How to keep the courts out of administrative decisions

Attorney Domenic Powell worked for the Consumer Financial Protection Bureau until today, when the Trump administration sort of canceled it. Ironically, this CFPB attorney wrote about how to court-proof administrative branch decisions. That was in December, before the onslaught of Trump-DOGE activities that have mostly ended up in court. Powell joined the Federal Drive with Tom Temin to discuss. Interview transcript: Tom Temin: And we should also point out that you are a fellow of the American Bar Association, specializing in regulatory affairs and administrative procedures. First of all, tell us…

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What’s Next for the Woke Bureaucrats in the Administrative State?

President-elect Donald Trump poses a serious threat to the woke bureaucrats and their left-wing allies who have injected their ideology into the administrative state, but these activists won’t be giving up easily. As Trump staffs up for a second term, the bureaucrats have hatched at least three strategies to oppose him: returning to the left-wing nonprofit sphere to act as a government-in-waiting; passing new regulations to cement their ideology into the rules before Trump can reverse them; and burrowing into the bureaucracy to oppose him from within, the same way…

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‘OPM sent a signal’: Still no final regulations on 2017 administrative leave law

After six years, agencies are still missing the final regulations they need to make significant changes to federal administrative leave policy. Congress gave the Office of Personnel Management 270 days to implement new federal leave regulations under the Administrative Leave Act, a provision included in the fiscal 2017 National Defense Authorization Act. But OPM has missed that deadline by far — at least for some of the more complicated changes to the leave policy. Congress passed the Administrative Leave Act to create three categories of administrative leave, or paid leave…

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