Dan Walters
@profdanwalters.bsky.social
Law professor at Texas A&M University School of Law, specializing in administrative law. Views are mine alone. Dog pictured is Oliver Wendell Holmes Walters Jr. (RIP 2025)
https://law.tamu.edu/faculty-staff/find-people/faculty-profiles/daniel-e.-walters
https://law.tamu.edu/faculty-staff/find-people/faculty-profiles/daniel-e.-walters
It's is 100 percent not "beneath him" if you've been paying attention, but maybe there's hope that there's a moral floor somewhere.
December 15, 2025 at 3:47 PM
It's is 100 percent not "beneath him" if you've been paying attention, but maybe there's hope that there's a moral floor somewhere.
Against violent crime except when the victim has "Trump derangement syndrome." Then its just "too bad, shouldn't have disliked me." Got it. When will this nightmare end?
December 15, 2025 at 3:25 PM
Against violent crime except when the victim has "Trump derangement syndrome." Then its just "too bad, shouldn't have disliked me." Got it. When will this nightmare end?
Originalism is and always was a convenient litigating position for the conservative legal movement. That we've come full circle, where the ascendant theory is observationally equivalent to Warren Court style moral reasoning, right at this moment speaks volumes.
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
Originalism's General-Law Turn
Originalists are increasingly turning to a general-law theory of constitutional rights. Under this theory, constitutional enactment declared but did not create
papers.ssrn.com
December 13, 2025 at 3:58 PM
Originalism is and always was a convenient litigating position for the conservative legal movement. That we've come full circle, where the ascendant theory is observationally equivalent to Warren Court style moral reasoning, right at this moment speaks volumes.
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
It's amazing how many of our problems today could be solved if the laws of physics simply did not apply. And that concludes this completely useless thought experiment.
1/ A few thoughts about @williambaude.bsky.social’s comment in yesterday’s NYT chat that, “It’s amazing how many of our problems today could be solved by a Congress that was willing and able to legislate in response to national problems.” www.nytimes.com/2025/12/09/o...
Opinion | At the Supreme Court, Scenes From a Judicial Backlash
www.nytimes.com
December 10, 2025 at 7:05 PM
It's amazing how many of our problems today could be solved if the laws of physics simply did not apply. And that concludes this completely useless thought experiment.
Good recap of the argument in Slaughter. The liquidation point is important to get ahead of--we cannot allow Barrett et al to claim the mantle of stability when they are upending over 100 years of political settlement around agency independence.
Trump v Slaughter argument in bullet points: 1) Humphrey's is toast; 2) Slaughter's lawyer got caught up trying to defend the Ct's recent removal cases; 3) J. Barrett floated a questionable view of liquidation. 4) Conservatives worried about hypothetical future, ignoring Trump's current menace. 👇
What We Learned From the Trump v. Slaughter Oral Argument
Having wasted spent two and a half hours of my day listening to yesterday's oral argument in Trump v. Slaughter , I have less time than I t...
www.dorfonlaw.org
December 9, 2025 at 1:30 PM
Good recap of the argument in Slaughter. The liquidation point is important to get ahead of--we cannot allow Barrett et al to claim the mantle of stability when they are upending over 100 years of political settlement around agency independence.
Reposted by Dan Walters
I was going to just share an excerpt of this great @donmoyn.bsky.social piece, but there are too many excerpts worth sharing. Just read the whole thing. If you care about governance, democracy, and the rule of law, these issues are crucial. open.substack.com/pub/donmoyni...
At will? Whose will?
Removing independent agency heads is part of a broader assault on a nonpartisan government
open.substack.com
December 9, 2025 at 12:43 PM
I was going to just share an excerpt of this great @donmoyn.bsky.social piece, but there are too many excerpts worth sharing. Just read the whole thing. If you care about governance, democracy, and the rule of law, these issues are crucial. open.substack.com/pub/donmoyni...
Reposted by Dan Walters
The only way to fix the mess we are making by overruling Humphrey’s Executor is to make another mess by overruling the intelligible principle test! Then, as the Framers and G-d himself intended, the 6 Republicans on SCOTUS will have all the legislative, executive, and adjudicative power!
December 8, 2025 at 10:04 PM
The only way to fix the mess we are making by overruling Humphrey’s Executor is to make another mess by overruling the intelligible principle test! Then, as the Framers and G-d himself intended, the 6 Republicans on SCOTUS will have all the legislative, executive, and adjudicative power!
Reposted by Dan Walters
Very honored that @lsolum.bsky.social has highlighted my article on Presidential Control of the Civil Service as the download of the week.
legaltheoryblog.com/2025/12/06/d...
legaltheoryblog.com/2025/12/06/d...
Explore Our Recent Posts for Fresh Insights and Updates
Stay updated with our recent posts covering the latest trends, insights, and tips. Discover valuable content that enhances your knowledge!
legaltheoryblog.com
December 8, 2025 at 10:34 PM
Very honored that @lsolum.bsky.social has highlighted my article on Presidential Control of the Civil Service as the download of the week.
legaltheoryblog.com/2025/12/06/d...
legaltheoryblog.com/2025/12/06/d...
I'm now throughly convinced that the only reason these people are electorally competitive is because people enjoy the entertainment value of idiocracy.
December 9, 2025 at 12:41 AM
I'm now throughly convinced that the only reason these people are electorally competitive is because people enjoy the entertainment value of idiocracy.
New Paper 🚨:
In this thread I teased a new paper with @briandfeinstein.bsky.social that brings hard empirical evidence to bear on emerging critiques of public participation's role in administrative decisionmaking.
The paper is now public on @ssrn.bsky.social: papers.ssrn.com/sol3/papers....
In this thread I teased a new paper with @briandfeinstein.bsky.social that brings hard empirical evidence to bear on emerging critiques of public participation's role in administrative decisionmaking.
The paper is now public on @ssrn.bsky.social: papers.ssrn.com/sol3/papers....
December 6, 2025 at 7:51 PM
New Paper 🚨:
In this thread I teased a new paper with @briandfeinstein.bsky.social that brings hard empirical evidence to bear on emerging critiques of public participation's role in administrative decisionmaking.
The paper is now public on @ssrn.bsky.social: papers.ssrn.com/sol3/papers....
In this thread I teased a new paper with @briandfeinstein.bsky.social that brings hard empirical evidence to bear on emerging critiques of public participation's role in administrative decisionmaking.
The paper is now public on @ssrn.bsky.social: papers.ssrn.com/sol3/papers....
Our political and legal culture has failed spectacularly when the best defense of the Supreme Court is that it has a “plan” that amounts to risking the whole farm in order to *maybe* move Congress to write statutes slightly more specifically.
www.nytimes.com/2025/12/05/o...
www.nytimes.com/2025/12/05/o...
Opinion | Actually, the Supreme Court Has a Plan
www.nytimes.com
December 5, 2025 at 10:17 PM
Our political and legal culture has failed spectacularly when the best defense of the Supreme Court is that it has a “plan” that amounts to risking the whole farm in order to *maybe* move Congress to write statutes slightly more specifically.
www.nytimes.com/2025/12/05/o...
www.nytimes.com/2025/12/05/o...
What we need is a theory/strategy of democratic accountability that can be operationalized to meet actual public expectations of BOTH outcomes and process. This thread is exactly right that throwing out process is a nonstarter, but so too is throwing out outcomes. We need new ideas and evidence.
There is such a thirst in some progressive centrist circles that they will look at the Trump administration as a model to get things done. I think its worth addressing the argument. This is from Mark Dunkelman, author of the widely praised "Why Nothing Works."
www.nytimes.com/2025/12/03/o...
www.nytimes.com/2025/12/03/o...
Opinion | What the Left Could Learn From Trump’s Brutal Efficiency
www.nytimes.com
December 3, 2025 at 3:22 PM
What we need is a theory/strategy of democratic accountability that can be operationalized to meet actual public expectations of BOTH outcomes and process. This thread is exactly right that throwing out process is a nonstarter, but so too is throwing out outcomes. We need new ideas and evidence.
Read this 🔥🔥🔥 post from @madisoncondon.bsky.social right now.
Today, @madisoncondon.bsky.social makes the case that we should stop thinking of climate change as an externality.
The latest in our series on @alybatt.bsky.social's *Free Gifts: Capitalism and the Politics of Nature.*
The latest in our series on @alybatt.bsky.social's *Free Gifts: Capitalism and the Politics of Nature.*
Is Climate Change an Externality?
Environmental harms are often cast as externalities, even by those seeking to emphasize their urgency. Yet the major modern environmental statutes, written before America'
lpeproject.org
December 2, 2025 at 3:49 PM
Read this 🔥🔥🔥 post from @madisoncondon.bsky.social right now.
Reposted by Dan Walters
But we get to vote against him at the next election . . . oh, wait . . . #MythOfElectoralAccountability
It's a funny notion of "accountability"--the watchword of the Supreme Court's empowerment of the President--that permits a President with dwindling public support to insulate a Secretary who committed actual war crimes from any repercussions, and in fact allows him to remain in his post.
December 2, 2025 at 3:04 PM
But we get to vote against him at the next election . . . oh, wait . . . #MythOfElectoralAccountability
It's a funny notion of "accountability"--the watchword of the Supreme Court's empowerment of the President--that permits a President with dwindling public support to insulate a Secretary who committed actual war crimes from any repercussions, and in fact allows him to remain in his post.
December 2, 2025 at 2:34 PM
It's a funny notion of "accountability"--the watchword of the Supreme Court's empowerment of the President--that permits a President with dwindling public support to insulate a Secretary who committed actual war crimes from any repercussions, and in fact allows him to remain in his post.
We need a new word to describe the growing phenomenon of debate as provocation. Because, whatever it is, it's not debate when you aren't actually interested in learning from your interlocutors as much as you are in trying to throw them off with demonstrably backward premises.
Stephen Miller’s Wife @katiemiller : “Can you cite the statute that makes the boat bombings illegal?”
@bakarisellers.bsky.social : “The due process
clause in the constitution.”
@bakarisellers.bsky.social : “The due process
clause in the constitution.”
November 29, 2025 at 2:12 PM
We need a new word to describe the growing phenomenon of debate as provocation. Because, whatever it is, it's not debate when you aren't actually interested in learning from your interlocutors as much as you are in trying to throw them off with demonstrably backward premises.
Come for the CLE, stay for the admin law enlightenment.
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:
November 13, 2025 at 2:37 PM
Come for the CLE, stay for the admin law enlightenment.
Really interesting from @donmoyn.bsky.social: the ball is up in the air in the court of public opinion when it comes to the value of independence in administration. Lots of tactical implications of this for our politics.
open.substack.com/pub/donmoyni...
open.substack.com/pub/donmoyni...
October 22, 2025 at 12:02 PM
Really interesting from @donmoyn.bsky.social: the ball is up in the air in the court of public opinion when it comes to the value of independence in administration. Lots of tactical implications of this for our politics.
open.substack.com/pub/donmoyni...
open.substack.com/pub/donmoyni...
This is very encouraging.
Student government leaders of MIT, UVA, U of AZ, Dartmouth, UPenn, Brown, and Vanderbilt united in their opposition to the "compact" proposed by the Trump administration.
October 15, 2025 at 9:39 PM
This is very encouraging.
Remarkable that just a year out from Loper Bright you have judges who were previously Chevron critics beginning opinions this way.
media.cadc.uscourts.gov/opinions/doc...
media.cadc.uscourts.gov/opinions/doc...
October 15, 2025 at 12:56 PM
Remarkable that just a year out from Loper Bright you have judges who were previously Chevron critics beginning opinions this way.
media.cadc.uscourts.gov/opinions/doc...
media.cadc.uscourts.gov/opinions/doc...
I've just been alerted to a "symposium" that is going on over at the Yale J on Reg Notice & Comment blog that seems designed to lend an air of legitimacy to some very extreme ideas about how admin law doesn't apply to deregulation. Surprised they're running this.
www.yalejreg.com/nc/foreword-...
www.yalejreg.com/nc/foreword-...
October 14, 2025 at 5:47 PM
I've just been alerted to a "symposium" that is going on over at the Yale J on Reg Notice & Comment blog that seems designed to lend an air of legitimacy to some very extreme ideas about how admin law doesn't apply to deregulation. Surprised they're running this.
www.yalejreg.com/nc/foreword-...
www.yalejreg.com/nc/foreword-...
Reposted by Dan Walters
A huge part of the problem is that we only hear from the partisan political appointees. There are many reasons why, but the vast majority of people have no idea what agency staff do and why their work is important. Michael Lewis has done a stellar job of highlighting this work, but it's rare.
We've long seen this kind of contingent partisan evaluation of other institutions, but as far as I know this is some of the first real evidence of it when it comes to administrative agencies. It makes sense: people could perhaps be forgiven for thinking that agencies just are the President.
Which agencies do Americans think are doing a good job?
Recent surveys have shown that how Republicans and Democrats view federal agencies has switched since Donald Trump became president again.
www.govexec.com
October 14, 2025 at 12:50 PM
A huge part of the problem is that we only hear from the partisan political appointees. There are many reasons why, but the vast majority of people have no idea what agency staff do and why their work is important. Michael Lewis has done a stellar job of highlighting this work, but it's rare.
We've long seen this kind of contingent partisan evaluation of other institutions, but as far as I know this is some of the first real evidence of it when it comes to administrative agencies. It makes sense: people could perhaps be forgiven for thinking that agencies just are the President.
Which agencies do Americans think are doing a good job?
Recent surveys have shown that how Republicans and Democrats view federal agencies has switched since Donald Trump became president again.
www.govexec.com
October 14, 2025 at 12:28 PM
We've long seen this kind of contingent partisan evaluation of other institutions, but as far as I know this is some of the first real evidence of it when it comes to administrative agencies. It makes sense: people could perhaps be forgiven for thinking that agencies just are the President.
I'll add that what Nelson is saying here is completely unoriginal. SCOTUS has barreled ahead with the unitary executive theory DESPITE a surfeit of evidence rebutting it, and all Nelson does here is (finally) acknowledge that fact.
please do not get excited about this, signed a law professor who wishes law professors had this much power www.rawstory.com/humphreys-ex...
'Bombshell!' Ex-clerk to Clarence Thomas sends shockwaves with Supreme Court warning
The U.S. Supreme Court seems almost certain to side with President Donald Trump in an upcoming challenge to his authority to fire government officials for any reason, but a leading conservative legal ...
www.rawstory.com
October 13, 2025 at 1:25 PM
I'll add that what Nelson is saying here is completely unoriginal. SCOTUS has barreled ahead with the unitary executive theory DESPITE a surfeit of evidence rebutting it, and all Nelson does here is (finally) acknowledge that fact.
Somehow I missed this piece from Kate Andrias the other day, but she absolutely nails it. "Our Constitution is not dying. It is waiting — waiting for us to claim it."
Opinion | The Constitution Doesn’t Belong to Trump or the Supreme Court
www.nytimes.com
October 13, 2025 at 2:51 AM
Somehow I missed this piece from Kate Andrias the other day, but she absolutely nails it. "Our Constitution is not dying. It is waiting — waiting for us to claim it."