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
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.
Reposted by Nick Bednar
The deal to end the government shutdown included two provisions to alleviate some of the harm suffered by federal employees.
@nicholasbednar.bsky.social explains why Congress must leverage the power of the purse to protect the federal workforce from further assaults by the Trump administration.
@nicholasbednar.bsky.social explains why Congress must leverage the power of the purse to protect the federal workforce from further assaults by the Trump administration.
The Shutdown Is Over, but Federal Workers Aren’t Out of the Woods
The deal provides some relief for federal employees but doesn’t go far enough to end the administration’s assault on the civil service.
www.lawfaremedia.org
November 18, 2025 at 6:07 PM
The deal to end the government shutdown included two provisions to alleviate some of the harm suffered by federal employees.
@nicholasbednar.bsky.social explains why Congress must leverage the power of the purse to protect the federal workforce from further assaults by the Trump administration.
@nicholasbednar.bsky.social explains why Congress must leverage the power of the purse to protect the federal workforce from further assaults by the Trump administration.
Reposted by Nick Bednar
News that surprised me this morning
federalnewsnetwork.com/unions/2025/...
federalnewsnetwork.com/unions/2025/...
House majority forces vote on bill to restore collective bargaining for most federal employees
A Republican lawmaker was the 218th signature on a discharge petition, forcing a House floor vote on a bill to restore collective bargaining rights.
federalnewsnetwork.com
November 18, 2025 at 12:26 PM
News that surprised me this morning
federalnewsnetwork.com/unions/2025/...
federalnewsnetwork.com/unions/2025/...
If you're not following @martylederman.bsky.social for the latest on the National Guard cases, you really should be.
The SG has filed his reply letter brief in the Chicago case involving the National Guard. I've already filed two briefs in the case that address the vast majority of what the SG writes here, but perhaps it's worthwhile to respond to a few discrete things. [1]
www.supremecourt.gov/DocketPDF/25...
www.supremecourt.gov/DocketPDF/25...
www.supremecourt.gov
November 18, 2025 at 9:09 AM
If you're not following @martylederman.bsky.social for the latest on the National Guard cases, you really should be.
Reposted by Nick Bednar
On this day in 1882, Felix Frankfurter was born. As a Sup Ct Justice, he upheld a Mich law banning women from bartending. Anne Davidow, who represented the plaintiffs, later reported that Frankfurter “heckled” her from the bench while informing her that “the days of chivalry aren’t over.” #WeTheMen
November 15, 2025 at 3:55 PM
On this day in 1882, Felix Frankfurter was born. As a Sup Ct Justice, he upheld a Mich law banning women from bartending. Anne Davidow, who represented the plaintiffs, later reported that Frankfurter “heckled” her from the bench while informing her that “the days of chivalry aren’t over.” #WeTheMen
Beautiful.
"The core problem with the pennies turned out to be a mostly psychological horror. In my article, I described this situation as 'the dumbest thing I ever heard' and 'the Perpetual Penny Paradox'—both terms I stand by a year later."
"The core problem with the pennies turned out to be a mostly psychological horror. In my article, I described this situation as 'the dumbest thing I ever heard' and 'the Perpetual Penny Paradox'—both terms I stand by a year later."
This is great. In (gift link): www.theatlantic.com/ideas/2025/1...
November 16, 2025 at 6:48 PM
Beautiful.
"The core problem with the pennies turned out to be a mostly psychological horror. In my article, I described this situation as 'the dumbest thing I ever heard' and 'the Perpetual Penny Paradox'—both terms I stand by a year later."
"The core problem with the pennies turned out to be a mostly psychological horror. In my article, I described this situation as 'the dumbest thing I ever heard' and 'the Perpetual Penny Paradox'—both terms I stand by a year later."
Reposted by Nick Bednar
The Trump administration's Schedule F rule is on the verge of being finalized. I'm not optimistic legal challenges will prevail.
subscriber.politicopro.com/article/eene...
subscriber.politicopro.com/article/eene...
E&E News: Trump admin advances plan to overhaul civil service
A new category of federal employees will remain career but become at-will, meaning agencies could more easily fire them.
subscriber.politicopro.com
November 15, 2025 at 4:13 PM
The Trump administration's Schedule F rule is on the verge of being finalized. I'm not optimistic legal challenges will prevail.
subscriber.politicopro.com/article/eene...
subscriber.politicopro.com/article/eene...
An Empirical Thread on Briefs in Trump v. Slaughter: In these big administrative law cases, I often like to see which academics are being cited the most. I don't think it tells us much. (Maybe it says something about the prominence of the scholar in a given area.) I just think it's fun. 1/8
November 15, 2025 at 5:02 AM
An Empirical Thread on Briefs in Trump v. Slaughter: In these big administrative law cases, I often like to see which academics are being cited the most. I don't think it tells us much. (Maybe it says something about the prominence of the scholar in a given area.) I just think it's fun. 1/8
I really like skimming authorities for amicus briefs because it's a nice way to figure out which scholarship to read on an issue. Also got a chuckle that someone cited to Baude's post about Nelson's article. (Nelson got cited a lot.)
November 15, 2025 at 1:10 AM
I really like skimming authorities for amicus briefs because it's a nice way to figure out which scholarship to read on an issue. Also got a chuckle that someone cited to Baude's post about Nelson's article. (Nelson got cited a lot.)
Reposted by Nick Bednar
This is very cool to see up on the Supreme Court's website!
You can read @nicholasbednar.bsky.social and my brief in Trump v. Slaughter here: www.supremecourt.gov/DocketPDF/25...
You can read @nicholasbednar.bsky.social and my brief in Trump v. Slaughter here: www.supremecourt.gov/DocketPDF/25...
November 14, 2025 at 4:57 PM
This is very cool to see up on the Supreme Court's website!
You can read @nicholasbednar.bsky.social and my brief in Trump v. Slaughter here: www.supremecourt.gov/DocketPDF/25...
You can read @nicholasbednar.bsky.social and my brief in Trump v. Slaughter here: www.supremecourt.gov/DocketPDF/25...
Your civil service fun fact of the day: 5 U.S.C. Ch. 45 authorizes the president and heads of agencies to make various cash awards for superior performance. Under normal circumstances, the award cannot exceed $10,000.
Kristi Noem, the homeland security secretary, began handing out $10,000 checks to TSA workers who “went above and beyond” during the shutdown, after President Trump recommended similar bonuses for some air traffic controllers. nyti.ms/4i2H1Sf
November 14, 2025 at 10:15 AM
Your civil service fun fact of the day: 5 U.S.C. Ch. 45 authorizes the president and heads of agencies to make various cash awards for superior performance. Under normal circumstances, the award cannot exceed $10,000.
Reposted by Nick Bednar
If you’ve always wanted to work for the best state intermediate appellate court in the country, now is your chance.
gaappeals.us/careers/
gaappeals.us/careers/
Careers – Court of Appeals of the State of Georgia
Purchasing/Facilities Coordinator Central Staff Attorney Staff Attorney for Judge Davis Staff Attorney for Judge Padgett
gaappeals.us
November 13, 2025 at 6:39 PM
If you’ve always wanted to work for the best state intermediate appellate court in the country, now is your chance.
gaappeals.us/careers/
gaappeals.us/careers/