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
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.
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...
Dan Walters reposted
A new piece from me, a provocation really: papers.ssrn.com/sol3/papers....
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.
Dan Walters reposted
Check out my latest @slate.com with @profdanwalters.bsky.social on Suncor v. Boulder. This could be the biggest case of the Supreme Court's next term. slate.com/news-and-pol...
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.
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...
“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.”
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.
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...
Now available on @ssrn.bsky.social: "When Is the Best Reading of a Statute That It Delegates Discretion?" Co-authored with @kevintobia.bsky.social and Marko Petrovic. We use experimental surveys to explore how "ordinary readers" understand Loper Bright delegations. papers.ssrn.com/sol3/papers....
Now available on @ssrn.bsky.social: "When Is the Best Reading of a Statute That It Delegates Discretion?" Co-authored with @kevintobia.bsky.social and Marko Petrovic. We use experimental surveys to explore how "ordinary readers" understand Loper Bright delegations. papers.ssrn.com/sol3/papers....
Dan Walters reposted
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.
NEWS CJ Roberts STAYS a federal judge's order blocking above-ground construction of the East Wing.
New paper 🚨: SCOTUS has made democratic theory a central part of its consolidation of presidential power over agencies, but its democratic vision is chock full of empirical and normative holes, which I unpack in a forthcoming essay in the Duke Law Journal. papers.ssrn.com/sol3/papers....
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.
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.
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
SCOTUS should not have expected any other response from the administration--BSers gonna spot BS, like the Federal Reserve carveout.
I refuse to live in a world where the only way we retain our humanity is to deliberately make things worse.
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...
Perhaps they're dropping the pool indictment on a Friday so that they can sneak this by? www.nytimes.com/2026/07/31/u...
Dan Walters reposted
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....
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.
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.
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).
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...
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...
Slaughter was not just about removal--it was a "conceptual revolution." Taken seriously, it implies one of two futures: an ineffective government hobbled by courts limiting the president's power, or courts holding back and enabling a power grab. What a choice. www.theregreview.org/2026/07/22/b...
This is what happens when you give a corrupt president the power to micromanage agency statements on exigent threats to public safety. Just saying.
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.
🚨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'm in the Hill today with @hdamonfeng.bsky.social on how the Trump v. Slaughter opinion undermines public trust in the information conveyed by agencies, which could be catastrophic for society and economy alike. thehill.com/opinion/whit...
Dan Walters reposted
@nicholasbednar.bsky.social and @tphillips.bsky.social argue that President Trump's removal of the three remaining members of the Election Assistance Commission defeats his duty to faithfully execute the law and exceeds his removal power under the Take Care Clause.
Dan Walters reposted
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...
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.
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.
@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.