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1. rayine+q6[view] [source] 2025-12-22 16:25:37
>>karako+(OP)
> The new policy is being carried out as the Trump administration has tightened its hold over federal science funding

Such sentences display such a weird understanding of how the federal government works. How can the administration “tighten its hold” over discretionary grants? These aren’t Congressional appropriations earmarked for specific projects. The administration is the only entity that can exercise control over these grants. It would actually be a huge problem if the administration didn’t have a tight hold on these funds. That would mean grants would be going out without close supervision by any elected officials (Congress or the President).

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2. terafl+a9[view] [source] 2025-12-22 16:39:51
>>rayine+q6
"The administration" is not a monolithic entity. For the last ~150 years, even though it's had political appointees at the top, the vast majority of its employees have been selected (at least ostensibly) on the basis of merit, not political loyalty. They're supposed to be somewhat insulated from the changing political winds. The layers of bureaucracy in between were created deliberately, to preserve some degree of decision-making independence.

When people talk about "the Trump administration tightening its hold", they mean Trump and his political appointees exerting direct control over things that have a strong precedent for being out of their direct control.

Using the word "administration" to conflate the presidency with the layers of organization below it is the main premise of the "unitary executive theory", which is an extremely recent development of the current Supreme Court. Previously, when Congress said "such-and-such a decision is supposed to be made by the staff of agency XYZ, not by the President/Secretary personally", the courts assumed they meant it.

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3. mothba+ga[view] [source] 2025-12-22 16:43:56
>>terafl+a9
Yes "~150 years" ago (sounds right to me, not sure on the exact date), there was civil service reform. Prior to that every administration would fire the prior servants and install their own because every political party then and now wanted their own people to be of influence in civil service.

This was replaced with a system where it is very difficult to fire most civil servants but the executive could still select new hires (The Trump administration has tried the firing method via DOGE but with not much luck).

There is a common misconception that this reduces political influence and loyalty. This couldn't be further from the truth. What it did was ensure the civil services grew much further, since the only way the next political party in power could regain dominance was to hire even more civil servants until they overpowered the ones already there.

This meant it is even more important to get loyal ones, since they will be there for a long time and can't be fired. So now we have a large civil service full of loyal people that seemingly often sabotage each other, fighting one loyal group against another loyal group. It might be even worse than before civil service reform.

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4. SpicyL+re[view] [source] 2025-12-22 17:03:48
>>mothba+ga
> So now we have a large civil service full of loyal people that seemingly often sabotage each other, fighting one loyal group against another loyal group.

Can you name even a single time when two groups of civil servants sabotaged each other in this way? If civil servants engage in this kind of sabotage, how has Trump been able to enact things that are both controversial and flagrantly unlawful without being sabotaged?

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5. rayine+Tp[view] [source] 2025-12-22 18:00:55
>>SpicyL+re
There was massive sabotage of the first Trump administration. We're talking about administration lawyers not reporting case developments to political employees in order to keep the political appointees in the dark.
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6. SpicyL+bF[view] [source] 2025-12-22 19:12:56
>>rayine+Tp
Which activities specifically were sabotaged? Trump was, for example, famously able to implement what he called a "Muslim ban" - previous administration hires can't have been happy about that, yet I don't recall any stories about civil servants sabotaging the implementation of it.

My impression is that many of Trump's political appointees simply don't understand due process requirements, and interpret any legal obstacles to executing their will as sabotage by shadowy figures. You mention case developments, but as the administration has repeatedly found out recently, career staff are generally right when they identify something as a weak case the government can't possibly win.

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7. rayine+nw1[view] [source] 2025-12-23 00:22:22
>>SpicyL+bF
> Trump was, for example, famously able to implement what he called a "Muslim ban" - previous administration hires can't have been happy about that, yet I don't recall any stories about civil servants sabotaging the implementation of it.

Trump had to fire Sally Yates who refused to defend it in court: https://www.aljazeera.com/news/2017/1/31/us-attorney-general.... There was no justification for her refusing to enforce the order. The legality of the order would be tested under rational basis review, which is extremely favorable to the government. And the case squarely implicated the President's authority over national security and the border. It wasn't a slam dunk for the government by any means, but it was way beyond the minimum "colorability" standard for the DOJ to make legal arguments to defend the order while complying with their ethical arguments.

> You mention case developments,

I mean not even updating political appointees about court rulings and such, hoping to keep the cases off the radars of the political appointees.

> as the administration has repeatedly found out recently, career staff are generally right when they identify something as a weak case the government can't possibly win.

The new administration has won quite a lot of cases. For example, with the funding cuts, the legal strategy was quite well developed. That's why you heard so much in the media about impoundment. Impoundment is what you start talking about when you have no argument that "the administration cannot make this specific cut." It's the argument that, "well, if the administration makes all these cuts, it's an impoundment problem because the administration needs to spend that money on something within the statutory scope." That's why many universities have settled with the administration. They know that, even if they can win on impoundment or something like that, they can't make the administration reinstate the grants to them specifically.

Similarly on affirmative action, the administration has pursued a strong strategy. The kind of affirmative action that was allowed in universities before SFFA was never permitted in employment. But lots of companies engaged in blatantly illegal conduct in adopting preferences or quotas for specific groups: https://www.cadwalader.com/quorum/index.php?nid=9&eid=35. Companies aren't even fighting the administration on this for the most part on that front.

The new administration certainly has had some losses. Part of that is that they're litigating like liberals--making aggressive arguments to push the boundaries of the law, knowing that it will lose a lot of cases. The other part is that the administration doesn't have "A" players in every position. For example on the tariffs, there were major weaknesses in the trial arguments.

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