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bsky.app/profile/chas... #chsconf2025

That's a wrap! Thanks to in-person speakers Nancy Weiss and Jim O'Donnell (filling in for Ann Okerson) and remote speaker @rosenzweigp.bsky.social #chsconf2025

Q: Best case scenario going forward?

A: 1- SCOTUS exercises some restraint on exec. action (e.g. tariff case); 2- results of elections give congress pause and see resurgence of congressional resistance

^ instead of a pendulum

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Q: Budget for IMLS approve FY25. In process for 26 budget. Where is the money since Sept?

A: IMLS is closed right now, since Oct 1, with the FY. Agencies that are operating may have money from various processes -- e.g. fees, donated funds.

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Q: We're talking about dismantling. What does "mantling" look like?

A: You can't "mantle" as readily as you can dismantle. Only holds as long as the party in power wants to "mantle."

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Q: What constrains "capriciousness"?

A: Have you thought about, analyzed and documented why you did something? Need to have a rational basis, explanation, record of how you're making a decision.

Typically, take more time - taking public comment, responding, explaining.

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The road ahead? We're watching what happens at the courts -- and on the Hill.

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Going through cases:

-State of Rhode Island v. Trump (ongoing)
-ALA v. Sonderling (paused during shutdown)

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To understand lawsuits, need to know a few legal concepts:

-Separation of powers (Congress writes laws; exec implements them)
-Congress has power of the purse
-President is subject to "take care" clause
-Administrative procedure act (can't be arbitrary and capricious)
-Tucker act

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What is the Institute of Museum and Library Services?

IMLS, by legislation, is an "independent" agency. Not a cabinet or department -- reports to the president. A tiny agency with a big mission.

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There have been previous EOs, e.g. Executive Order 14084, "Advancing the Arts, the Humanities, and Museum and Library Services"

But 14238 was different.

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Next speaker, Nancy Weiss, is talking through a case study: Executive Order 14238 and the Institute of Museum and Library Services

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Reactions:

-Congress has seemingly acquiesced (not asserted power of purse; recess for 7 weeks)
-Courts: Mixed bag (lower = more willing to restrict; SCOTUS has not yet substantively restricted)
-Public popularity: ???

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Executive orders under Trump:

1. Policy choices (e.g. rescind gender ID choice on passport)
2. Firings (e.g. FTC/Federal Reserve)
3. Structural restrictions (e.g. USAID & Dept of Ed)

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A close cousin of executive orders = presidential declarations. They allow for invocation of other emergency authorities. E.g. Tariff case pending with SCOTUS

Theme = deference to executive authority.

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More recently, SCOTUS has embraced the theory. Current case in front of SCOTUS -- Trump v. Slaughter -- on FTC independence. #chsconf2025

New Deal "broke" that theory with creation of FTC, Fed Reserve, etc. -- and SCOTUS rejected the theory in the 1930s.

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