Necessary & Proper Episode 95: DOGE and the Future of the Federal Workforce
On January 20th, 2025, President Trump established the Department of Government Efficiency (DOGE) by executive order. DOGE and its head, Elon Musk, hope to reduce the size and inefficiencies of the administrative state and return the federal bureaucracy to being accountable to the President and, ultimately, the people. While the scope and extent of this mission are still to be determined, one of DOGE’s early endeavors is to dramatically reduce the number of civil service employees determined to be unnecessary or wasteful. While many are vocal in their support of these actions, they are not without pushback, including several legal challenges.
What is DOGE, and are its structure and actions legal? Where does the power to remove civil servants rest? Are there limits to that power? What impacts will their removals have on the Executive Branch?
Featuring:
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Founder and Principal, Rose Communication & Coaching LLC
Kristine Simmons has a passion for public service and has dedicated her professional life to making government more effective for the people it serves.
Kristine is the founder of Rose Communication and Coaching LLC, a consulting firm that helps clients communicate with and about government.
Prior to founding her consulting firm, Kristine was the Vice President for Government Affairs at the Partnership for Public Service, a nonpartisan, nonprofit organization dedicated to building a better government and a stronger democracy. During her tenure at the Partnership, Kristine developed and executed strategies that resulted in over 50 pieces of government reform legislation becoming law. She helped launch the Partnership’s Center for Presidential Transition, which provides resources, data and hands-on support to promote a smooth transfer of power between presidential administrations. Kristine has testified before Congress as an expert witness on government effectiveness.
From 2001 to 2002, Kristine served as a Special Assistant for Domestic Policy to President George W. Bush. In this role, she advised the President on issues pertaining to the civil service, government operations, federalism, arts and humanities, the postal service and the District of Columbia, and participated in our government’s response to the 9/11 and anthrax attacks.
Prior to her time with the Bush administration, Kristine served as the staff director for the U.S. Senate Subcommittee on Oversight of Government Management, Restructuring and the District of Columbia. In that capacity, she served as the primary advisor to chairman Sen. George Voinovich (R-OH) on government operations, intergovernmental relations, and the management of human capital.
Kristine began her career as a professional staff member for the U.S. House of Representatives Committee on Government Reform and Oversight, where she managed issues related to federalism, government reform and inspectors general. She also served as a professional staff member for the U.S. Senate Committee on Governmental Affairs under committee chairman Sen. Fred Thompson (R-TN).
Kristine earned a Bachelor’s degree in Professional and Technical Communication from the Rochester Institute of Technology in Rochester, NY.
Carmack Waterhouse Professor of Law and Economics, Georgetown University Law Center
David A. Super’s research focuses on Administrative Law, Constitutional Law, Legislation (including the federal budget), Local Government Law, and Public Welfare Law. He teaches these subjects as well as Civil Procedure, Contracts, Evidence, Property, and Torts. In addition to Georgetown, he has also taught law at Columbia, Harvard, Howard, Maryland, Penn, Washington & Lee, and Yale. Prior to entering the legal academy, he served for several years as the general counsel for the Center on Budget and Policy Priorities and worked for the National Health Law Program and Community Legal Services in Philadelphia. He also was a recipient of the Frank F. Flegal Excellence in Teaching Award in 2018.
Senior Managing Associate, Sidley Austin LLP
Manuel Valle represents clients in a broad range of appeals, regulatory disputes, complex commercial litigation, and government enforcement actions. Manuel has experience representing clients at each level of the federal judiciary, as well as before federal administrative agencies and in state courts.
Before joining Sidley, Manuel served as a law clerk for Associate Justice Clarence Thomas of the United States Supreme Court during October Term 2021. Manuel also served as a law clerk for The Honorable Judge Joan L. Larsen of the United States Court of Appeals for the Sixth Circuit and The Honorable Judge Edith H. Jones of the United States Court of Appeals for the Fifth Circuit.
Manuel earned his law degree with high honors from the University of Chicago Law School, where he was a Rubenstein Scholar and served as the book review and symposium editor for the University of Chicago Law Review. He received his B.A. in Latin and English from Hillsdale College, where he graduated summa cum laude.
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
U.S. Court of Federal Claims and Jurist-In-Residence Professor of Law, The University of Akron School of Law
Judge Ryan T. Holte was sworn in as a judge on the United States Court of Federal Claims in July 2019. Prior to confirmation he served as the David L. Brennan Professor of Law and Director of the Center for Intellectual Property Law and Technology at The University of Akron School of Law (2017-2019) and an assistant professor of law at Southern Illinois University School of Law (2013-2017). Judge Holte has written and presented widely on patent law subjects and empirical legal studies of Federal Circuit and district court patent law cases. His most recent articles were published in the Iowa Law Review (2019), George Mason Law Review (2018), and Washington Law Review (2017).
In practice, Judge Holte served for six years as general counsel and partner of an electrical engineering technology company and is co-inventor of multiple patents related to Systems and Methods for Countering Satellite-Navigated Munitions. Prior to entering academia, Judge Holte practiced as a litigation attorney at the Federal Trade Commission and an associate in the Intellectual Property Practice Group at Jones Day. Prior to practice, he served as a law clerk to Judge Stanley F. Birch, Jr. on the United States Court of Appeals for the Eleventh Circuit and as a law clerk to Judge Loren A. Smith on the United States Court of Federal Claims.
Judge Holte received his JD from the University of California Davis School of Law and his BS, magna cum laude, in engineering from the California Maritime Academy where he was a First Class graduate of the Corps of Cadets Third Engineering Division and sailed as a U.S. Merchant Marine oiler.