Dan Walters

Dan Walters

@profdanwalters.bsky.social

Law professor at Texas A&M University School of Law, specializing in administrative law. Views are mine alone. Dog pictured is Oliver Wendell Holmes Walters Jr. (RIP 2025) https://law.tamu.edu/faculty-staff/find-people/faculty-profiles/daniel-e.-walters

7.6K followers1.3K following987 posts

Most predictable thing ever. SCOTUS owns this.

Jeff Stein@jeffstein.bsky.social

Scoop: White House lawyers are weighing preemptive mass pardons for junior staff, sources says Under discussion: Pardoning everyone involved in deportation, war, or trade policy www.washingtonsun.com/whitehouse/w...

Once again, one might legitimately wonder what is going through the conservative 5th Circuit judges' minds that let's them treat their treasured concepts of liberty so cavalierly when it comes to force agencies.

Chris Geidner@chrisgeidner.bsky.social

BREAKING: Fifth Circuit, on a 10-7 vote, says no bond hearing for detained immigrants pending removal proceedings, no matter how long they're detained — reversing panel decision and district courts. www.ca5.uscourts.gov/opinions/pub...

Corruption abounds but the godfather does not know what is happening. Heard that one before.

Aaron Rupar@atrupar.com

JD Vance: "I've not seen a single shred of evidence that Donald Trump participates or sanctions in that corruption ... I've not once seen evidence that Donald Trump has enriched himself"

There's about to be an epic intraparty fight over this new permitting reform and energy infrastructure bill. But the last line strikes me as right: you either strike a deal here or all these data center developers build their own BTM generation that will probably not be climate friendly.

canarymedia.comSenate permitting bill could greatly expand power lines and clean…The U.S. transmission grid isn’t growing fast enough to meet surging electricity demand. Fast-tracking transmission upgrades could change that.

Look at those numbers for neither or both equally. Together, they equal if not exceed either party's numbers--there is absolutely a window of opportunity here for a third party even with the winner take all incentive.

Michael Shepherd@mshepruralpolitics.bsky.social

Super interesting survey by @kff.org that is consistent with the findings of my book Rural Pain, Republican Gain. Rural voters are frustrated with healthcare and economic outcomes. But rural Republicans (the vast majority of rural people) still trust Republicans more than Dems on these issues.

Dan Walters reposted

Glad to see this. Trump’s actions are a flagrant violation of the First Amendment—an outrageous attack on press freedom as well as the public’s right to independent information about government. I assume the news organizations will ask for emergency relief. www.politico.com/news/2026/09...

politico.comNews outlets Trump banned from White House announce lawsuitPOLITICO, CNN and MS NOW to seek restraining order to restore reporters’ access.

“There’s a distinct possibility that, functionally, Loper Bright will be quite similar to Chevron,” said Daniel Walters, an administrative law professor at Texas A&M University. “What will largely determine that is how willingly courts find a delegation of discretion.”

news.bloomberglaw.comCourt Deference to Agencies Endures Via Loper Bright Off-RampCourts are testing the boundaries of a landmark Supreme Court ruling on federal regulatory authority, which left open a path for judges to defer to executive branch agencies in certain circumstances.

I stand by that. But I'd also hasten to add that the fact that the relatively Republican judiciary is so far letting the Trump administration win sometimes is not evidence that they will do so in a future Democratic administration. We'll likely see some pullback, but how much is the question.

One of the great joys in American life--the road trip--has indeed become a sad reminder not only of how much damage climate change is doing, but also of how unequal and unkept the country is becoming. We're like frogs boiling in a pot, but it hits you in the face when you venture out there.

Katherine Bagley@katbagley.bsky.social

I spent most of this summer on sabbatical from @grist.org, driving cross-country and exploring national parks with my family. Turns out when you're a climate journalist, there really is no escaping work. grist.org/culture/grea...

Interestingly, we find that this tendency is most pronounced among textualist respondents, and that the pattern sharply reverses when we them statutes that clearly rule out a delegation of discretion. Our textualist Court might need to update priors about textualism's valence.

Our design allows for comparison with several baselines (e.g., the Court's own evaluations). We find that lay readers are surprisingly willing to label statutes that push beyond these baselines as delegating--that is, they have an expansive understanding of the concept.

A real eye opener for me was reading about how intelligence is an evolved trait rewarding manipulation of other people (in pro-social ways, generally, but still...).

Raffi Melkonian@rmfifthcircuit.bsky.social

FWIW I like being the dumbest person in the room.

Remember when we learned that CJ Roberts made his decision about the Clean Power Plan in about two seconds because of the unthinkable consequences of leaving utilities thinking they might have to eventually comply with a regulation? Yup, same guy.

Adam Klasfeld@klasfeldreports.com

NEWS CJ Roberts STAYS a federal judge's order blocking above-ground construction of the East Wing.

Among many remarkable things about this moving essay, it stands out that so many people in both the first and second Trump administration (including Mike Pence) understood the value of administrative competence and service and were not going to throw that away to score points with the base.

Bec Hamilton@bechamilton.bsky.social

If you read one thing today, make it this stunning essay in @theatlantic.com by @juliacurlee.bsky.social www.theatlantic.com/magazine/202...

While this is not very surprising (students, after all, can think), I think it's a mistake to treat this as an important question that needs to be established. Had the opposite been found, it wouldn't change anything because the point of education is not to be fed "balance," it's to be challenged.

Dan Silverman@dmsilverman.bsky.social

New study shows that — contra widely accepted narratives — there is NO EVIDENCE that professors change their students’ politics and make them more liberal through their teaching

Practical originalism? I'm so ashamed this guy is a fellow Phillies fan.

Lawrence Hurley@lawrencehurley.bsky.social

In this interview with his favorite outlet, Justice Alito confirms what we already knew: that he's not retiring this year. www.wsj.com/opinion/just...

I refuse to live in a world where the only way we retain our humanity is to deliberately make things worse.

Mark Anthony Neal (@NewBlackMan on X)@markanthonyneal.bsky.social

More Typos, Fewer Em Dashes: Writers Are Creating an Anti-AI ‘Literary Counterculture’ Novelists, journalists, and power LinkedIn posters are embracing first-person narratives and idiosyncrasies to avoid being mistaken for chatbots. www.wired.com/story/more-t...

Dan Walters reposted

Replying to @rmfifthcircuit.bsky.social

Also, the person who said it was vandals was the President. So enough with blaming a different agency. You wanted unitary, you got unitary.

Dan Walters reposted

New draft paper on SSRN: "Fact Avoidance," forthcoming in the Harvard Law Review Supreme Court Issue. This Essay identifies a recurring feature where the Court decides presidential power cases entirely on legal grounds without engaging at all with the facts /1 papers.ssrn.com/sol3/papers....

papers.ssrn.comFact Avoidance<p><i><span>The legality of the President’s exercise of statutory power depends on questions of both law and fact. Yet courts often focus exclusively on the for

What actually triggered people was that over half the population followed the recommendations because they were trying to be good people contributing to the welfare of the nation. People don't like feeling like they're selfish, and you can't help but feel that in that situation.

Andy Craig@andycraig.bsky.social

Aside from its many other problems, the idea Fauci was America's power-abusing covid dictator is somewhat complicated by the fact that he never had the power to do the things they're mad about. His recommendations bound nobody and were not particularly rigorously followed by the actual policymakers.

You do you, bro, but I'm just saying I simply couldn't live with myself if I was this full of contradiction.

Josh Gerstein@joshgerstein.bsky.social

JUST IN: Justice Neil Gorsuch tells @RonaldReagan civility conference US democracy is 'very fragile' & 'facing some tough times.' 'We are all in it together, and if we don't stay all in it together, it will crumble,' Gorsuch says, urging students to study history 'warts and all'

This is not (or should not be) surprising to anyone who has been paying attention, but it is nevertheless stunning to have it in court records. It represents, without any exaggeration, a betrayal of the nation (not to mention the millions of Trump voters in many of these ostensibly "blue" states).

tony romm@tonyromm.bsky.social

NEW: In a stunning admission, the Trump administration admitted in court documents that it canceled billions in energy grants to states "based solely" on politics -- and whether that state was represented by Democrats and backed Harris in 2024. www.nytimes.com/2026/07/24/b...

Yes, and 99 percent of coal plants failed when there was no more coal on hand... I am truly at a loss for words to describe how obtuse and/or manipulative this message from the Department of Energy is.

The problem with writing an op-ed about this kind of thing is that two days later you've got so many great new examples--this, the White House intervening on behalf of Taylor Farms, selling access to advance information from POTUS. It's a dark time indeed. thehill.com/opinion/whit...

thehill.comHanding agency oversight to Trump is a fatal blow to public trustPublic trust in government has been declining for decades, and Trump v. Slaughter will surely exacerbate the trend.
The Volatile Mermaid@ohnoshetwitnt.bsky.social

I’m sorry what

This is what happens when you give a corrupt president the power to micromanage agency statements on exigent threats to public safety. Just saying.

Jessica Nix@jessicanix.bsky.social

NEW: As cyclosporiasis cases jumped, the company linked to the outbreak - Taylor Farms - effectively delayed a recall that mounted in consumer confusion. Gift link for @business www.bloomberg.com/news/article...

It's like the political manifestation of Munchausen by Proxy.

Michael Shepherd@mshepruralpolitics.bsky.social

🚨New Book Alert 🚨 Thrilled to announce the publication of my first book: Rural Pain, Republican Gain by @uchicagopress.bsky.social ‼️ Officially released in one month but at the warehouse and ready to ship to you and yours! press.uchicago.edu/ucp/books/bo...

I simply can't wait to hear what kinds of convoluted, and heretofore unheard of, reasons for an exception the Court and its bar dream up.

No wonder they think civilian universities are off the rails; even military academies are too lefty for them. This just goes to show you how little credibility the entire movement has as a genuine complaint about ideological diversity.

This post is unavailable.

Even more alarmingly, 23 percent of people who think Trump is using his office for personal gain strongly or somewhat approve of his job performance--implying, of course, that they view the graft as entirely appropriate, or as irrelevant to job performance. Not sure what you do with that...

Catherine Rampell@crampell.bsky.social

60% of Americans say Trump is using his office for personal gain, and only 27% say he isn't. yougov.com/en-us/articl...

It's really stunning to read JD Vance, a grown man and second in line to lead out country, admitting that he sees the world and our country's political divides in terms of a battle between literal angels and demons.

Stephen Nuñez@socio-steve.bsky.social

After the assassination last year of Charlie Kirk, the conservative activist and the vice president’s close friend, Vance’s “instincts told him that there was a larger plot behind the murder,” Haberman and Swann write. www.nytimes.com/2026/07/07/o...

I really do think that there needs to be a movement--every bit as sustained and well-organized as the movement leading to Slaughter--to invigorate the positive requirements of the Take Care Clause of Article II. It's sitting there in plain sight and it means what it says.

Todd Phillips@tphillips.bsky.social

@nicholasbednar.bsky.social and I raised the Vacancies Act issue in an amicus brief. We were ignored. I think the answer is that firing officials such that the agency cannot function is not taking care that the law is faithfully executed, and should be undone, regardless of Slaughter.