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
I am excited to host Alice Abrokwa today at the @umnlawschool.bsky.social Public Law Workshop. She will be speaking about her paper, “Anticipating Disability.” I am looking forward to the conversation!
November 10, 2025 at 4:54 PM
I am excited to host Alice Abrokwa today at the @umnlawschool.bsky.social Public Law Workshop. She will be speaking about her paper, “Anticipating Disability.” I am looking forward to the conversation!
By an odd coincidence, I have been rereading this work of art by @joshchafetz.bsky.social tonight. Highly recommend if you have never read it.
November 10, 2025 at 12:24 AM
By an odd coincidence, I have been rereading this work of art by @joshchafetz.bsky.social tonight. Highly recommend if you have never read it.
RIF Update: The proposed appropriations legislation would invalidate RIFs conducted between 10/1/25 and 1/30/26. (Section 120). It does not include any provisions invalidating RIFs pre-10/1/25 or preventing future RIFs conducted after 1/30/26.
www.appropriations.senate.gov/imo/media/do...
www.appropriations.senate.gov/imo/media/do...
www.appropriations.senate.gov
November 10, 2025 at 12:03 AM
RIF Update: The proposed appropriations legislation would invalidate RIFs conducted between 10/1/25 and 1/30/26. (Section 120). It does not include any provisions invalidating RIFs pre-10/1/25 or preventing future RIFs conducted after 1/30/26.
www.appropriations.senate.gov/imo/media/do...
www.appropriations.senate.gov/imo/media/do...
Reposted by Nick Bednar
Back in the 1950s, law schools apparently received inquiries (from potential applicants, I assume?) that sometimes included a lot of questions. Here, Dean Prosser of UC Berkeley imagines a reply.
jle.aals.org/home/vol10/i...
jle.aals.org/home/vol10/i...
November 9, 2025 at 7:49 PM
Back in the 1950s, law schools apparently received inquiries (from potential applicants, I assume?) that sometimes included a lot of questions. Here, Dean Prosser of UC Berkeley imagines a reply.
jle.aals.org/home/vol10/i...
jle.aals.org/home/vol10/i...
Reposted by Nick Bednar
Reposted by Nick Bednar
In @nytimes.com Letters to the Editot:
November 9, 2025 at 1:23 AM
In @nytimes.com Letters to the Editot:
Reposted by Nick Bednar
For #adlaw folks: Due to logistical issues from the federal gov't shutdown, ABA Admin Law has replaced its usual fall conference with a shorter but free online event on 11/21. Registration is required, but it's 6.5 hrs of free, quality CLE on admin law topics.
events.americanbar.org/event/a13a77...
events.americanbar.org/event/a13a77...
2025 Administrative Law Fall Conference
events.americanbar.org
November 8, 2025 at 6:33 PM
For #adlaw folks: Due to logistical issues from the federal gov't shutdown, ABA Admin Law has replaced its usual fall conference with a shorter but free online event on 11/21. Registration is required, but it's 6.5 hrs of free, quality CLE on admin law topics.
events.americanbar.org/event/a13a77...
events.americanbar.org/event/a13a77...
Reposted by Nick Bednar
Tulsi Gabbard is trying to take control over counterintelligence from the FBI. It's not going great. A scoop with @shaneharris.bsky.social
Tulsi Gabbard’s Quest to Bring the ‘Deep State’ Under Her Control
A memo circulating within the federal government lays out her office’s reasoning for wanting to transfer counterintelligence work away from the FBI.
www.theatlantic.com
November 7, 2025 at 5:29 PM
Tulsi Gabbard is trying to take control over counterintelligence from the FBI. It's not going great. A scoop with @shaneharris.bsky.social
This is an important case. IMO it's clear that this question violates the civil service law (and raises a constitutional issue under Rutan).
“Identify one or two relevant executive orders or policy initiatives that are significant to you, and explain how you would help implement them if hired.” 1/2
“Identify one or two relevant executive orders or policy initiatives that are significant to you, and explain how you would help implement them if hired.” 1/2
Federal unions are suing over a new job application loyalty question they say screens out candidates based on politics, raising fresh alarms about partisanship in federal hiring. Sr. Correspondent Erich Wagner has details: buff.ly/fsW47Xi
Unions sue over ‘loyalty question’ for federal jobseekers
Earlier this year, the Office of Personnel Management added a series of essay questions to the federal hiring process, including one that asked jobseekers about their favorite Trump executive order…
www.govexec.com
November 7, 2025 at 3:19 PM
This is an important case. IMO it's clear that this question violates the civil service law (and raises a constitutional issue under Rutan).
“Identify one or two relevant executive orders or policy initiatives that are significant to you, and explain how you would help implement them if hired.” 1/2
“Identify one or two relevant executive orders or policy initiatives that are significant to you, and explain how you would help implement them if hired.” 1/2
Reposted by Nick Bednar
One analytical model shows that, as of November 5th, the dismantling of U.S.A.I.D. has already caused the deaths of 600,000 people, two-thirds of them children. https://newyorkermag.visitlink.me/jUzNSc
The Shutdown of U.S.A.I.D. Has Already Killed Hundreds of Thousands
The short documentary “Rovina’s Choice” tells the story of what goes when aid goes.
newyorkermag.visitlink.me
November 6, 2025 at 9:00 PM
One analytical model shows that, as of November 5th, the dismantling of U.S.A.I.D. has already caused the deaths of 600,000 people, two-thirds of them children. https://newyorkermag.visitlink.me/jUzNSc
Reposted by Nick Bednar
Here's my piece for @lawfaremedia.org on my experience covering the Sandwich Guy trial. Warning: longer than 280 characters!
www.lawfaremedia.org/article/sand...
www.lawfaremedia.org/article/sand...
Sandwich Guy, Thrower of Hoagie–Or Hero?
The trial ended in an acquittal. But the proceedings felt like a strange sort of performance art—highly amusing and highly menacing at the same time.
www.lawfaremedia.org
November 6, 2025 at 9:54 PM
Here's my piece for @lawfaremedia.org on my experience covering the Sandwich Guy trial. Warning: longer than 280 characters!
www.lawfaremedia.org/article/sand...
www.lawfaremedia.org/article/sand...
Reposted by Nick Bednar
After the NYTimes published the op-ed "Did Women Ruin the Workplace?", I remembered that a NYTimes Guild report in 2021 found "Overall, median pay for women was $10,000 less per year than for men, meaning women earned roughly 92 percent of what men earned." nytimesguild.org/papers/2021-...
November 6, 2025 at 5:09 PM
After the NYTimes published the op-ed "Did Women Ruin the Workplace?", I remembered that a NYTimes Guild report in 2021 found "Overall, median pay for women was $10,000 less per year than for men, meaning women earned roughly 92 percent of what men earned." nytimesguild.org/papers/2021-...
Reposted by Nick Bednar
As we lament cancelled and delayed flights, a reminder of what air traffic controllers have been going through. It's insane that we pay them so little to begin with that they live paycheck to paycheck, and now there's the shutdown. It's not right, and it makes me very worried for air safety too.
OPINION by Jack Criss, air traffic controller:
“After my shift, I don’t go home to rest. I clock into DoorDash, trying to make ends meet for my daughter and me.”
READ MORE:
www.msnbc.com/opinion/msnb...
“After my shift, I don’t go home to rest. I clock into DoorDash, trying to make ends meet for my daughter and me.”
READ MORE:
www.msnbc.com/opinion/msnb...
Opinion | I’m an air traffic controller, working without pay in my third shutdown.
There is zero margin for error in our jobs. Showing up to work every day, not knowing when or if you'll be paid, is deeply unsettling.
www.msnbc.com
November 6, 2025 at 2:06 PM
As we lament cancelled and delayed flights, a reminder of what air traffic controllers have been going through. It's insane that we pay them so little to begin with that they live paycheck to paycheck, and now there's the shutdown. It's not right, and it makes me very worried for air safety too.
Reposted by Nick Bednar
@khickmanjd.bsky.social, associate dean for research & intellectual life, was quoted by E&E News by @politico.com regarding the oral arguments today at the U.S. Supreme Court over whether a legal doctrine should be used against Donald Trump’s sweeping tariff policies.
z.umn.edu/aumv
z.umn.edu/aumv
November 5, 2025 at 5:23 PM
@khickmanjd.bsky.social, associate dean for research & intellectual life, was quoted by E&E News by @politico.com regarding the oral arguments today at the U.S. Supreme Court over whether a legal doctrine should be used against Donald Trump’s sweeping tariff policies.
z.umn.edu/aumv
z.umn.edu/aumv
Reposted by Nick Bednar
FWIW, I can't recall a case in which I was as uncertain of the outcome heading into oral argument as I am of the tariffs/IEEPA case (in which the possible outcomes include the Court upholding the fentanyl tariffs but not the others b/c of Section 122). Let's see if that changes during argument ...
November 5, 2025 at 3:06 PM
FWIW, I can't recall a case in which I was as uncertain of the outcome heading into oral argument as I am of the tariffs/IEEPA case (in which the possible outcomes include the Court upholding the fentanyl tariffs but not the others b/c of Section 122). Let's see if that changes during argument ...
Reposted by Nick Bednar
Cool new study from @pamherd.bsky.social, @giannella.bsky.social, @jbarofsky.bsky.social, @lukef.bsky.social, & @donmoyn.bsky.social finds technical assistance & capacity improvements from USDS significantly improved Medicaid renewal outcomes during unwinding
www.healthaffairs.org/doi/10.1377/...
www.healthaffairs.org/doi/10.1377/...
November 4, 2025 at 1:48 PM
Cool new study from @pamherd.bsky.social, @giannella.bsky.social, @jbarofsky.bsky.social, @lukef.bsky.social, & @donmoyn.bsky.social finds technical assistance & capacity improvements from USDS significantly improved Medicaid renewal outcomes during unwinding
www.healthaffairs.org/doi/10.1377/...
www.healthaffairs.org/doi/10.1377/...
Reposted by Nick Bednar
In which I respond to William Barr's arguments for preempting climate suits.
reason.com/volokh/2025/...
reason.com/volokh/2025/...
William Barr Discovers the Economics of Tort Law (and Misrepresents the Law Governing Interstate Pollution)
Another reply to the former attorney general on climate litigation that may end up in the Supreme Court.
reason.com
November 4, 2025 at 2:10 AM
In which I respond to William Barr's arguments for preempting climate suits.
reason.com/volokh/2025/...
reason.com/volokh/2025/...
See, e.g., Delli Carpini and Keeter (1997); Lupia (2015).
This is my point again that the electorate has no idea of what's actually going on. Not in some ideological way, so you can argue whether it's good or not, just in a fact way.
Recently my brother in law explained what gerrymandering was to a coworker and they didn’t believe him because if that were really happening there would be riots in the street
November 2, 2025 at 4:44 PM
See, e.g., Delli Carpini and Keeter (1997); Lupia (2015).
Reposted by Nick Bednar
ANES Data Release! electionstudies.org/data-center/...
The 3-wave ANES panel is now available. It merges data from 3 election studies (2016-2020-2024), the first time the ANES has collected interviews of the same respondents across 3 presidential elections.
The 3-wave ANES panel is now available. It merges data from 3 election studies (2016-2020-2024), the first time the ANES has collected interviews of the same respondents across 3 presidential elections.
2016-2020-2024-panel-merged-study - ANES | American National Election Studies
electionstudies.org
November 1, 2025 at 8:47 PM
ANES Data Release! electionstudies.org/data-center/...
The 3-wave ANES panel is now available. It merges data from 3 election studies (2016-2020-2024), the first time the ANES has collected interviews of the same respondents across 3 presidential elections.
The 3-wave ANES panel is now available. It merges data from 3 election studies (2016-2020-2024), the first time the ANES has collected interviews of the same respondents across 3 presidential elections.
Reposted by Nick Bednar
BREAKING: Furloughed employees at CDC just received an email about the shutdown, but has REMOVED language about backpay that appeared in a similar email sent out a month ago. On the left is the Oct 1st email with the backpay language, on the right is the email they received today.
October 30, 2025 at 7:17 PM
BREAKING: Furloughed employees at CDC just received an email about the shutdown, but has REMOVED language about backpay that appeared in a similar email sent out a month ago. On the left is the Oct 1st email with the backpay language, on the right is the email they received today.
Judge Talwani has declined to issue a temporary restraining order preventing RIFs at the Community Relations Service---an agency in the DOJ that helps communities struggling with racial discrimination. 1/7
fingfx.thomsonreuters.com/gfx/legaldoc...
fingfx.thomsonreuters.com/gfx/legaldoc...
fingfx.thomsonreuters.com
October 30, 2025 at 7:33 PM
Judge Talwani has declined to issue a temporary restraining order preventing RIFs at the Community Relations Service---an agency in the DOJ that helps communities struggling with racial discrimination. 1/7
fingfx.thomsonreuters.com/gfx/legaldoc...
fingfx.thomsonreuters.com/gfx/legaldoc...
Just saw that this piece by Lawrence, Pasachoff, and Price is out. Really good reflection on the President and appropriations.
www.law.georgetown.edu/georgetown-l...
www.law.georgetown.edu/georgetown-l...
Appropriations Presidentialism
www.law.georgetown.edu
October 30, 2025 at 4:26 PM
Just saw that this piece by Lawrence, Pasachoff, and Price is out. Really good reflection on the President and appropriations.
www.law.georgetown.edu/georgetown-l...
www.law.georgetown.edu/georgetown-l...
Reposted by Nick Bednar
My tomatoes are pretty steamed at my PhD program, which allowed me to get a degree in political theory without reading Sartori's essay, "Concept Misformation in Comparative Politics." It's the original source of the notion of conceptual stretching, which has unbelievable utility for doing theory
www.jstor.org
October 30, 2025 at 3:45 PM
My tomatoes are pretty steamed at my PhD program, which allowed me to get a degree in political theory without reading Sartori's essay, "Concept Misformation in Comparative Politics." It's the original source of the notion of conceptual stretching, which has unbelievable utility for doing theory