Administrative Law

February 03, 2023

Hannah Story Brown

Blog Post

2020 Election/TransitionAdministrative LawClimate and EnvironmentDepartment of JusticeGovernance

Revolving Door Project Reading List: The Justice Department

The Justice Department was deliberately weaponized under Trump to advance and defend his corrupt agenda. How successfully has Biden’s Justice Department, led by Attorney General Merrick Garland, replaced Trump appointees and policies, and charted a new course towards a more just interpretation and application of the law? Below, we’ve compiled a non-comprehensive reading list of some of our work from the past year plus on the Justice Department, and its all-important, uneven progress out of Trump’s long shadow.

January 20, 2023

Hannah Story Brown Ananya Kalahasti Andrea Beaty Eleanor Eagan Nika Hajikhodaverdikhan Sion Bell

Blog Post 2020 Election/TransitionAdministrative LawDepartment of Justice

The Trump Administration Made a Mockery of the Law. Why Hasn't Biden Tossed its Cases?

Donald Trump and his Department of Justice consistently made a mockery of the law throughout his four years in power. And while their laughable reasoning and indefensible positions were struck down at a historic rate, many cases were still waiting for Biden. The new administration tossed out a handful immediately but an alarming number remain, either in some form of pause or advancing forward with the Biden administration adopting Trump’s position.

May 16, 2022

Hannah Story Brown

Press Release 2020 Election/TransitionAdministrative LawDepartment of JusticeEthics in Government

Biden DOJ Is Still Advancing Trump Positions, New Data Shows

Well over a year after President Biden’s inauguration, his administration continues to defend and advance Trump-era legal positions, according to an updated analysis released by the Revolving Door Project today. RDP’s long-running litigation tracker, documenting court cases in which the Biden administration has inherited and chosen to advance Trump-era legal positions, has been brought up-to-date to include new instances where the legal advocacy of Merrick Garland’s Justice Department on environmental, immigration, education, and other issues runs counter to the administration’s commitments.

November 23, 2020

Jeff Hauser

Press Release 2020 Election/TransitionAdministrative LawExecutive Branch

Biden Administration Must Remove Trump Holdovers On Day One

While the vast majority of Trump’s appointees will presumptively step down on January 20 a critical, powerful minority will stay in their seats until they are asked to leave. This includes the Commissioner of the Internal Revenue Service, Inspectors General, United States Attorneys, and a suite of chairpersons at independent agencies. Upon assuming the Oval Office, Biden should ask for their resignations without delay.

November 06, 2020

Blog Post

2020 Election/TransitionAdministrative Law

No, Mitch McConnell is Not the 46th President

A false narrative, undergirded by self interest and misguided assumptions, is dominating early transition coverage. Key voices are already insisting that Joe Biden’s presidency will fail to deliver on any of its promises. According to this view, with Mitch McConnell in the Senate, Biden will not only be impelled to abandon his legislative vision, but also any hope of delivering for the American people via his power over the executive branch. They say that to wrest confirmations from McConnell’s hands, Biden will have no choice but to appoint moderates who will not rock the boat.

November 05, 2020

Eleanor Eagan

Blog Post

2020 Election/TransitionAdministrative Law

Biden Can Still Govern Without the Senate. Here’s How.

Having won more votes than any President in U.S. history, Joe Biden is set to enter the Oval Office with a mandate. However, it looks as though the wave that will have propelled him to the White House may not have been strong enough to break Republican control over the profoundly undemocratic Senate. For at least the next two years, Biden’s legislative agenda will face a formidable breakwater in the form of Senate Majority Leader Mitch McConnell. There is little doubt that McConnell will attempt to extend his stranglehold on action to the executive branch as well, by denying the President many, if not all, Senate confirmations.

July 27, 2018 | American Constitution Society Blog

Jeff Hauser

Blog PostOp-Ed

Administrative LawEthics in Government

Trump-Russia Issue Helps Highlight Exactly What’s At Stake In Kavanaugh Fight

The most important battleground of the Kavanaugh confirmation fight is not a specific issue, but whether people pay attention to the nomination itself. To some, the focus on Trump and Russia is a distraction from the Supreme Court fight.  But, in reality, the focus on Trump and Russia helps highlight exactly what’s at stake in this fight.