Nicholas Bagley
@nbagley.bsky.social
University of Michigan Law Professor
Reposted by Nicholas Bagley
Pat Bagley, Salt Lake Tribune
January 26, 2026 at 1:03 PM
Pat Bagley, Salt Lake Tribune
Good news! I have been reliably informed that the Fed Soc has put an end to this practice, which is great!
I am once again begging Fed Soc to stop the practice of suggesting anyone who has ever done a panel for them is a member.
Not a member! Disagree with Fed Soc on … LOTS. Tons of hatred today from people assuming I’m some kind of right-winger.
fedsoc.org/contributors...
Not a member! Disagree with Fed Soc on … LOTS. Tons of hatred today from people assuming I’m some kind of right-winger.
fedsoc.org/contributors...
Prof. Nicholas Bagley
Professor Nicholas Bagley teaches and writes in the areas of administrative law, regulatory theory, and health law. Prior to joining the Law School faculty, he was an attorney with the appellate staff...
fedsoc.org
January 9, 2026 at 3:08 PM
Good news! I have been reliably informed that the Fed Soc has put an end to this practice, which is great!
Reposted by Nicholas Bagley
Pretty sure I'm one of the folks Mark's subtweeting. While I don’t feel compelled to respond, this actually provides a beautiful lesson for how academics and other serious observers might think about engaging with the Court and law. (thread)
There's a rising faction of the legal academy that stays quiet when their MAGAdemic colleagues produce fraudulent psuedo-scholarship in service to the cruelest aspects of Trump's agenda ... then leap in to police the discourse when their progressive colleagues criticize those MAGAdemics too bluntly.
January 7, 2026 at 5:50 PM
Pretty sure I'm one of the folks Mark's subtweeting. While I don’t feel compelled to respond, this actually provides a beautiful lesson for how academics and other serious observers might think about engaging with the Court and law. (thread)
Reposted by Nicholas Bagley
ICYMI - this week, we're featuring the earliest essays in @nyulaw.bsky.social Democracy Project's "100 ideas in 100 days" series
From Day 1 - @nbagley.bsky.social - "On Procedures and Democracy"
Read the full piece here: democracyproject.org/posts/on-pro...
From Day 1 - @nbagley.bsky.social - "On Procedures and Democracy"
Read the full piece here: democracyproject.org/posts/on-pro...
On Procedures and Democracy
A broad range of views on democracy to help break the stalemate caused by partisan conflict.
democracyproject.org
December 29, 2025 at 3:11 PM
ICYMI - this week, we're featuring the earliest essays in @nyulaw.bsky.social Democracy Project's "100 ideas in 100 days" series
From Day 1 - @nbagley.bsky.social - "On Procedures and Democracy"
Read the full piece here: democracyproject.org/posts/on-pro...
From Day 1 - @nbagley.bsky.social - "On Procedures and Democracy"
Read the full piece here: democracyproject.org/posts/on-pro...
Reposted by Nicholas Bagley
"Burkeanism and the Administrative State"
I really enjoyed doing this podcast episode with Sarah Isgur, @williambaude.bsky.social, and @davidfrenchjag.bsky.social. It was framed around separation of powers debates, but the conversation ranged much more widely. thedispatch.com/podcast/advi...
I really enjoyed doing this podcast episode with Sarah Isgur, @williambaude.bsky.social, and @davidfrenchjag.bsky.social. It was framed around separation of powers debates, but the conversation ranged much more widely. thedispatch.com/podcast/advi...
Burkeanism and the Administrative State
A debate on unitary executive power.
thedispatch.com
December 16, 2025 at 10:18 PM
"Burkeanism and the Administrative State"
I really enjoyed doing this podcast episode with Sarah Isgur, @williambaude.bsky.social, and @davidfrenchjag.bsky.social. It was framed around separation of powers debates, but the conversation ranged much more widely. thedispatch.com/podcast/advi...
I really enjoyed doing this podcast episode with Sarah Isgur, @williambaude.bsky.social, and @davidfrenchjag.bsky.social. It was framed around separation of powers debates, but the conversation ranged much more widely. thedispatch.com/podcast/advi...
Reposted by Nicholas Bagley
Things are bad, but pushback can still work. Keep it up.
The Trump Administration is abandoning plans for the biggest-ever cut to Social Security Disability Insurance, which would have hit older workers hardest.
The rule would have devastated up to 1.5 million workers' financial stability, retirement security & access to health care.
wapo.st/4o48J24
The rule would have devastated up to 1.5 million workers' financial stability, retirement security & access to health care.
wapo.st/4o48J24
Social Security scraps plan to limit disability benefits after uproar
The policy would have fundamentally altered who qualifies for the two federal disability programs by eliminating or limiting a person’s age as a factor to consider.
wapo.st
November 19, 2025 at 10:22 PM
Things are bad, but pushback can still work. Keep it up.
Reposted by Nicholas Bagley
My “my 17 references to George Soros aren’t political” footnote is raising a lot of questions answered by my footnote.
But worry not, he has a footnote explaining why his fixation on Soros "is not political."
November 19, 2025 at 10:37 PM
My “my 17 references to George Soros aren’t political” footnote is raising a lot of questions answered by my footnote.
Reposted by Nicholas Bagley
An important piece of reporting. Even congressional Republicans wanted to include appropriations-bill language to protect Congress's power of the purse. But Russ Vought has pressured them to cut the language, and the House Republicans rolled over. www.notus.org/congress/mar...
A Top Republican Wanted to Reclaim Congress’ Spending Authority. The White House Stopped Him.
Rep. Mario Díaz-Balart, a top appropriator, tried to add guardrails from ‘pocket rescissions’ in an appropriations bill. But then Office of Management Budget Director Russ Vought talked to him.
www.notus.org
November 19, 2025 at 1:56 PM
An important piece of reporting. Even congressional Republicans wanted to include appropriations-bill language to protect Congress's power of the purse. But Russ Vought has pressured them to cut the language, and the House Republicans rolled over. www.notus.org/congress/mar...
Reposted by Nicholas Bagley
Now, following last week's elections, Democrats are talking seriously about retaking the Senate. This is one of the states to watch.
@citizencohn.bsky.social breaks down the Michigan Democratic Senate primary in the latest edition of The Breakdown: www.thebulwark.com/p/michigan-s...
@citizencohn.bsky.social breaks down the Michigan Democratic Senate primary in the latest edition of The Breakdown: www.thebulwark.com/p/michigan-s...
November 10, 2025 at 10:06 PM
Now, following last week's elections, Democrats are talking seriously about retaking the Senate. This is one of the states to watch.
@citizencohn.bsky.social breaks down the Michigan Democratic Senate primary in the latest edition of The Breakdown: www.thebulwark.com/p/michigan-s...
@citizencohn.bsky.social breaks down the Michigan Democratic Senate primary in the latest edition of The Breakdown: www.thebulwark.com/p/michigan-s...
Reposted by Nicholas Bagley
The technical term is shitshow. But it's much worse than that. www.washingtonpost.com/health/2025/...
CDC director being ousted weeks into job
Susan Monarez, a longtime federal government scientist, was confirmed by the Senate in late July to lead the Centers for Disease Control and Prevention.
www.washingtonpost.com
August 27, 2025 at 8:42 PM
The technical term is shitshow. But it's much worse than that. www.washingtonpost.com/health/2025/...
Reposted by Nicholas Bagley
This, from FDR's 1936 convention speech bears repeating, as always, but especially now:
"Governments can err, Presidents do make mistakes, but the immortal Dante tells us that divine justice weighs the sins of the cold-blooded and the sins of the warm-hearted in different scales. . . . (1/3)
"Governments can err, Presidents do make mistakes, but the immortal Dante tells us that divine justice weighs the sins of the cold-blooded and the sins of the warm-hearted in different scales. . . . (1/3)
August 22, 2025 at 2:57 PM
This, from FDR's 1936 convention speech bears repeating, as always, but especially now:
"Governments can err, Presidents do make mistakes, but the immortal Dante tells us that divine justice weighs the sins of the cold-blooded and the sins of the warm-hearted in different scales. . . . (1/3)
"Governments can err, Presidents do make mistakes, but the immortal Dante tells us that divine justice weighs the sins of the cold-blooded and the sins of the warm-hearted in different scales. . . . (1/3)
Reposted by Nicholas Bagley
As the ABA discusses the proposal to double the required number of experiential credits, here's a very informative and timely paper from Chilton, Joy, and Rozema. papers.ssrn.com/sol3/papers....
It provides grounds for real skepticism, and so far I have not seen good counter-evidence from the ABA.
It provides grounds for real skepticism, and so far I have not seen good counter-evidence from the ABA.
August 22, 2025 at 6:37 AM
As the ABA discusses the proposal to double the required number of experiential credits, here's a very informative and timely paper from Chilton, Joy, and Rozema. papers.ssrn.com/sol3/papers....
It provides grounds for real skepticism, and so far I have not seen good counter-evidence from the ABA.
It provides grounds for real skepticism, and so far I have not seen good counter-evidence from the ABA.
Reposted by Nicholas Bagley
A quick 🧵 on this ruling, which as Steve notes, effectively requires grant recipients challenging grant freezes/cancellations in two fora - Federal Claims to recoup wrongfully withheld grants, and District Court to challenge the policy/basis on which the admin is illegally withholding grants ...
TL;DR: 5 justices say Trump doesn't have to immediately restore the funding, but 5 *also* signal that the underlying directives are unlawful.
That sends a fairly strong (if mixed) message that Trump will lose these cases *eventually,* but only once they're brought in the Court of Federal Claims.
That sends a fairly strong (if mixed) message that Trump will lose these cases *eventually,* but only once they're brought in the Court of Federal Claims.
Splitting 5-4 (with Chief Justice Roberts joining the three Democratic appointees in dissent), #SCOTUS grants *partial* stay to Trump administration in NIH funding case; holds that challenges to grant terminations (but *not* the underlying guidance) need to be filed in the Court of Federal Claims:
August 21, 2025 at 9:05 PM
A quick 🧵 on this ruling, which as Steve notes, effectively requires grant recipients challenging grant freezes/cancellations in two fora - Federal Claims to recoup wrongfully withheld grants, and District Court to challenge the policy/basis on which the admin is illegally withholding grants ...
Reposted by Nicholas Bagley
A really informative piece.
My new article in @theconversation.com today explains what's going on at the vaccine court under RFK, Jr.'s HHS leadership.
Yes, it's alarming, but it's also complicated.
Yes, it's alarming, but it's also complicated.
RFK Jr.’s plans to overhaul ‘vaccine court’ system would face legal and scientific challenges
The 40-year-old ‘vaccine court’ relies on scientific evidence to determine whether a person experienced harm from a routine vaccination.
theconversation.com
August 15, 2025 at 2:56 PM
A really informative piece.
Reposted by Nicholas Bagley
I don't even know what to say anymore. People are going to get sick, suffer, and die because of this decision and so many others -- all because we handed the keys of the health department over to anti-vax zealots.
"The U.S. Department of Health and Human Services (HHS) today announced the beginning of a coordinated wind-down of its mRNA vaccine development activities...."
cc: Sen. Bill Cassidy
cc: Sen. Bill Cassidy
August 5, 2025 at 10:13 PM
I don't even know what to say anymore. People are going to get sick, suffer, and die because of this decision and so many others -- all because we handed the keys of the health department over to anti-vax zealots.
Reposted by Nicholas Bagley
This is so great for Ann Arbor.
At twenty-three years old, I was elected to the Ann Arbor District Library Board with big goals. Just three years later, we secured a new downtown library! Proposals A and B passed — WE DID IT! #A2Council 🧵
August 6, 2025 at 11:28 AM
This is so great for Ann Arbor.
Reposted by Nicholas Bagley
Ann Arbor friends -- if you haven't yet voted, remember to cast your ballots today and vote YES on Proposals A and B.
I just voted YES on Proposals A and B! Ann Arbor, I want to live in a community that prioritizes education, empowerment, and ingenuity. For zero new tax dollars, we can build a bigger, better library space for everyone. Join me in voting YES by 8 PM today! #A2Council
August 5, 2025 at 12:37 PM
Ann Arbor friends -- if you haven't yet voted, remember to cast your ballots today and vote YES on Proposals A and B.
Oh god this, yes a thousand times this. I will respect you vastly more if the piece is 15k words, not 30k, I promise.
An observation: US public law scholarship is way too long. For so many articles, it's like the author has picked a topic and wants to tell us everything they think about the topic, rather than focusing on making an argument, telling an insightful story, etc. Even very prominent pieces do this.
August 5, 2025 at 12:54 AM
Oh god this, yes a thousand times this. I will respect you vastly more if the piece is 15k words, not 30k, I promise.
Reposted by Nicholas Bagley
Part of this is the distortion created by social media. We have lost all sense of prevalence, which we've been misled, often deliberately and spectacularly, into conflating with visibility and virality. This is an existential threat to human problem-solving.
This is not the most damning thing in the review, but I think is the most profound. Those involved in what is essentially cultural criticism are uninterested in the scale and impact of the things they critique. For those who care about governing and institutions, the differences are glaring.
August 4, 2025 at 4:28 PM
Part of this is the distortion created by social media. We have lost all sense of prevalence, which we've been misled, often deliberately and spectacularly, into conflating with visibility and virality. This is an existential threat to human problem-solving.
Reposted by Nicholas Bagley
YES. THIS.
#SCOTUS may not be directly responsible for what's happening right now in Texas.
But the Court's 5-4 2019 ruling in Rucho necessarily cleared the way for legislatures in at least some states to race to the bottom when it comes to maximizing partisan political advantage.
Me, in today's "One First":
But the Court's 5-4 2019 ruling in Rucho necessarily cleared the way for legislatures in at least some states to race to the bottom when it comes to maximizing partisan political advantage.
Me, in today's "One First":
171. Partisan Gerrymandering After Rucho
The Supreme Court isn't responsible for partisan gerrymandering. But current events in Texas underscore how much its 2019 ruling in Rucho has left (some) states free to radically abuse the practice.
www.stevevladeck.com
August 4, 2025 at 12:49 PM
YES. THIS.
The Michigan @aclu.org is looking to hire a senior staff attorney. These jobs don't come around that often, and they've got a great team -- wanted to make sure folk saw it!
www.aclumich.org/en/jobs/staf...
www.aclumich.org/en/jobs/staf...
Staff Attorney / Senior Staff Attorney
For nearly 100 years, the ACLU has been at the forefront of every major civil liberties fight in our country’s history. Whether it’s reducing the prison and jail population, achieving full equality
www.aclumich.org
July 26, 2025 at 9:18 PM
The Michigan @aclu.org is looking to hire a senior staff attorney. These jobs don't come around that often, and they've got a great team -- wanted to make sure folk saw it!
www.aclumich.org/en/jobs/staf...
www.aclumich.org/en/jobs/staf...
The NEJM piece is here (but paywalled): nejm.org/doi/abs/10.1...
Preventive Care at the Supreme Court | NEJM
The Supreme Court recently upheld the power of the U.S. Preventive Services Task Force to issue recommendations that dictate coverage of preventive services — but only because the HHS secretary can...
nejm.org
July 24, 2025 at 1:03 PM
The NEJM piece is here (but paywalled): nejm.org/doi/abs/10.1...
"A case that was about PrEP turned into a case that was about every preventive service except PrEP—only to become, in a roundabout way, a case about PrEP again. And maybe also wearables." My latest in the New Eng J Medicine, via @dividedargument.bsky.social: blog.dividedargument.com/p/less-prep-...
Less PrEP, More Fitbits?
What Braidwood means for the future of preventive care
blog.dividedargument.com
July 24, 2025 at 1:03 PM
"A case that was about PrEP turned into a case that was about every preventive service except PrEP—only to become, in a roundabout way, a case about PrEP again. And maybe also wearables." My latest in the New Eng J Medicine, via @dividedargument.bsky.social: blog.dividedargument.com/p/less-prep-...