John Lewis
@jtlew3.bsky.social
Admin law and anti-Trump litigation. Now: Deputy Legal Director, Governing for Impact. Then: DOJ’s Federal Programs Branch; Democracy Forward. Views my own etc.
Out today in Just Security - Aaron Baum and I on how the Trump administration is using consent decrees to try to enact policy changes outside the regulatory and legislative processes. Courts should refrain from rubber-stamping these improper and collusive agreements.
The executive branch is using consent decrees to dismantle regulations without notice-and-comment.
@jtlew3.bsky.social and Aaron Baum argue that courts must scrutinize these tactics to prevent the judiciary from enabling unlawful deregulation.
👉 www.justsecurity.org/121057/trump...
@jtlew3.bsky.social and Aaron Baum argue that courts must scrutinize these tactics to prevent the judiciary from enabling unlawful deregulation.
👉 www.justsecurity.org/121057/trump...
Trump’s Use of Consent Decrees to Dismantle Policy
The administration has turned consent decrees into a deregulatory weapon, and courts are beginning to confront the limits of that strategy.
www.justsecurity.org
September 23, 2025 at 1:38 PM
Out today in Just Security - Aaron Baum and I on how the Trump administration is using consent decrees to try to enact policy changes outside the regulatory and legislative processes. Courts should refrain from rubber-stamping these improper and collusive agreements.
And just like that -- a court has now held that Alina Habba's appointment was unlawful, relying upon the broader theory alluded to in the Cuccinelli decision (that post-vacancy first assistants are impermissible under the FVRA). Back to the drawing board for DOJ!
August 21, 2025 at 7:58 PM
And just like that -- a court has now held that Alina Habba's appointment was unlawful, relying upon the broader theory alluded to in the Cuccinelli decision (that post-vacancy first assistants are impermissible under the FVRA). Back to the drawing board for DOJ!
An essential piece on the use of Section 705 to obtain universal preliminary relief in the wake of Trump v. CASA.
Reports of the death of universal preliminary relief are greatly exaggerated—at least as to final agency action. From me, today, in @justsecurity.org:
Post the Supreme Court ruling in CASA, litigants seeking to stop Trump administration actions nationwide still have options, says @j-p-a.bsky.social
APA § 705 is a powerful tool to quickly stop unlawful agency action nationwide.
www.justsecurity.org/119256/apa-u...
APA § 705 is a powerful tool to quickly stop unlawful agency action nationwide.
www.justsecurity.org/119256/apa-u...
August 21, 2025 at 1:29 PM
An essential piece on the use of Section 705 to obtain universal preliminary relief in the wake of Trump v. CASA.
It’s so gracious of the administration to provide a final agency action in a circuit that has already ruled against their interpretation of Title IX. The districts shouldn’t back down.
U.S. Department of Education Places Five Northern Virginia School Districts on High-Risk Status and Reimbursement Payment Status for Violating Title IX
The U.S. Department of Education announced it is placing five Northern Virginia School Divisions on high-risk status with the condition that all federal funding flowing to these districts is done by r...
www.ed.gov
August 20, 2025 at 12:55 PM
It’s so gracious of the administration to provide a final agency action in a circuit that has already ruled against their interpretation of Title IX. The districts shouldn’t back down.
This raises a number of important questions and legal concerns relating to Habba's appointment that will almost certainly be raised by criminal defendants and others challenging actions taken by the D.N.J. USAO (indeed, they already are).
Aaron S.J. Zelinsky and David Reiser explain the tumultuous events in the District of New Jersey as the Trump administration has attempted to keep Alina Habba on as U.S. attorney for New Jersey despite legal challenges to her appointment. www.lawfaremedia.org/article/what...
What’s Happening in the New Jersey U.S. Attorney’s Office?
Alina Habba’s problematic appointment reflects the administration’s disregard for Congress’s role in structuring the executive branch.
www.lawfaremedia.org
August 6, 2025 at 7:43 PM
This raises a number of important questions and legal concerns relating to Habba's appointment that will almost certainly be raised by criminal defendants and others challenging actions taken by the D.N.J. USAO (indeed, they already are).
Reposted by John Lewis
The Trump administration has made clear that it is going to use AI to supercharge deregulation. What do the doctrines of administrative law have to say about AI? A new Issue Brief from me and GFI explores that question.
governingforimpact.org/wp-content/u...
governingforimpact.org/wp-content/u...
governingforimpact.org
July 31, 2025 at 8:29 PM
The Trump administration has made clear that it is going to use AI to supercharge deregulation. What do the doctrines of administrative law have to say about AI? A new Issue Brief from me and GFI explores that question.
governingforimpact.org/wp-content/u...
governingforimpact.org/wp-content/u...
And vacates the rule nationwide, without even mentioning CASA’s restrictions on universal injunctions. What’s good for the goose is good for the gander, so expect challengers to Trump administration rules to continue seeking the same relief.
All-Republican CA8 panel (GHWB/Trump/Trump) kills the Biden FTC's Click-to-Cancel rule so that Trump's FTC doesn't have to take the political heat for rescinding something popular.
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
July 8, 2025 at 9:28 PM
And vacates the rule nationwide, without even mentioning CASA’s restrictions on universal injunctions. What’s good for the goose is good for the gander, so expect challengers to Trump administration rules to continue seeking the same relief.
Unforgivable.
JUST IN: It’s official. The Department of Homeland Security confirms it has deported the 8 men to South Sudan. t.co/WogwiK90PU
https://www.politico.com/news/2025/07/04/trump-south-sudan-deportation-00440024
t.co
July 5, 2025 at 5:13 PM
Unforgivable.
Republican-led states may also come to regret CASA, to the extent it makes it less likely that Democrat-led states will obtain nationwide injunctions that they can free-ride off of. See this great STAT piece: www.statnews.com/2025/07/03/n...
Terminated NIH grants are being reinstated almost entirely in blue states
Researchers in Democratic congressional districts stand to have $2.1 billion in NIH grants reinstated, compared to $62 million in Republican districts.
www.statnews.com
July 3, 2025 at 2:31 PM
Republican-led states may also come to regret CASA, to the extent it makes it less likely that Democrat-led states will obtain nationwide injunctions that they can free-ride off of. See this great STAT piece: www.statnews.com/2025/07/03/n...
Too late to include in our piece, but add this decision by Judge Bates to the list of post-CASA vacatur.
BREAKING: Judge John Bates, a GWB appointee, just vacated OPM’s Jan 29 guidance on implementing the “Defending Women” EO and HHS’s similar guidance.
This is the guidance that led to mass-deletion of websites earlier this year b/c they allegedly had “gender ideology” content.
This is the guidance that led to mass-deletion of websites earlier this year b/c they allegedly had “gender ideology” content.
July 3, 2025 at 2:19 PM
Too late to include in our piece, but add this decision by Judge Bates to the list of post-CASA vacatur.
Out this morning, my colleague @j-p-a.bsky.social and I explain how plaintiffs can still seek universal relief after CASA, including through the Administrative Procedure Act's remedies and/or by framing broad injunctions as necessary to provide "complete relief" to specific plaintiff types.
What comes next after CASA?
“Universal” relief remains possible, explain John Lewis and Jordan Ascher. The APA and other equitable remedies can still block unlawful executive actions nationwide.
A must-read primer. 👇
www.justsecurity.org/116162/unive...
“Universal” relief remains possible, explain John Lewis and Jordan Ascher. The APA and other equitable remedies can still block unlawful executive actions nationwide.
A must-read primer. 👇
www.justsecurity.org/116162/unive...
“Universal” Relief After Trump v. CASA
CASA’s reasoning left open multiple avenues for litigants seeking to obtain broad relief against unlawful executive actions
www.justsecurity.org
July 3, 2025 at 2:00 PM
Out this morning, my colleague @j-p-a.bsky.social and I explain how plaintiffs can still seek universal relief after CASA, including through the Administrative Procedure Act's remedies and/or by framing broad injunctions as necessary to provide "complete relief" to specific plaintiff types.
ICYMI, I was on this panel earlier this month to discuss President Trump's unlawful memorandum directing agencies to immediately repeal rules that they believe are unlawful - video now available.
Checks and Balances: Deregulation Based on Supreme Court Rulings
Among the points emphasized by the second Trump administration has been a major push for deregulatio...
fedsoc.org
June 26, 2025 at 1:49 PM
ICYMI, I was on this panel earlier this month to discuss President Trump's unlawful memorandum directing agencies to immediately repeal rules that they believe are unlawful - video now available.
Reposted by John Lewis
Efforts to sidestep the APA’s rulemaking process may be unlikely to survive legal scrutiny. A new analysis from Adam Grogg and @jtlew3.bsky.social breaks down why.
www.justsecurity.org/114539/trump...
www.justsecurity.org/114539/trump...
The Legal Defects in the Trump Administration’s Attempts to Deregulate Without Notice and Comment
The Trump administration's efforts to circumvent the APA's notice-and-comment requirements risk setting a damaging precedent.
www.justsecurity.org
June 17, 2025 at 1:04 PM
Efforts to sidestep the APA’s rulemaking process may be unlikely to survive legal scrutiny. A new analysis from Adam Grogg and @jtlew3.bsky.social breaks down why.
www.justsecurity.org/114539/trump...
www.justsecurity.org/114539/trump...
More evidence that CFPB is using non-enforcement to kill off protections for consumers - wrote about this back in April. www.yalejreg.com/nc/enforcing...
June 10, 2025 at 8:47 PM
More evidence that CFPB is using non-enforcement to kill off protections for consumers - wrote about this back in April. www.yalejreg.com/nc/enforcing...
Increasingly seeing efforts by the Trump administration to enter settlements with private parties to rescind rules without going through lawful processes.
Under the Biden administration, the Consumer Financial Protection Bureau finalized a rule barring medical debt from appearing on credit reports. Now, the agency is siding with the credit industry groups suing to have the rule vacated.
The CFPB wanted medical debt to be left off credit reports. That's changed under Trump
Under the Biden administration, the Consumer Financial Protection Bureau finalized a rule barring medical debt from appearing on credit reports. Now, the agency is siding with the credit industry groups suing to have the rule vacated.
n.pr
June 1, 2025 at 1:12 PM
Increasingly seeing efforts by the Trump administration to enter settlements with private parties to rescind rules without going through lawful processes.
💡 JUST RELEASED: Governing for Impact's Administrative Procedure Act Library! The Library aims to provide explanations of key concepts in administrative law and litigation to assist litigators and non-litigators alike in holding the Trump administration accountable.
Administrative Procedure Act Library | Governing for Impact
The press has described the Administrative Procedure Act as the “wonky workhorse of American law,” “mundane but crucial.” It is neither wonky nor ...
governingforimpact.org
May 30, 2025 at 4:11 PM
💡 JUST RELEASED: Governing for Impact's Administrative Procedure Act Library! The Library aims to provide explanations of key concepts in administrative law and litigation to assist litigators and non-litigators alike in holding the Trump administration accountable.
Reposted by John Lewis
The GAO today found that the Trump Administration violated the Impoundment Control Act by suspending approval of state plans and stopping spending money for the electric vehicle infrastructure program created by President Biden's Bipartisan Infrastructure Law. www.gao.gov/products/b-3...
U.S. Department of Transportation, Federal Highway Administration—Application of the Impoundment Control Act to Memorandum Suspending Approval of State Electric Vehicle Infrastructure Deployment Plans
The National Electric Vehicle Infrastructure (NEVI) Formula Program is a formula grant program authorized by the 2021 Infrastructure Investment and...
www.gao.gov
May 22, 2025 at 3:48 PM
The GAO today found that the Trump Administration violated the Impoundment Control Act by suspending approval of state plans and stopping spending money for the electric vehicle infrastructure program created by President Biden's Bipartisan Infrastructure Law. www.gao.gov/products/b-3...
SG's stay application doesn't acknowledge that a big part of the reason DOGE is in this mess is its attempt to act as an agency for some purposes (the Economy Act) but not others (FOIA). We explained here.
May 21, 2025 at 3:44 PM
SG's stay application doesn't acknowledge that a big part of the reason DOGE is in this mess is its attempt to act as an agency for some purposes (the Economy Act) but not others (FOIA). We explained here.
They've now issued virtually identical notices for three separate rules! (Buy Now Pay Later, Nonbank Registry, Payday Lending) Under the APA, agencies can't just nullify notice-and-comment rules, but that's exactly what they're doing, and will keep doing until someone calls them out. See also:
May 7, 2025 at 1:32 PM
They've now issued virtually identical notices for three separate rules! (Buy Now Pay Later, Nonbank Registry, Payday Lending) Under the APA, agencies can't just nullify notice-and-comment rules, but that's exactly what they're doing, and will keep doing until someone calls them out. See also:
Hi 👋. Long time lurker, first time poster. Over the past few months, the team at Governing for Impact has been working to put out resources for those seeking to hold the Trump administration accountable. You can find our work here. 1/
Our Work | Governing for Impact
ISSUE BRIEFS EDUCATION ENVIRONMENT FINANCE HEALTH CARE HOUSING LABOR OTHER PUBLICATIONS ISSUE BRIEFS Rapid Response: Presidential Memorandum on “Direc ...
governingforimpact.org
May 1, 2025 at 5:00 PM
Hi 👋. Long time lurker, first time poster. Over the past few months, the team at Governing for Impact has been working to put out resources for those seeking to hold the Trump administration accountable. You can find our work here. 1/