Sean McBride
@seanmmcbride.bsky.social
Past Med Staff Pres @MSKCancerCenter; Chief, Manhattan Service,
@MSK_RadOnc; GU/HN Ca; hubs; dad to 3; 🏳️🌈
@MSK_RadOnc; GU/HN Ca; hubs; dad to 3; 🏳️🌈
Reposted by Sean McBride
v nice piece mapping potential challenges to HHS actions targeting gender affirming case — lots in here for statutory interpretation people to chew on
Alexander L. Chen and I have written a commentary in the Yale Journal on Regulation examining recent regulatory actions by HHS targeting gender-affirming care for minors.
#HealthLaw #MedSky #Policy @jdmortenson.bsky.social
www.yalejreg.com/nc/the-trump...
#HealthLaw #MedSky #Policy @jdmortenson.bsky.social
www.yalejreg.com/nc/the-trump...
The Trump Administration’s Attempts to Ban Gender Affirming Care for Minors Are Illegal, by Sean M. McBride and Alexander Chen - Yale Journal on Regulation
On December 18th, 2025, the U.S. Department of Health and Human Services (HHS) launched a multi-pronged, administrative attack on gender affirming care (GAC) for pediatric patients. The Department’s g...
www.yalejreg.com
April 30, 2026 at 1:55 PM
v nice piece mapping potential challenges to HHS actions targeting gender affirming case — lots in here for statutory interpretation people to chew on
Alexander L. Chen and I have written a commentary in the Yale Journal on Regulation examining recent regulatory actions by HHS targeting gender-affirming care for minors.
#HealthLaw #MedSky #Policy @jdmortenson.bsky.social
www.yalejreg.com/nc/the-trump...
#HealthLaw #MedSky #Policy @jdmortenson.bsky.social
www.yalejreg.com/nc/the-trump...
The Trump Administration’s Attempts to Ban Gender Affirming Care for Minors Are Illegal, by Sean M. McBride and Alexander Chen - Yale Journal on Regulation
On December 18th, 2025, the U.S. Department of Health and Human Services (HHS) launched a multi-pronged, administrative attack on gender affirming care (GAC) for pediatric patients. The Department’s g...
www.yalejreg.com
April 27, 2026 at 8:15 PM
Alexander L. Chen and I have written a commentary in the Yale Journal on Regulation examining recent regulatory actions by HHS targeting gender-affirming care for minors.
#HealthLaw #MedSky #Policy @jdmortenson.bsky.social
www.yalejreg.com/nc/the-trump...
#HealthLaw #MedSky #Policy @jdmortenson.bsky.social
www.yalejreg.com/nc/the-trump...
Exactly!!
1) from a statutory interpretation standpoint, this rule cannot stand. When you look text that confers to HHS the ability to promulgate CoPs, this rule would violate ejusdem generis and the major questions doctrine (which one could view as a canon of construction). Long thread...
1) from a statutory interpretation standpoint, this rule cannot stand. When you look text that confers to HHS the ability to promulgate CoPs, this rule would violate ejusdem generis and the major questions doctrine (which one could view as a canon of construction). Long thread...
And, to be clear, what they are proposing is unconstitutional and illegal and should be blocked by any just court. (I know, I know, but, the fact remains.)
Honestly and sincerely, though: Fuck these guys.
December 18, 2025 at 7:35 PM
Exactly!!
1) from a statutory interpretation standpoint, this rule cannot stand. When you look text that confers to HHS the ability to promulgate CoPs, this rule would violate ejusdem generis and the major questions doctrine (which one could view as a canon of construction). Long thread...
1) from a statutory interpretation standpoint, this rule cannot stand. When you look text that confers to HHS the ability to promulgate CoPs, this rule would violate ejusdem generis and the major questions doctrine (which one could view as a canon of construction). Long thread...
1/n In Slaughter, the Chief brings up this question. From a purely textual standpoint, I'm not sure why the answer isn't simply DOD, Veterans Affairs, State, and maybe Homeland Security. Article 2, Section 2 lays out a short list of the explicit powers conferred on the President.
December 9, 2025 at 11:40 AM
1/n In Slaughter, the Chief brings up this question. From a purely textual standpoint, I'm not sure why the answer isn't simply DOD, Veterans Affairs, State, and maybe Homeland Security. Article 2, Section 2 lays out a short list of the explicit powers conferred on the President.
Proud to March with @mcbride.house.gov in the Hockessin 4th of July Parade.
Was a family affair.
Was a family affair.
July 5, 2025 at 5:44 PM
Proud to March with @mcbride.house.gov in the Hockessin 4th of July Parade.
Was a family affair.
Was a family affair.
Reposted by Sean McBride
This enables the court to avoid embracing the gov’s arg that universal injunctions can never be issued. And there’s a “how convenient” to this.
You know that right-wing judge who keeps issuing nationwide injunctions re: abortion? Well, he’s interpreting a different statute, the APA. Doesn’t apply.
You know that right-wing judge who keeps issuing nationwide injunctions re: abortion? Well, he’s interpreting a different statute, the APA. Doesn’t apply.
June 28, 2025 at 8:48 PM
This enables the court to avoid embracing the gov’s arg that universal injunctions can never be issued. And there’s a “how convenient” to this.
You know that right-wing judge who keeps issuing nationwide injunctions re: abortion? Well, he’s interpreting a different statute, the APA. Doesn’t apply.
You know that right-wing judge who keeps issuing nationwide injunctions re: abortion? Well, he’s interpreting a different statute, the APA. Doesn’t apply.
I’m going to owe my kids
“curse word” money when they read this article. Proud, as always, of Aunt SaSa :)
@mcbride.house.gov
t.co/SILhbs74fp
“curse word” money when they read this article. Proud, as always, of Aunt SaSa :)
@mcbride.house.gov
t.co/SILhbs74fp
May 6, 2025 at 10:29 PM
I’m going to owe my kids
“curse word” money when they read this article. Proud, as always, of Aunt SaSa :)
@mcbride.house.gov
t.co/SILhbs74fp
“curse word” money when they read this article. Proud, as always, of Aunt SaSa :)
@mcbride.house.gov
t.co/SILhbs74fp
Reposted by Sean McBride
this piece from @rickhills.bsky.social and @richardprimus.bsky.social is excellent on the big picture background, w concrete case studies from early republic and early 20c repository.law.umich.edu/mlr/vol119/i...
"Suspect Spheres, Not Enumerated Powers: A Guide for Leaving the Lampp" by Richard Primus and Roderick M. Hills Jr.
Despite longstanding orthodoxy, the Constitution’s enumeration of congressional powers does virtually nothing to limit federal lawmaking. That’s not because of some bizarrely persistent judicial failu...
repository.law.umich.edu
March 29, 2025 at 2:20 AM
this piece from @rickhills.bsky.social and @richardprimus.bsky.social is excellent on the big picture background, w concrete case studies from early republic and early 20c repository.law.umich.edu/mlr/vol119/i...
Reposted by Sean McBride
Trump signed an executive order late last night that illegally strips workers of their collective bargaining rights. This will impact over one million Americans.
I’ll support all efforts to stop this egregious assault on labor unions.
I’ll support all efforts to stop this egregious assault on labor unions.
March 28, 2025 at 8:43 PM
Trump signed an executive order late last night that illegally strips workers of their collective bargaining rights. This will impact over one million Americans.
I’ll support all efforts to stop this egregious assault on labor unions.
I’ll support all efforts to stop this egregious assault on labor unions.
1/n Oral arguments in Consumer Research didn't sound favorable for fans of "public" non-delegation. But with a Congress currently enthrall to the executive, we should want checks on Congress' ability to delegate legislative authority, even if it desires the delegation.
March 29, 2025 at 12:41 AM
1/n Oral arguments in Consumer Research didn't sound favorable for fans of "public" non-delegation. But with a Congress currently enthrall to the executive, we should want checks on Congress' ability to delegate legislative authority, even if it desires the delegation.
Reposted by Sean McBride
The firm’s statement is worth reading:
March 28, 2025 at 1:53 PM
The firm’s statement is worth reading:
Well argued. Persuasive. And a clarion call to action for America's universities.
www.theatlantic.com/ideas/archiv...
www.theatlantic.com/ideas/archiv...
The Cost of the Government’s Attack on Columbia
American universities have given the country prosperity and security. The Trump administration’s attack on academic freedom endangers all of that.
www.theatlantic.com
March 23, 2025 at 12:13 AM
Well argued. Persuasive. And a clarion call to action for America's universities.
www.theatlantic.com/ideas/archiv...
www.theatlantic.com/ideas/archiv...
Reposted by Sean McBride
This is the correct response.
March 22, 2025 at 7:21 PM
This is the correct response.
Reposted by Sean McBride
INCOMING: My first weekly newsletter, the McBride Memo, hit inboxes this morning!
Each week, I'll share 5 quick things I'm working on to deliver for Delawareans — the perfect read to go with your morning cup of coffee.
Sign up at mcbride.house.gov!
Each week, I'll share 5 quick things I'm working on to deliver for Delawareans — the perfect read to go with your morning cup of coffee.
Sign up at mcbride.house.gov!
March 21, 2025 at 5:58 PM
INCOMING: My first weekly newsletter, the McBride Memo, hit inboxes this morning!
Each week, I'll share 5 quick things I'm working on to deliver for Delawareans — the perfect read to go with your morning cup of coffee.
Sign up at mcbride.house.gov!
Each week, I'll share 5 quick things I'm working on to deliver for Delawareans — the perfect read to go with your morning cup of coffee.
Sign up at mcbride.house.gov!
@ilyasomin.bsky.social calls it correctly. The US govt has paid El Salvador to imprison individuals who are merely alleged to have a committed crimes in the US. A flagrant violation of the 5th amendment.
reason.com/volokh/2025/...
reason.com/volokh/2025/...
March 20, 2025 at 1:28 PM
@ilyasomin.bsky.social calls it correctly. The US govt has paid El Salvador to imprison individuals who are merely alleged to have a committed crimes in the US. A flagrant violation of the 5th amendment.
reason.com/volokh/2025/...
reason.com/volokh/2025/...
Does arranging and paying for the imprisonment in El Salvador of persons formerly on US soil who are merely accused (but not convicted) of criminal activity within the United States encroach on these individuals' 5th and 6th amendment rights? @stevevladeck.bsky.social #legalsky
March 16, 2025 at 4:00 PM
Does arranging and paying for the imprisonment in El Salvador of persons formerly on US soil who are merely accused (but not convicted) of criminal activity within the United States encroach on these individuals' 5th and 6th amendment rights? @stevevladeck.bsky.social #legalsky
Josh makes short work of the “unitary” executive theory. As a convinced congressional maximalist, was a great listen. Would also encourage folks to check out @jedshug.bsky.social’s “Vesting” and @jdmortenson.bsky.social’s “The Executive Power Clause”. Case closed. @mcbride.house.gov
So, I was on Sarah Isgur's "Advisory Opinions" podcast to explain why independent agencies are good and constitutional, actually. podcasts.apple.com/us/podcast/h...
Humphrey’s Executor
Podcast Episode · Advisory Opinions · 03/13/2025 · 1h 2m
podcasts.apple.com
March 14, 2025 at 11:54 PM
Josh makes short work of the “unitary” executive theory. As a convinced congressional maximalist, was a great listen. Would also encourage folks to check out @jedshug.bsky.social’s “Vesting” and @jdmortenson.bsky.social’s “The Executive Power Clause”. Case closed. @mcbride.house.gov
This was the date set in the end of year (2024) appropriations bill passed by the prior Congress and signed by President Biden. Congress was always going to have to provide for a statutory extension. We knew this in December. I’m confident Congress will act.Our seniors deserve it.
#medsky
#medsky
February 22, 2025 at 2:26 PM
This was the date set in the end of year (2024) appropriations bill passed by the prior Congress and signed by President Biden. Congress was always going to have to provide for a statutory extension. We knew this in December. I’m confident Congress will act.Our seniors deserve it.
#medsky
#medsky
1/n Reasonable people can differ as to what the % threshold should be for indirects. But while our nation remains committed to the rule of law, there are bright line statutory and constitutional bars to unilaterally changing that threshold via Tweet (charitably described as sub-regulatory guidance)
February 9, 2025 at 4:41 PM
1/n Reasonable people can differ as to what the % threshold should be for indirects. But while our nation remains committed to the rule of law, there are bright line statutory and constitutional bars to unilaterally changing that threshold via Tweet (charitably described as sub-regulatory guidance)
Reposted by Sean McBride
In the middle of Monday night after pausing critical federal funding that American families and workers rely on, President Trump fired NLRB General Counsel Jennifer Abruzzo and Board Member Gwynne Wilcox. 🧵
January 29, 2025 at 3:45 PM
In the middle of Monday night after pausing critical federal funding that American families and workers rely on, President Trump fired NLRB General Counsel Jennifer Abruzzo and Board Member Gwynne Wilcox. 🧵
Reposted by Sean McBride
There is simply no plausible argument that the president has the constitutional authority to refuse to spend appropriated funds because he doesn’t like how the money is being spent.
The legality of policy impoundments is just not a close question.
The legality of policy impoundments is just not a close question.
January 28, 2025 at 12:47 PM
There is simply no plausible argument that the president has the constitutional authority to refuse to spend appropriated funds because he doesn’t like how the money is being spent.
The legality of policy impoundments is just not a close question.
The legality of policy impoundments is just not a close question.
Thank god for the federal judiciary. The last bulwark of constitutional accountability.
www.nytimes.com/2025/01/23/u...
www.nytimes.com/2025/01/23/u...
Judge Blocks Trump’s Plan to End Birthright Citizenship
A federal judge in Seattle has issued a temporary order halting the president’s plan.
www.nytimes.com
January 23, 2025 at 8:10 PM
Thank god for the federal judiciary. The last bulwark of constitutional accountability.
www.nytimes.com/2025/01/23/u...
www.nytimes.com/2025/01/23/u...
Reposted by Sean McBride
Today I met with Colombian Ambassador Daniel García-Peña Jaramillo as part of my new role on the House Committee on Foreign Affairs. We discussed the root causes of immigration and the trafficking of drugs from South America.
January 22, 2025 at 7:13 PM
Today I met with Colombian Ambassador Daniel García-Peña Jaramillo as part of my new role on the House Committee on Foreign Affairs. We discussed the root causes of immigration and the trafficking of drugs from South America.
Great thread on public sector unionization (a category of worker who was not covered by the NLRA).
This Day in Labor History: January 17, 1962. President John F. Kennedy signed Executive Order 10988, granting federal employees the right to collective bargaining for the first time. Full text here. This began the last great period of union growth in American history to the present.
January 19, 2025 at 12:15 PM
Great thread on public sector unionization (a category of worker who was not covered by the NLRA).