorneys and judges communicate.
Unlike Trump, Bondi, Blanche, Habba, who do so via X.
Here’s the letter from the office of the public defender to Chief Judge Brann.
I’d like to point out the official channels through which the NJ attorneys and judges communicate.
Unlike Trump, Bondi, Blanche, Habba, who do so via X.
Reposted by Anne Joseph O’Connell
Brief in opposition to the motion to dismiss on the basis that Habba is unlawfully serving as “acting” U.S. attorney.
Status conference at 3.
The office of the public defender also filed a letter on its own behalf (see next post).
Status conference at 3.
The office of the public defender also filed a letter on its own behalf (see next post).
storage.courtlistener.com
July 29, 2025 at 5:14 PM
Brief in opposition to the motion to dismiss on the basis that Habba is unlawfully serving as “acting” U.S. attorney.
Status conference at 3.
The office of the public defender also filed a letter on its own behalf (see next post).
Status conference at 3.
The office of the public defender also filed a letter on its own behalf (see next post).