Sean McBride
@seanmmcbride.bsky.social
Med Staff Pres @MSKCancerCenter; Chief, Manhattan Service,
@MSK_RadOnc; GU/HN Ca; hubs; dad to 3; 🏳️🌈
@MSK_RadOnc; GU/HN Ca; hubs; dad to 3; 🏳️🌈
Reposted by Sean McBride
This enables the court to avoid embracing the gov’s arg that universal injunctions can never be issued. And there’s a “how convenient” to this.
You know that right-wing judge who keeps issuing nationwide injunctions re: abortion? Well, he’s interpreting a different statute, the APA. Doesn’t apply.
You know that right-wing judge who keeps issuing nationwide injunctions re: abortion? Well, he’s interpreting a different statute, the APA. Doesn’t apply.
June 28, 2025 at 8:48 PM
This enables the court to avoid embracing the gov’s arg that universal injunctions can never be issued. And there’s a “how convenient” to this.
You know that right-wing judge who keeps issuing nationwide injunctions re: abortion? Well, he’s interpreting a different statute, the APA. Doesn’t apply.
You know that right-wing judge who keeps issuing nationwide injunctions re: abortion? Well, he’s interpreting a different statute, the APA. Doesn’t apply.
Reposted by Sean McBride
this piece from @rickhills.bsky.social and @richardprimus.bsky.social is excellent on the big picture background, w concrete case studies from early republic and early 20c repository.law.umich.edu/mlr/vol119/i...
"Suspect Spheres, Not Enumerated Powers: A Guide for Leaving the Lampp" by Richard Primus and Roderick M. Hills Jr.
Despite longstanding orthodoxy, the Constitution’s enumeration of congressional powers does virtually nothing to limit federal lawmaking. That’s not because of some bizarrely persistent judicial failu...
repository.law.umich.edu
March 29, 2025 at 2:20 AM
this piece from @rickhills.bsky.social and @richardprimus.bsky.social is excellent on the big picture background, w concrete case studies from early republic and early 20c repository.law.umich.edu/mlr/vol119/i...
3/n "The Children's Health Defense (RFK Jr's vaccine shop) is hereby solely empowered to regulate the approval of vaccines that are reasonable and necessary for the public health, notwithstanding any provision of the FDCA"
March 29, 2025 at 12:41 AM
3/n "The Children's Health Defense (RFK Jr's vaccine shop) is hereby solely empowered to regulate the approval of vaccines that are reasonable and necessary for the public health, notwithstanding any provision of the FDCA"
2/n A hypothetical for legal sky @jdmortenson.bsky.social @joshchafetz.bsky.social. Is there any element of constitutional text or structure (putting aside original meaning) that would prevent the following statutory delegation to a private entity?...
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March 29, 2025 at 12:41 AM
2/n A hypothetical for legal sky @jdmortenson.bsky.social @joshchafetz.bsky.social. Is there any element of constitutional text or structure (putting aside original meaning) that would prevent the following statutory delegation to a private entity?...
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Reposted by Sean McBride
The firm’s statement is worth reading:
March 28, 2025 at 1:53 PM
The firm’s statement is worth reading:
3/n Moreover, there are compelling arguments that this "diktat by tweet" violates both the APA (5 U.S.C. § 553) and, to the extent that granted monies represent a property interest (they do), the due process clause of the 5th Amendment.
February 9, 2025 at 4:41 PM
3/n Moreover, there are compelling arguments that this "diktat by tweet" violates both the APA (5 U.S.C. § 553) and, to the extent that granted monies represent a property interest (they do), the due process clause of the 5th Amendment.
2/n @stuartbuck.bsky.social lays out a compelling case and identifies the key statute that makes what NIH is attempting to do ultra vires (Title II, Division H, Section 224 of Public Law 118-47). The plaint text of Section 224 forbids this type of adjustment. goodscience.substack.com/p/indirect-c...
Indirect Costs at NIH . . .
I wasn’t planning on spending part of a Saturday writing about cost accounting principles and the like, but NIH-world was hit with a doozy of a policy announcement on Friday night:
goodscience.substack.com
February 9, 2025 at 4:41 PM
2/n @stuartbuck.bsky.social lays out a compelling case and identifies the key statute that makes what NIH is attempting to do ultra vires (Title II, Division H, Section 224 of Public Law 118-47). The plaint text of Section 224 forbids this type of adjustment. goodscience.substack.com/p/indirect-c...
He's asking to replace EPIC with this
February 8, 2025 at 11:08 PM
He's asking to replace EPIC with this