Jennifer Nou
@jennifernou.bsky.social
Law Professor at UChicago. Administrative law, executive branch dynamics, separation of powers.
Reposted by Jennifer Nou
I've been struggling with when to post this draft article, but last week's news about Trump firing the Commissioner of Labor Statistics convinced me I better share it now. It unpacks both the promise and the peril of what I call "informational administration."
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
Informational Administration: The Administrative State Beyond Legal Administration
On many dimensions, the administrative state is at the nadir of its power. The Supreme Court has tightened administrative law controls on agency power, and the
papers.ssrn.com
August 5, 2025 at 12:45 PM
I've been struggling with when to post this draft article, but last week's news about Trump firing the Commissioner of Labor Statistics convinced me I better share it now. It unpacks both the promise and the peril of what I call "informational administration."
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
Reposted by Jennifer Nou
Over at the Notice and Comment blog, today's Ad Law Reading Room covers two pieces: "Presidential Brokering in the Regulatory State" by @jennifernou.bsky.social and "The Chadha Presidency" by @joshchafetz.bsky.social. Check it out! www.yalejreg.com/nc/ad-law-re...
Ad Law Reading Room: "Presidential Brokering in the Regulatory State," by Nou & "The Chadha Presidency," by Chafetz - Yale Journal on Regulation
Today’s Ad Law Reading Room brings two entries. The first is “Presidential Brokering in the Regulatory State,” forthcoming in the George Washington Law Review, by Jennifer Nou. The second is “The Chad...
www.yalejreg.com
August 1, 2025 at 4:56 PM
Over at the Notice and Comment blog, today's Ad Law Reading Room covers two pieces: "Presidential Brokering in the Regulatory State" by @jennifernou.bsky.social and "The Chadha Presidency" by @joshchafetz.bsky.social. Check it out! www.yalejreg.com/nc/ad-law-re...
Now on SSRN: How do White House policy councils shape the president's highest priority rules? What is their relationship to OIRA and regulatory review? Part of an effort to understand the rise of presidential power through the institutional presidency: papers.ssrn.com/sol3/papers....
Presidential Brokering in the Regulatory State
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<span>Presidents seeking to make regulatory policy face formidable hurdles, most recently heightened litigation risk, reduced judicial deference, and pol
papers.ssrn.com
July 21, 2025 at 3:46 PM
Now on SSRN: How do White House policy councils shape the president's highest priority rules? What is their relationship to OIRA and regulatory review? Part of an effort to understand the rise of presidential power through the institutional presidency: papers.ssrn.com/sol3/papers....
So important to be talking across disciplines, especially in these times.
Backseat car hammocks for babies? Thanks to government, they are no longer for sale in the United States. Now, as federal regulators come under attack from within, political scientists and legal scholars gathered for a conference on the future of studying the administrative state: bit.ly/44LJSbW
July 11, 2025 at 7:36 PM
So important to be talking across disciplines, especially in these times.
Reposted by Jennifer Nou
“‘Regulatory Reform from Nixon to Biden’ … effectively cuts through the partisan chatter of the Beltway to offer clear-eyed lessons about how we got to where we are and what still needs to be done to confront the emerging regulatory challenges of the day,” writes Prof. @jennifernou.bsky.social.
Transcending Partisanship in Regulatory Reform | The Regulatory Review
Graham’s new book highlights the challenges of and opportunities for regulatory reform.
buff.ly
April 30, 2025 at 9:47 PM
“‘Regulatory Reform from Nixon to Biden’ … effectively cuts through the partisan chatter of the Beltway to offer clear-eyed lessons about how we got to where we are and what still needs to be done to confront the emerging regulatory challenges of the day,” writes Prof. @jennifernou.bsky.social.
Chicago folks: Come ask David Strauss & me anything tomorrow about the President's executive powers! Needless to say, lots to discuss.
RSVP here: events.uchicago.edu/event/246256...
RSVP here: events.uchicago.edu/event/246256...
Ask me Anything About the President’s Executive Powers: Q&A with Profs. Jennifer Nou and David A. Strauss
What powers does the president of the United States actually have? How can these executive powers be used to shape policy, respond to crises, or in...
events.uchicago.edu
April 14, 2025 at 4:15 PM
Chicago folks: Come ask David Strauss & me anything tomorrow about the President's executive powers! Needless to say, lots to discuss.
RSVP here: events.uchicago.edu/event/246256...
RSVP here: events.uchicago.edu/event/246256...
Just as OIRA has asserted control over the Federal Election Commission
I had predicted that OIRA won't mean shit during Trump 2.0, and if this is true, than I will know I was right. thefederalist.com/2025/02/26/s...
SCOOP: Trump To Tap Jeff Clark As White House Regulation Czar
His extensive experience in administrative law could prove he’s equipped to take on the regulatory fights that await him.
thefederalist.com
February 26, 2025 at 9:04 PM
Just as OIRA has asserted control over the Federal Election Commission
Also time for judges to deny any presumption of regularity. Presume irregularity
Judges are growing increasingly "frustrat[ed]" (as Judge Ali put it) with the cat-and-mouse "compliance" games of the Trump administration. Judge AliKhan's denial of a "presumption of good faith" by the administration is especially noteworthy.
Read today's Executive Functions Morning Roundup—a tough day in multiple courts for the Trump administration, commentary from @casssunstein.bsky.social, @jadler1969.bsky.social, and @ebharrington.bsky.social, and more (first four stories below). executivefunctions.substack.com/p/morning-ro...
February 26, 2025 at 3:20 PM
Also time for judges to deny any presumption of regularity. Presume irregularity
Reposted by Jennifer Nou
Hi folks:
With @nicholasbednar.bsky.social, @lorenraeds.bsky.social & Don Kettl, I will be talking at an @appam.bsky.social about the attack on public employees and government programs, Thursday, 2/27, 12.30-2pm EST.
Free registration.
www.appam.org/events/webin...
With @nicholasbednar.bsky.social, @lorenraeds.bsky.social & Don Kettl, I will be talking at an @appam.bsky.social about the attack on public employees and government programs, Thursday, 2/27, 12.30-2pm EST.
Free registration.
www.appam.org/events/webin...
February 21, 2025 at 6:32 PM
Hi folks:
With @nicholasbednar.bsky.social, @lorenraeds.bsky.social & Don Kettl, I will be talking at an @appam.bsky.social about the attack on public employees and government programs, Thursday, 2/27, 12.30-2pm EST.
Free registration.
www.appam.org/events/webin...
With @nicholasbednar.bsky.social, @lorenraeds.bsky.social & Don Kettl, I will be talking at an @appam.bsky.social about the attack on public employees and government programs, Thursday, 2/27, 12.30-2pm EST.
Free registration.
www.appam.org/events/webin...
Many saw the extension of OIRA review to independent regulatory agencies coming, but this EO does so much more... 🧵
www.whitehouse.gov/presidential...
www.whitehouse.gov/presidential...
Ensuring Accountability for All Agencies
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
www.whitehouse.gov
February 19, 2025 at 3:54 AM
Many saw the extension of OIRA review to independent regulatory agencies coming, but this EO does so much more... 🧵
www.whitehouse.gov/presidential...
www.whitehouse.gov/presidential...
Lots of bad, but this is very bad.
The move puts the security and integrity of elections in the U.S. — especially at the state level, where local election officials rely on CISA resources to securely run elections — at risk. www.democracydocket.com/news-alerts/...
CISA Puts Election Staff on Administrative Leave
Read more here.
www.democracydocket.com
February 12, 2025 at 6:03 AM
Lots of bad, but this is very bad.
Reposted by Jennifer Nou
I'm excited to share my article, The Immigration Subpoena Power, which explores the way that ICE uses administrative subpoenas for civil immigration enforcement and the concerns that these practices raise. Many thanks to those who helped improve it (1/2)
columbialawreview.org/content/the-...
columbialawreview.org/content/the-...
THE IMMIGRATION SUBPOENA POWER - Columbia Law Review
Introduction After a series of public losses in its war on “sanctuary” cities, the first Trump Administration deployed the immigration subpoena, a new and formidable weapon in this fight. It used thes...
columbialawreview.org
February 5, 2025 at 2:50 PM
I'm excited to share my article, The Immigration Subpoena Power, which explores the way that ICE uses administrative subpoenas for civil immigration enforcement and the concerns that these practices raise. Many thanks to those who helped improve it (1/2)
columbialawreview.org/content/the-...
columbialawreview.org/content/the-...
Reposted by Jennifer Nou
From the Chicago protest against the Musk coup.
February 5, 2025 at 6:12 PM
From the Chicago protest against the Musk coup.
The FAQs for this are going to be...interesting
And here’s the 10-for-1 & reg budget fact sheet (?). 🧵with a few reactions:
www.whitehouse.gov/fact-sheets/...
www.whitehouse.gov/fact-sheets/...
Fact Sheet: President Donald J. Trump Launches Massive 10-to-1 Deregulation Initiative – The White House
ELIMINATING 10 REGULATIONS FOR EACH NEW REGULATION ISSUED: Today, President Donald J. Trump signed an Executive Order to unleash prosperity through
www.whitehouse.gov
February 1, 2025 at 3:47 AM
The FAQs for this are going to be...interesting
Reposted by Jennifer Nou
Given recent news, I’m happy to share a working paper quantifying presidential deviations from enacted budgets from 1958-2018. Analyzing agency/bureau level data on spending and presidential requests, I find that presidents spend less than appropriated when they desire to.
January 29, 2025 at 6:27 PM
Given recent news, I’m happy to share a working paper quantifying presidential deviations from enacted budgets from 1958-2018. Analyzing agency/bureau level data on spending and presidential requests, I find that presidents spend less than appropriated when they desire to.
Yes. Looks like OMB’s deliberative clearance process for M-memos is not yet up and running (or seriously compromsied)
Here's the thing about pasting transition-written memos onto government letterhead and pushing them out. When an administration bypasses the "know-how meat-grinder" of the executive branch, you get garbage, unimplementable policy.
January 29, 2025 at 8:52 PM
Yes. Looks like OMB’s deliberative clearance process for M-memos is not yet up and running (or seriously compromsied)
On recklessness: only giving agencies one *day* to "immediately identify any legally mandated actions or deadlines for assistance programs" before the freeze goes into effect. Shows that OMB never intended to avoid illegal funding delays.
My latest on the spectacularly unlawful and utterly reckless funding freeze the Administration announced last night.
balkin.blogspot.com/2025/01/unla...
balkin.blogspot.com/2025/01/unla...
Unlawful Funding Freeze Sews Chaos
Last night, the Trump Administration’s Office of Management and Budget (OMB) startled and befuddled state and local governments, non-pr...
balkin.blogspot.com
January 28, 2025 at 6:14 PM
On recklessness: only giving agencies one *day* to "immediately identify any legally mandated actions or deadlines for assistance programs" before the freeze goes into effect. Shows that OMB never intended to avoid illegal funding delays.
Reposted by Jennifer Nou
I see some suggestions, in the reporting regarding the OMB impoundment order, that a mere delay in spending appropriated funds is legal. But that's not really true. The delay OMB has ordered specifically contradicts the Impoundment Control Act. A thread.
January 28, 2025 at 12:48 PM
I see some suggestions, in the reporting regarding the OMB impoundment order, that a mere delay in spending appropriated funds is legal. But that's not really true. The delay OMB has ordered specifically contradicts the Impoundment Control Act. A thread.
Reposted by Jennifer Nou
Revocations of existing appointee-to-civil servant subdelegations are rare; @jennifernou.bsky.social & my data show one revocation for every 33 new subdelegations of authority. That Trump 2.0 is pursuing this so early suggests a more sophisticated operation than in '17.
Trump Pauses Permitting for All Renewables on Federal Lands
A newly released memo from the Department of the Interior freezes the pipeline for 60 days.
heatmap.news
January 25, 2025 at 1:35 PM
Revocations of existing appointee-to-civil servant subdelegations are rare; @jennifernou.bsky.social & my data show one revocation for every 33 new subdelegations of authority. That Trump 2.0 is pursuing this so early suggests a more sophisticated operation than in '17.
Reposted by Jennifer Nou
Prof. @jennifernou.bsky.social tells @donmoyn.bsky.social for his ‘Can We Still Govern’ newsletter that large-scale firing of federal employees, as suggested by Elon Musk and Vivek Ramaswamy, is “likely illegal” based on Section 3301.
Will the federal government become a toxic employer?
Sorting fact from fiction on mass firings, relocations, and return-to-office policies
buff.ly
January 8, 2025 at 10:47 PM
Prof. @jennifernou.bsky.social tells @donmoyn.bsky.social for his ‘Can We Still Govern’ newsletter that large-scale firing of federal employees, as suggested by Elon Musk and Vivek Ramaswamy, is “likely illegal” based on Section 3301.
Much more is spent on contractors than pay for federal personnel, but we can guess the reasons DOGE won't go after these "government" workers. One of many insights here from @donmoyn.bsky.social
New, from me: Muskawamy's plans for federal government employees, sorting out fact from fiction.
Bottom-line: mass firings are unlikely, some proposals are real, but likely to worsen state capacity.
Making the government a toxic employer is bad for the rest of us.
🧵
open.substack.com/pub/donmoyni...
Bottom-line: mass firings are unlikely, some proposals are real, but likely to worsen state capacity.
Making the government a toxic employer is bad for the rest of us.
🧵
open.substack.com/pub/donmoyni...
Will the federal government become a toxic employer?
Sorting fact from fiction on mass firings, relocations, and return-to-work policies
open.substack.com
January 2, 2025 at 10:03 PM
Much more is spent on contractors than pay for federal personnel, but we can guess the reasons DOGE won't go after these "government" workers. One of many insights here from @donmoyn.bsky.social
Great new hub of resources for civil servants.
Civil Service Strong: Resources for Civil Servants
Effective. Impartial. Resilient. The civil service comprises dedicated, nonpartisan federal employees who work tirelessly across the country and around the world to ensure the effective delivery of go...
www.civilservicestrong.org
December 19, 2024 at 3:34 PM
Great new hub of resources for civil servants.
Should career staff attorneys at DOJ and beyond stay or leave the Trump administration? Join us on 12/18 for a discussion organized by @acslaw.bsky.social!
To register: www.acslaw.org/event/should...
To register: www.acslaw.org/event/should...
Should I Stay or Should I Go (Again)? Public Service During an Unfriendly Federal Administration | ACS
www.acslaw.org
December 6, 2024 at 7:58 PM
Should career staff attorneys at DOJ and beyond stay or leave the Trump administration? Join us on 12/18 for a discussion organized by @acslaw.bsky.social!
To register: www.acslaw.org/event/should...
To register: www.acslaw.org/event/should...
Reposted by Jennifer Nou
Over at @lawfare.bsky.social, I have a primer on how the Trump Administration may seek to exercise its authority over the civil service.
www.lawfaremedia.org/article/a-pr...
www.lawfaremedia.org/article/a-pr...
A Primer on the Civil Service and the Trump Administration
The broad discretion afforded to presidents to shape personnel policy poses a threat to the civil service during the Trump administration.
www.lawfaremedia.org
December 3, 2024 at 3:05 PM
Over at @lawfare.bsky.social, I have a primer on how the Trump Administration may seek to exercise its authority over the civil service.
www.lawfaremedia.org/article/a-pr...
www.lawfaremedia.org/article/a-pr...