Bank Building. (Author Photo)
The law, continued: "without observance of procedure required by law[.]"
This is Paragraph (D) of 5 USCA § 706(2) in Scope of review. Like Paragraph (C) of the same Scope, it is featured in almost every claim, every lawsuit, levelled against the conduct of the people who currently control the federal government, or think they do.
That is because almost every claim and every lawsuit involves action taken by agencies of the current federal government which was taken without observing notice-and-comment requirements for Rules changes, or providing 30 days notice to Congress with substantive reasons for terminating the jobs of certain officials, and so on.
The actions taken by the "Office of Personnel Management (OPM)," which still is called by the same name even though apparently it is not the same place at all, are a good example. Those actions feature trying to downgrade federal employees' civil servant status to at-will employees, meaning that these workers could now be fired at will if OPM was successful in this quest.
OPM's actions have triggered claims surrounding OPM's failure to follow notice-and-comment procedures under the Administrative Procedure Act because OPM's actions have changed existing regulations providing civil service protections. OPM's actions also have been charged with other infirmities including ignoring protections written by Congress into the Civil Service Reform Act, but our focus here is exclusively on the example of what OPM did "without observance of procedure required by law," not on whether OPM ignored the law or tried to rewrite the law that, in this case, was written by Congress.
Next I wish to focus on the judges, their decisions, and the people in the current federal government. Some have asked the question of what will happen if the current federal government ignores any one or all of these decisions.
Possible answers to these and related questions appear in my article on Substack. You can access my newsletter there for free.
Thank you.
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