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nicholasbednar.bsky.social
Nick Bednar
@nicholasbednar.bsky.social
20K followers 1K following 1.6K posts
Associate Professor of Law; Affiliated Professor of Political Science at U. of Minnesota. AdLaw, Admin. Capacity, and the Federal Workforce. Contributing Editor for Lawfare; Nonresident Fellow at Brookings. Signal: Nbednar.46 Opinions are my own; Not UMN.
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nicholasbednar.bsky.social
Nick Bednar @nicholasbednar.bsky.social · Aug 2
By request, I updated my website with a list of all the essays and podcasts I have done on the civil service. I'll keep it updated as I write and speak.

nbednar.com/civil-servic...
Civil Service
The federal government employs approximately 3 million individuals, making it the largest employer in the United States. Most of these employees enjoy tenure protections under the civil service law…
nbednar.com
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Reposted by Nick Bednar
oversightdemocrats.house.gov
Oversight Dems @oversightdemocrats.house.gov · 17h
TO ALL FEDERAL WORKERS: if you were illegally fired today and have information of wrongdoing or abuse of power by the Trump Administration, our whistleblower tip line is open.

We want to hear from you. All whistleblowers are federally protected.
Report Potential Wrongdoing Under the Trump Administration
Whistleblowers play a vital role in helping Congress conduct our constitutionally mandated oversight responsibilities. If you have knowledge of corporate or government corruption and abuses of power; insights into the crimes of Jeffrey Epstein and his associates; or information regarding potential wrongdoing or waste, fraud, and abuse of taxpayer dollars, your disclosure can make a difference.
oversightdemocrats.house.gov
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nicholasbednar.bsky.social
Nick Bednar @nicholasbednar.bsky.social · 15h
The ever increasing distance between those two questions makes me want to run regressions so I can feel something real.
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nicholasbednar.bsky.social
Nick Bednar @nicholasbednar.bsky.social · 18h
Overall: This is a terrible, unnecessary idea that gives the administration no leverage in bargaining. It has promised to keep doing what it has been doing for nine months: RIFing federal employees. Obviously, the administration doesn't care that this is causing a lot of pain. The public should. 7/7
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nicholasbednar.bsky.social
Nick Bednar @nicholasbednar.bsky.social · 18h
Third, will the administration manage to comply with the RIF procedures during a shutdown. I think it's highly unlikely they do this flawlessly. Even if they do, they are going to need to legally hire back a lot of folks. 6/7
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nicholasbednar.bsky.social
Nick Bednar @nicholasbednar.bsky.social · 18h
Second, is RIF planning an exempted function under the Anti-Deficiency Act. I would argue no. RIFs have never been needed to manage a shutdown. That said, I am not confident that the Supreme Court would agree with my conclusion. 5/7

www.lawfaremedia.org/article/redu...
Reductions in Force During Shutdowns: Easier Said Than Done
Even if a lapse in appropriations justifies RIFs, the administration will struggle to lawfully carry out such RIFs.
www.lawfaremedia.org
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nicholasbednar.bsky.social
Nick Bednar @nicholasbednar.bsky.social · 18h
First, would a shutdown or an anticipated shortfall be a bona fide justification for a RIF under the civil service laws. My pessimistic guess is "yes." The law on this issue is way too deferential. Congress should fix it. 4/7

www.lawfaremedia.org/article/redu...
Reductions in Force During Shutdowns
The Trump administration plans to use the pending shutdown as justification for additional RIFs.
www.lawfaremedia.org
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nicholasbednar.bsky.social
Nick Bednar @nicholasbednar.bsky.social · 18h
A shutdown does not provide any additional authority to initiate a RIF. The question is whether existing authority would be sufficient. Three sub-issues. 3/7
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nicholasbednar.bsky.social
Nick Bednar @nicholasbednar.bsky.social · 18h
The Trump administration has a pretty poor track record defending its RIFs in court but jurisdictional issues have posed a problem for some plaintiffs. Most cases finding for plaintiffs focus on separation of powers concerns. 2/7

www.lawfaremedia.org/article/redu...
Reductions in Force Challenges in the Federal Courts
The Supreme Court’s recent orders clear the way for the Trump administration to continue RIFs.
www.lawfaremedia.org
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nicholasbednar.bsky.social
Nick Bednar @nicholasbednar.bsky.social · 18h
A brief summary of everything I have written on RIFs to date. RIFs are insanely complex and procedurally difficult to implement. Most RIFs are challenged on procedural grounds. 1/7

www.lawfaremedia.org/article/a-pr...
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nicholasbednar.bsky.social
Nick Bednar @nicholasbednar.bsky.social · 18h
I think I invoked the legal principle of "this is stupid" more in this podcast than any other.
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nicholasbednar.bsky.social
Nick Bednar @nicholasbednar.bsky.social · 18h
Sam apologized to @mollyereynolds.bsky.social after we finished recording because it wasn't the knock-out, drag-out fight listeners may have wanted.
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nicholasbednar.bsky.social
Nick Bednar @nicholasbednar.bsky.social · 18h
FWIW, I think Sam and I agree on many more issues than we disagree on. It's really just a question of what a court does in this unprecedented situation. There's certainly no ADDITIONAL authority to use RIFs in a shutdown. Question is more whether existing authority is sufficient.
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nicholasbednar.bsky.social
Nick Bednar @nicholasbednar.bsky.social · 1d
That's certainly plausible. I agree that there isn't a great way to prevent such a violation without DOJ prosecution, and the Administration has already demonstrated it does not care about the Anti-Deficiency Act.
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nicholasbednar.bsky.social
Nick Bednar @nicholasbednar.bsky.social · 1d
Paying federal employees who work during a shutdown is uncontroversial. Nothing prevents Congress from funding the salaries of personnel performing exempt functions. Paying employees prevents catastrophes by ensuring these workers continue to show up.

www.govexec.com/pay-benefits...
Democrats float immediately paying feds working through shutdown as Congress again rejects bill to reopen government
In addition to the military, some senators say air traffic controllers and other civil servants should get their paychecks on time even as shutdown drags on.
www.govexec.com
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nicholasbednar.bsky.social
Nick Bednar @nicholasbednar.bsky.social · 1d
My *educated guess* is it would be litigated in the Court of Federal Claims under the Tucker Act, but I invite correction by someone with more knowledge on these sorts of claims.
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nicholasbednar.bsky.social
Nick Bednar @nicholasbednar.bsky.social · 1d
The inconsistency on back pay is insane. GEFTA clearly requires back pay. But Congress will need to explicitly provide back pay to all furloughed employees because the administration is doing everything in its power not to comply with existing personnel law.

federalnewsnetwork.com/government-s...
IRS backtracks on back pay guarantee for furloughed employees
An IRS employee told Federal News Network that earlier guidance emailed to employees on Wednesday was automatically deleted from their inboxes by Thursday.
federalnewsnetwork.com
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nicholasbednar.bsky.social
Nick Bednar @nicholasbednar.bsky.social · 1d
@lsolum.bsky.social performs an incredible service by highlighting scholarship and writing brief, accessible essays on complex legal topics. Send the links!
lsolum.bsky.social
Lawrence Solum @lsolum.bsky.social · 1d
Please help me get the word out about the new websites for Legal Theory Blog and the Legal Theory Lexicon. Reposting here and on other social media sites is great. It would be especially helpful if law school faculty members could send an email to their colleagues with the new addresses.
Legal Theory Blog
Discover our latest articles and updates. Stay informed with recent posts that cover a variety of topics you care about!
legaltheoryblog.com
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Reposted by Nick Bednar
lsolum.bsky.social
Lawrence Solum @lsolum.bsky.social · 1d
Please help me get the word out about the new websites for Legal Theory Blog and the Legal Theory Lexicon. Reposting here and on other social media sites is great. It would be especially helpful if law school faculty members could send an email to their colleagues with the new addresses.
Legal Theory Blog
Discover our latest articles and updates. Stay informed with recent posts that cover a variety of topics you care about!
legaltheoryblog.com
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nicholasbednar.bsky.social
Nick Bednar @nicholasbednar.bsky.social · 1d
Not an expert in presidential powers in foreign affairs but the principle case they cite for unreviewable deference involved a foreign invasion during the War of 1812 which... feels distinguishable at a minimum.
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nicholasbednar.bsky.social
Nick Bednar @nicholasbednar.bsky.social · 1d
I am very excited that @jillhasday.bsky.social invited me to present. The @umnlawschool.bsky.social students are incredibly thoughtful, insightful, and engaging. I look forward to them kicking the tires of my Article.
jillhasday.bsky.social
Jill Hasday @jillhasday.bsky.social · 1d
I am excited to be hosting @nicholasbednar.bsky.social today at the @umnlawschool.bsky.social Public Law Workshop. He will be speaking about his paper, “Presidential Control of the Civil Service.” I am looking forward to the conversation!
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Nick Bednar @nicholasbednar.bsky.social · 1d
A separate (related) question I have is whether GEFTA grants federal employees a constitutional property interest in back pay. It's written in mandatory language. I need to chew on the idea more but I toss it into the void for discussion.
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Nick Bednar @nicholasbednar.bsky.social · 1d
There's a principle of statutory interpretation that says Congress intends for its laws to have meaningful effect. GEFTA has no effect if it simply means "Congress can pass legislation awarding back pay." Congress has always been able to do that. GEFTA would be irrelevant. 1/2
bleerggg.bsky.social
bleerggg.bsky.social @bleerggg.bsky.social · 2d
@nicholasbednar.bsky.social

What? Secret amendment? I don't remember it reported this way at the time.

www.axios.com/2025/10/09/s...
2019 emails boost White House's view that furloughed workers aren't guaranteed back pay
The OMB's interpretation of the law has roiled Congress, outraged labor unions and added a layer of tension to the federal shutdown that began Oct. 1.
www.axios.com
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nicholasbednar.bsky.social
Nick Bednar @nicholasbednar.bsky.social · 2d
Good.
govexec.bsky.social
GovExec @govexec.bsky.social · 2d
The Trump administration initially said furloughed federal workers weren’t guaranteed back pay. Within a day, it sent notices affirming that the 2019 law requires payment. Here's what happened: buff.ly/PmJyhK1 #FederalEmployees #Backpay #Shutdown
On Tuesday, the Trump admin said furloughed feds were not guaranteed back pay. On Wednesday, it sent notices saying they were
Just one day after taking a different argument, the Trump administration notes federal law guarantees back pay for employees sent home during a shutdown.
www.govexec.com
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nicholasbednar.bsky.social
Nick Bednar @nicholasbednar.bsky.social · 2d
Seemingly.
nicholasbednar.bsky.social
Nick Bednar @nicholasbednar.bsky.social · 2d
I don't have any great insights. He most recently worked for the Board of Veteran Appeals and previously worked for the Air Force as a JAG officer. We know he took deferred resignation before his nomination, which is interesting. His answers to questions are here:

www.congress.gov/119/chrg/CHR...
www.congress.gov
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