Minimum Competence

This Day in Legal History: Atkins v. VirginiaOn June 20, 2002, the U.S. Supreme Court delivered a landmark ruling in Atkins v. Virginia, holding that the execution of individuals with intellectual disabilities violates the Eighth Amendment's prohibition on cruel and unusual punishment. The case centered on Daryl Renard Atkins, who was convicted of abduction, armed robbery, and capital murder in Virginia. During the penalty phase of his trial, defense attorneys presented evidence that Atkins had an IQ of 59 and functioned at the level of a child. Despite this, he was sentenced to death.In a 6-3 decision, the Court reversed its earlier stance from Penry v. Lynaugh (1989), which had allowed such executions. Justice John Paul Stevens, writing for the majority, emphasized the "evolving standards of decency" in American society, noting that a growing number of states had barred the death penalty for individuals with intellectual disabilities. The Court recognized that such defendants are at a heightened risk of wrongful execution due to difficulties in assisting their own defense and the possibility of false confessions.The decision did not establish a national standard for determining intellectual disability, leaving that to the states, but it set a constitutional floor by barring executions in these cases outright. Atkins significantly reshaped the legal landscape of capital punishment, prompting states to revise death penalty statutes and sentencing procedures.The ruling reinforced the importance of individualized sentencing and safeguarded vulnerable populations from the most severe penalties. It also underscored the role of psychological and scientific evidence in constitutional interpretation. While not without criticism, Atkins remains a cornerstone of Eighth Amendment jurisprudence and a key moment in the Court's ongoing reevaluation of capital punishment.Technology giants Apple and Meta are currently facing possible penalties under the EU's Digital Markets Act (DMA), but the European Commission has decided not to immediately fine them—even if they don't fully comply by the deadline next week.In April, both companies were fined—€500 million for Apple and €200 million for Meta—and given 60 days (ending 26 June) to align their practices with DMA requirements. Apple was penalized for preventing app developers from directing users to alternatives outside its platform, infringing DMA fairness rules. Meta was fined for its “pay or consent” system, which required users to either pay for an ad-free experience or agree to extensive personal data use; the Commission saw this as limiting user choice.Since November 2024, Meta has offered a new, lower-data personalized advertising model, which remains under Commission review. The current situation involves ongoing dialogue: any future fines will depend on the outcome of that review and will be imposed only after detailed assessments, rather than automatically once the deadline passed.These April fines were deliberately modest—reflecting the short duration of non-compliance and signaling the EU's priority on achieving compliance over punishment, marking a softer approach compared to previous, harsher antitrust actions. The situation also plays into broader economic tensions: EU leaders have threatened digital advertising taxes in response to recent US tariffs, while a US trade report criticized EU digital regulation as a trade barrier.Tech giants Apple and Meta to escape sanctions for failing to meet EU digital rules | EuronewsA U.S. appeals court has temporarily allowed Donald Trump to retain control over California's National Guard, despite a legal challenge from California Governor Gavin Newsom. The decision from the 9th U.S. Circuit Court of Appeals pauses an earlier ruling by Judge Charles Breyer, who found Trump had unlawfully federalized the Guard without meeting statutory requirements or adequately coordinating with Newsom.The court stated Trump likely acted within his authority and that even if coordination with the governor was insufficient, Newsom lacked the power to override a presidential order. Still, the court left open the possibility of further challenges under laws barring federal troops from engaging in domestic law enforcement. Newsom plans to pursue his challenge, arguing Trump is misusing military force against civilians.The case stems from Trump's deployment of 4,000 National Guard troops and 700 U.S. Marines to Los Angeles earlier in June to suppress protests tied to his immigration policies—actions Newsom said infringed on state sovereignty and legal limits on military involvement in civilian matters. The Trump administration argued troops are protecting federal property, not performing law enforcement.During a hearing, the appellate judges examined whether courts can assess a president's decision to federalize troops under a law allowing such moves only during invasion, rebellion, or when civilian enforcement fails. The court found the last condition may have applied, given protest-related violence. However, it rejected the Justice Department's claim that such presidential decisions are beyond judicial review.The Insurrection Act and related federalization authority are central to this case. The Act allows a president to take control of a state's National Guard in limited situations—such as rebellion or when laws can't be enforced by normal means. This case illustrates both the expansive view of executive power and the judiciary's role in checking it, even amid claims of national emergency.US court lets Trump keep control of California National Guard for nowPresident Trump has once again extended the deadline for TikTok to be sold to a U.S. owner, granting a third 90-day reprieve through an executive order despite lacking a clear legal basis for the extensions. The move allows TikTok to continue operating in the U.S. while negotiations persist to transfer ownership from China-based ByteDance to an American entity. The previous extension fell through when China withdrew from talks following Trump's new tariffs.This delay has not yet faced a court challenge, even though the original ban—passed by Congress and upheld by the Supreme Court—briefly took effect in January. Trump's personal popularity on the platform, where he has more than 15 million followers, adds a political twist to the ongoing negotiations. TikTok praised the decision and emphasized its importance to 170 million users and 7.5 million U.S. businesses.Despite concerns from national security officials and lawmakers like Senator Mark Warner, who accuse the administration of ignoring known risks, the repeated extensions suggest a softening of resolve. Analysts describe the situation as a recurring political maneuver with no clear endpoint—likening it to the endless debates over the debt ceiling.Meanwhile, TikTok continues to roll out new features and expand its services, including AI tools debuted in Cannes, signaling confidence in its long-term U.S. presence. Tech giants Apple, Google, and Oracle remain engaged with TikTok, reassured that the administration won't penalize them under current law.Public opinion has shifted, with fewer Americans now supporting a ban compared to 2023. Concerns remain over data privacy, but many citizens are unsure or opposed to banning the app outright.Trump extends TikTok ban deadline for a third time, without clear legal basisThis week's closing theme is by Johann Sebastian Bach. Johann Sebastian Bach, one of the most influential composers in Western music history, composed the Goldberg Variations, BWV 988, in 1741. Originally written for harpsichord, the work consists of an aria followed by 30 variations, returning to the aria at the end in a da capo structure. It was likely commissioned by Count Hermann Karl von Keyserlingk, a Russian diplomat suffering from insomnia, who wanted music to soothe his sleepless nights—though this origin story is debated.The aria, which opens and closes the piece, is a gentle, sarabande-like melody in G major. Unlike other variation sets built on melodies, Bach bases the Goldberg Variations on the aria's bass line and harmonic structure. This allows for extraordinary variety in texture, form, and mood across the variations, while keeping a consistent foundation.The aria itself is simple and elegant, consisting of two balanced halves, each repeated. Its serene tone contrasts with the technical brilliance and contrapuntal complexity found in many of the following variations. Yet, the aria's emotional restraint and clarity set the tone for the entire cycle.Over the centuries, the Goldberg Variations have come to be seen as a pinnacle of keyboard composition. The aria, both opening and closing the work, serves as a kind of spiritual bookend—calm, contemplative, and timeless. Performers often approach it with reverence, as a moment of stillness and symmetry amid musical adventure.Without further ado, Johann Sebastian Bach's Goldberg Variations, BMV 988 – the aria. Enjoy! This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: JuneteenthOn this day in legal history, June 19, 1865, Union Major General Gordon Granger arrived in Galveston, Texas, and issued General Order No. 3, announcing that all enslaved people in Texas were free. This day, now known as Juneteenth, marked the effective end of slavery in the United States—coming more than two years after President Abraham Lincoln issued the Emancipation Proclamation on January 1, 1863. The delay was due in large part to the limited presence of Union troops in Texas to enforce the proclamation.Granger's announcement informed Texas residents that “all slaves are free,” a declaration that redefined the legal and social landscape of the state and solidified the federal government's authority over the Confederacy's last holdout. While the Emancipation Proclamation had declared freedom for slaves in Confederate states, it did not immediately end slavery everywhere, nor did it provide enforcement mechanisms beyond Union military power. Juneteenth represents the day when emancipation finally reached the furthest corners of the Confederacy through legal and military authority.In the years following, Juneteenth became a symbol of African American freedom and resilience, celebrated with community gatherings, education, and reflection. Texas made Juneteenth a state holiday in 1980, the first state to do so. On June 17, 2021, it became a federal holiday when President Joe Biden signed the Juneteenth National Independence Day Act into law. The legal significance of Juneteenth lies in its embodiment of both the promise and the delay of justice, highlighting the gap between the law's proclamation and its realization.A conservative legal group, Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP), has sued the Michigan Law Review and its affiliated leadership, claiming that its member selection process illegally favors women, racial minorities, and LGBTQ+ applicants. Filed in the U.S. District Court for the Eastern District of Michigan, the complaint alleges that personal statements and holistic review metrics are evaluated using race and sex preferences, violating both federal and state anti-discrimination laws. The group contends that conservative students, especially those associated with the Federalist Society, are excluded from review committees due to their presumed opposition to the practice.FASORP is backed by attorney Jonathan Mitchell and America First Legal, led by former Trump official Stephen Miller. The organization has brought similar legal challenges against NYU and Northwestern, and its suit aligns with broader attacks on diversity policies at elite institutions. It seeks an injunction, damages, and court oversight of a revised selection process for the journal, along with a halt to federal funding until changes are made.The group claims violations of Title VI and Title IX, as well as 42 U.S.C. §§ 1981 and 1985, the First and Fourteenth Amendments, and the Equal Protection Clause. The review's five-part selection process—including essays and grades—has no fixed evaluation formula, which FASORP argues opens the door to discriminatory discretion. Judge Judith E. Levy is assigned to the case.Conservative Group Accuses Michigan Law Review of Selection BiasA federal judge in Texas has struck down a Biden administration rule aimed at protecting the privacy of patients seeking abortions and gender-affirming care. Judge Matthew Kacsmaryk ruled that the U.S. Department of Health and Human Services (HHS) overstepped its authority when it adopted the rule, which barred healthcare providers and insurers from disclosing information about legal abortions to state law enforcement. The decision halts enforcement of the rule nationwide.Kacsmaryk, a Trump appointee, argued that HHS lacked explicit congressional approval to implement heightened protections for procedures viewed as politically sensitive. The rule was introduced in 2024 following the Supreme Court's reversal of Roe v. Wade, as part of the Biden administration's efforts to defend reproductive healthcare access.The lawsuit was brought by Texas physician Carmen Purl, represented by the conservative Alliance Defending Freedom, which claimed the rule misused privacy laws unrelated to abortion or gender identity. Previously, Kacsmaryk had temporarily blocked enforcement of the rule against Purl, but this week's decision broadens that to all states.HHS has not responded publicly to the ruling, and a separate legal challenge to the same rule remains active in another Texas federal court. The case underscores ongoing tensions between federal privacy regulations and state-level abortion restrictions in the post-Roe legal environment.US judge invalidates Biden rule protecting privacy for abortions | ReutersXlear, a hygiene product company, has filed a lawsuit against the Federal Trade Commission (FTC), challenging the agency's authority to require “substantiation” for product claims under its false advertising rules. The suit, filed in federal court in Utah, follows the FTC's recent decision to drop a case it had pursued since 2021, which alleged that Xlear falsely advertised its saline nasal spray as a COVID-19 prevention and treatment product.Xlear argues that the FTC is exceeding its legal mandate by demanding scientific backing for advertising claims, stating that the FTC Act does not explicitly authorize such a requirement. The company's legal team is leaning on the 2024 Supreme Court ruling in Loper Bright Enterprises v. Raimondo, which limited the deference courts must give to federal agencies when interpreting statutes—a significant departure from the longstanding Chevron doctrine.The company seeks a court ruling that merely making claims without substantiation does not violate FTC rules. Xlear has also criticized the agency for engaging in what it calls “vexatious litigation,” claiming it spent over $3 million defending itself before the FTC abandoned its lawsuit without explanation.The FTC has not yet commented or made a court appearance in this new case. The challenge could set important precedent on the scope of agency power over advertising standards in the wake of the Supreme Court's shift on judicial deference.Lawsuit challenges FTC authority over 'unsubstantiated' advertising claims | ReutersA federal judge in Rhode Island signaled skepticism toward the Trump administration's attempt to tie federal transportation funding to state cooperation with immigration enforcement. During a hearing, Chief U.S. District Judge John McConnell questioned whether U.S. Transportation Secretary Sean Duffy had legal authority to impose immigration-related conditions on grants meant for infrastructure projects. McConnell, an Obama appointee, challenged the relevance of immigration enforcement to the Transportation Department's mission, drawing a parallel to whether the department could also withhold funds based on abortion laws.The case involves 20 Democratic-led states opposing the April 24 directive, which conditions billions in infrastructure grants on compliance with federal immigration law, including cooperation with ICE. The states argue the requirement is unconstitutional, vague, and attempts to coerce state governments into enforcing federal immigration policy without clear legislative authorization.Justice Department lawyers defended the policy as aligned with national safety concerns, but struggled under McConnell's probing. He noted that the administration's broad language and public stance on sanctuary jurisdictions could not be ignored and appeared to support the states' argument that the directive lacks clarity and statutory grounding.The judge is expected to issue a ruling by Friday, before the states' grant application deadline. This lawsuit is part of a broader legal and political battle as Trump pushes sanctuary cities and states to aid in mass deportations.US judge skeptical of Trump plan tying states' transportation funds to immigration | Reuters This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: Georgia v. McCollumOn June 18, 1992, the U.S. Supreme Court issued a landmark decision in Georgia v. McCollum, 505 U.S. 42 (1992), holding that criminal defendants cannot use peremptory challenges to exclude jurors on the basis of race. This decision extended the logic of Batson v. Kentucky—which barred prosecutors from racially discriminatory jury strikes—to defense attorneys, ensuring both sides are bound by the Equal Protection Clause. The case involved white defendants in Georgia who sought to remove Black jurors, prompting the state to challenge the defense's strikes as racially biased.The Court, in a 7–2 opinion written by Justice Blackmun, reasoned that racial discrimination in jury selection, regardless of the source, undermines public confidence in the justice system and the constitutional guarantee of a fair trial. It emphasized that the courtroom is not a private forum and that all participants—prosecutors, defense attorneys, and judges—must adhere to constitutional principles.Importantly, the decision addressed the state action requirement, acknowledging that while defense attorneys are not state actors in the traditional sense, their participation in the jury selection process is conducted under judicial supervision and is thus attributable to the state. This broadened the scope of equal protection enforcement in criminal proceedings.The ruling was a major step toward eradicating racial bias in the judicial process, reinforcing that justice must not only be impartial but also be perceived as such. By holding defense attorneys to the same standard as prosecutors, the Court ensured that the integrity of jury selection is preserved across the board. The decision also highlighted the evolving understanding of the judiciary's role in preventing systemic discrimination, even in adversarial settings.Georgia v. McCollum remains a critical precedent in both constitutional law and criminal procedure, illustrating the Court's commitment to fairness in one of the most fundamental aspects of the legal system—trial by jury.U.S. District Judge Julia Kobick expanded a prior injunction, blocking the Trump administration's passport policy that restricted transgender, nonbinary, and intersex individuals from obtaining passports reflecting their gender identity. Kobick found that the State Department's revised policy—mandating passports list only “biological” sex at birth—likely violated the Fifth Amendment by discriminating on the basis of sex and reflecting irrational bias.Initially, the injunction applied only to six plaintiffs, but Kobick's ruling now grants class-action status, halting enforcement of the policy nationwide. The policy stems from an executive order signed by Trump after returning to office in January 2025, directing all federal agencies to recognize only two sexes and abandon the gender marker flexibility introduced under the Biden administration in 2022.The ruling marks a legal setback for the administration's effort to reimpose binary sex classifications across federal documents. The ACLU, representing the plaintiffs, called it a critical win for transgender rights. The White House condemned the ruling as judicial overreach. The broader case remains ongoing.US judge blocks Trump passport policy targeting transgender people | ReutersEducational toy company Learning Resources petitioned the U.S. Supreme Court to take up its challenge to President Donald Trump's tariffs before lower court appeals conclude. The company argues that Trump's use of the International Emergency Economic Powers Act (IEEPA) to impose broad tariffs is unconstitutional and economically damaging, citing a May 29 district court ruling that found the tariffs illegal. That decision, however, is currently stayed pending appeal.Learning Resources' CEO, Rick Woldenberg, warned that delaying Supreme Court review could cost American businesses up to $150 billion due to ongoing tariff-related costs. He described the tariffs as a hidden tax and accused the government of forcing importers to act as involuntary tax collectors.Two federal courts have already ruled against Trump's interpretation of IEEPA, a law historically used for targeted sanctions, not general trade policy. The administration defends the tariffs as a legal response to national emergencies like trade imbalances and drug trafficking, though critics say the justification is legally thin and economically harmful.While rare, the Supreme Court has expedited cases of national significance in the past, such as Biden's student loan forgiveness plan. A key appeals court hearing on Trump's tariff authority is scheduled for July 31.Small business seeks early Supreme Court review of Trump's tariffs | ReutersA federal judge has also temporarily blocked the Trump administration from enforcing a new Department of Defense policy that would cap indirect cost reimbursements to universities at 15%. The move came in response to a lawsuit filed by 12 research institutions—including MIT and Johns Hopkins—as well as major academic associations. These groups argued that the cap violated existing federal regulations and congressional intent.The Department of Defense had framed the policy as a cost-saving measure, with Defense Secretary Pete Hegseth claiming it could save up to $900 million annually. However, universities rely on indirect cost reimbursements to fund infrastructure, staff, and equipment that support research across multiple projects—not just the ones directly funded.The ruling by Judge Brian Murphy, a Biden appointee, mirrors earlier judicial blocks of similar funding cuts proposed by the NIH and Department of Energy. A hearing is scheduled for July 2 to determine whether a longer-term injunction should be issued. The case highlights growing legal resistance to the administration's broader push to reduce federal spending on scientific research.US judge blocks Defense Department from slashing federal research funding | ReutersThe U.S. Supreme Court upheld Tennessee's law banning puberty blockers and hormone therapy for transgender minors in a 6–3 decision that sets a national precedent and effectively greenlights similar restrictions in over 20 states. Writing for the majority, Chief Justice Roberts concluded that the law neither classifies based on sex nor targets transgender status, and thus only required rational basis review—not heightened constitutional scrutiny. The Court accepted Tennessee's framing of the law as neutral and medically cautious, not discriminatory, citing European health policy shifts and purported uncertainty around gender-affirming care as justification.Critics, including the Court's liberal bloc, argued the law does in fact discriminate based on sex and gender identity by banning medical treatment only when it aims to affirm a transgender identity. Justice Sotomayor, in dissent, emphasized that the law's language and application plainly hinge on a minor's “sex as assigned at birth,” drawing troubling parallels to older jurisprudence that permitted covert forms of discrimination under the guise of neutrality.The ruling marks a major rollback of legal protections for transgender youth, ignoring years of precedent that increasingly recognized transgender identity as a constitutionally protected status. By lowering the scrutiny threshold and deferring to legislative “uncertainty,” the Court provided a road map for states to restrict gender-affirming care through general, non-explicitly discriminatory language. The majority's refusal to engage with medical consensus or the real-world impact on transgender youth reveals a troubling judicial posture: one that values legislative deference over individual rights, even when the stakes include physical and psychological harm to a vulnerable group.Supreme Court Upholds Curbs on Treatment for Transgender Minors This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: Abington School District v. SchemppOn this day in legal history, June 17, 1963, the U.S. Supreme Court decided Abington School District v. Schempp, a landmark case concerning the constitutional boundaries between church and state. The case arose when Edward Schempp, a Unitarian from Pennsylvania, challenged a state law that required public schools to begin each day with Bible readings. The Schempp family argued that this practice violated the Establishment Clause of the First Amendment, which prohibits the government from endorsing or establishing religion.In an 8–1 decision, the Court ruled in favor of the Schempps, holding that the mandatory Bible readings were unconstitutional. Justice Tom C. Clark, writing for the majority, emphasized that while the government must remain neutral toward religion, the school's policy amounted to state-sanctioned religious exercise. The ruling did not ban the Bible from public schools altogether but clarified that its use must be educational, not devotional.This decision built on the precedent set in Engel v. Vitale (1962), which struck down mandatory prayer in schools, and it reinforced a broader interpretation of the separation of church and state. The ruling provoked strong reactions across the country, with many viewing it as an attack on traditional religious values, while others saw it as a vital protection of individual liberties in a pluralistic society.The case remains a cornerstone in Establishment Clause jurisprudence, shaping debates over religion in public education for decades. It also marked a pivotal moment in the Warren Court's broader effort to expand civil liberties through constitutional interpretation.The American Bar Association (ABA) has filed a lawsuit against the Trump administration, accusing it of using executive orders to intimidate major law firms based on their past clients and hiring choices. Filed in federal court in Washington, D.C., the lawsuit argues that these actions violate the U.S. Constitution and have created a chilling effect on the legal profession. The ABA claims Trump's actions hindered its ability to secure legal representation, especially in cases opposing the federal government.The suit comes after four law firms successfully challenged similar executive orders, with judges temporarily or permanently blocking enforcement. One of these firms, Susman Godfrey, is now representing the ABA in this new case. Despite court setbacks, nine firms have agreed to provide nearly $1 billion in free legal services to the Trump administration to avoid similar targeting.White House spokesperson Harrison Fields dismissed the ABA's lawsuit as “frivolous,” asserting presidential authority over security clearances and federal contracting. The ABA also alleges the administration has threatened its accreditation authority and slashed funding, particularly in areas like training legal advocates for domestic violence victims.American Bar Association sues to block Trump's attacks on law firms | ReutersThe U.S. Department of Justice is undergoing a significant restructuring under the Trump administration, marked by mass resignations, staff reductions, and departmental overhauls. Approximately 4,500 DOJ employees have accepted buyouts through the administration's deferred resignation program, known as “Fork in the Road,” which allows for paid leave through September before official departure. These exits, along with planned eliminations of 5,093 positions, are expected to save around $470 million and reduce the DOJ's workforce from roughly 110,000.The administration's proposed budget for the next fiscal year aims to reshape the DOJ in line with conservative priorities. This includes dismantling the tax division—once staffed by over 500 people—and distributing its enforcement functions across the civil and criminal divisions. Despite some added funding to these divisions, they are also set to reduce attorney headcounts. The move has drawn backlash from former DOJ and IRS officials, who warned it could undermine tax enforcement. The DOJ's top tax official resigned earlier this year in protest.Political leadership changes have also prompted an exodus from the civil rights division, where two-thirds of career attorneys have either resigned or been reassigned. Cuts are also planned for the Environment and Natural Resources Division and other oversight bodies, such as the DOJ Inspector General's office and the Community Relations Service.Other structural shifts include folding INTERPOL's U.S. office into the U.S. Marshals Service, closing multiple field offices, and launching a new firearm rights restoration initiative. The administration has also proposed merging the ATF with the DEA and cutting the FBI's budget by over half a billion dollars.Justice Department to Lose 4,500 Staffers to Buyout Offers (1)Justice Department to Eliminate Tax Unit as Workforce ShrinksThe NCAA's $2.8 billion settlement—approved earlier this month—has reignited momentum in Congress for national legislation to address key issues in college athletics, particularly around antitrust liability, name, image, and likeness (NIL) compensation, and student-athlete classification. Beginning July 1, colleges can directly pay athletes, marking a historic shift that has intensified calls for a federal framework to standardize these changes.The settlement, which also includes back pay for nearly 400,000 athletes, has been described as a stabilizing force in the chaotic NIL landscape. It is now being used by the NCAA to push Congress for a liability shield to prevent further antitrust lawsuits. Although several NIL reform bills have been proposed in the past, none have passed. Two current bills—the bipartisan SPORTS Act and the GOP-led SCORE Act—aim to balance athlete rights with regulatory uniformity while clarifying that student-athletes are not employees.The SCORE Act would create revenue-based limits on athlete pay and involve multiple House committees, while the SPORTS Act focuses on educational support and fair market value benchmarks for NIL deals. Both would preempt state laws and address core NCAA concerns.Despite the settlement, legal uncertainty remains. Female athletes have already filed appeals challenging the deal under Title IX, and further litigation is expected. Experts note that any legislation granting an antitrust exemption—similar to the unique one held by Major League Baseball—would face judicial skepticism and political resistance.NCAA's $2.8 Billion Settlement Gets Congress Moving Toward FixesIn my column this week I write a bit about how a tax amnesty program in Illinois might provide a roadmap for the rest of the nifty fifty. Illinois' new remote seller amnesty program offers a strategic and replicable model for encouraging tax compliance among previously noncompliant businesses. By waiving penalties and interest and applying a simplified, flat 9% tax rate across the state's many local jurisdictions, the program lowers the barriers to voluntary disclosure. This approach addresses the core problem of the “compliance paradox,” where businesses avoid coming clean for fear of triggering audits. In contrast to fear-based enforcement, Illinois' model promotes intelligence-based compliance, exchanging amnesty for valuable insights into evasion tactics and tools.The program's design could be adapted to brick-and-mortar businesses engaged in sales suppression through tools like zapper software. If these businesses were offered amnesty in return for disclosing how they evaded taxes—such as revealing the software they used and methods employed—states could use this intelligence to improve enforcement. Such disclosures would turn voluntary compliance into a form of strategic reconnaissance, identifying enforcement blind spots and bad actors.Illinois' policy doesn't just recoup lost revenue; it also creates opportunities to map the ecosystem of tax evasion tools and techniques. By incentivizing transparency and simplifying compliance, the initiative provides a blueprint for other states facing fiscal pressure and looking to modernize tax enforcement.Illinois Remote Seller Amnesty Program Offers Roadmap for States This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: Glass-Steagall SignedOn June 16, 1933, President Franklin D. Roosevelt signed the Banking Act of 1933 into law—a pivotal piece of Depression-era legislation better known by the names of its congressional architects: Senator Carter Glass and Representative Henry Steagall. The law's timing was not accidental; it came just months after the catastrophic banking failures that had shuttered thousands of banks and evaporated public trust in the financial system. At its core, the act sought to restore that trust through structural reform, not just emergency patchwork.The most well-known feature of the law was the creation of the Federal Deposit Insurance Corporation (FDIC), which for the first time guaranteed Americans' bank deposits up to a set amount. This singular policy innovation helped stem the tide of bank runs and brought stability to the retail banking sector almost overnight.But the law went further. In what became known as the Glass–Steagall provisions, it imposed a formal separation between commercial banking and investment banking. The rationale was simple: banks that take deposits and issue loans should not also be speculating in stocks, bonds, or other risky assets. The aim was to curtail the kind of speculative behavior that had, in part, fueled the 1929 crash.This firewall between different banking functions endured for decades, until its gradual erosion and eventual repeal under the Gramm-Leach-Bliley Act of 1999. Critics of deregulation would later argue that dismantling Glass–Steagall helped set the stage for the 2008 financial crisis.So, why does June 16 matter? Because it marks the day Congress decided that the rule of law—not just market forces—would govern American finance. It's a reminder that even in moments of deep economic despair, institutional design and legislative action can restore public confidence. The legacy of the 1933 Banking Act lives on every time someone deposits a paycheck without worrying if their bank will still be open next week.President Donald Trump has ordered a major escalation in deportation operations by Immigration and Customs Enforcement (ICE), targeting the largest U.S. cities like Los Angeles, Chicago, and New York. The initiative, described by Trump as the "single largest Mass Deportation Program in History," comes amid widespread protests and legal opposition. Trump framed the policy as necessary to remove "millions" of undocumented migrants but also pledged to soften its impact on sectors like agriculture and hospitality, which rely heavily on immigrant labor.ICE is now arresting roughly 2,000 undocumented individuals daily, a significant increase from the Biden administration's rates. Trump aide Stephen Miller has pushed for even higher daily arrests, aiming for 3,000. This surge coincides with a drop in the number of foreign workers, contributing to an overall labor force decline.In response to protests—particularly in Los Angeles—Trump deployed National Guard troops and up to 700 active-duty Marines to secure federal property, sparking backlash from local leaders. California Governor Gavin Newsom has sued the administration, challenging the legality of the troop deployment. A federal appeals court is currently reviewing a lower court's restriction on the National Guard's use.Trump Orders ICE to Expand Deportations in Largest US CitiesSenate Republicans are preparing to unveil their draft of President Trump's sweeping $3 trillion economic package, aiming for passage by Independence Day. But one key detail remains conspicuously unresolved: the state and local tax (SALT) deduction cap.The draft, expected Monday, reflects weeks of intraparty negotiation. Finance Committee Chair Mike Crapo has been trying to thread the needle between budget hawks, business-friendly Republicans, and clean energy holdouts. While the bill includes permanent extensions of key Trump-era business tax cuts—like R&D deductions, interest expensing, and full depreciation—the SALT cap remains a political landmine.The House version, passed earlier this year, raised the SALT cap to $40,000 in a bid to placate Republicans from high-tax states like New York, New Jersey, and California. Senate GOP leaders, by contrast, are floating either retaining the $10,000 cap or leaving it blank for now. Majority Leader John Thune admitted there's little appetite among senators from low-tax states to raise it.The SALT cap is more than a tax policy footnote—it's a litmus test for how seriously Republicans take their own rhetoric on fiscal responsibility. Repealing or expanding the cap would disproportionately benefit wealthy households in blue states while blowing a hole in federal revenues. It's a strange hill for a so-called “populist” party to die on.House Speaker Mike Johnson is pressuring the Senate to keep the $40,000 cap, warning that anything less could tank the bill in the House. It's a delicate dance between appeasing suburban Republicans and not torching whatever remains of fiscal conservatism.Meanwhile, energy companies are watching closely to see how the bill handles the phase-out of clean energy credits. Foreign investors are lobbying against the "Section 899 revenge tax," and Medicaid work requirements face their own internal friction. States may not be ready to implement them, and pushback is mounting over penalizing low-income parents.Senate to Unveil Trump Tax Bill Draft With SALT Fight UnresolvedA federal judge in Boston is weighing whether to block President Trump's latest move to bar foreign nationals from studying at Harvard University, as part of a broader legal fight over immigration, education, and executive power.The administration's proclamation—signed earlier this month—cites national security concerns and temporarily suspends the entry of international students bound for Harvard. It also directs the State Department to consider revoking visas for those already enrolled. The measure follows Homeland Security Secretary Kristi Noem's earlier attempt to strip Harvard's certification to host international students, which the court temporarily blocked.Harvard, which counts nearly 6,800 international students (about 27% of its student body), argues that the Trump administration is engaging in unconstitutional retaliation. The university claims it's being punished for resisting White House efforts to control its governance, curriculum, and ideological direction—an alleged violation of First Amendment protections.Trump's proclamation, and the broader freeze on $2.5 billion in Harvard funding, mark an unprecedented federal offensive against the country's oldest and wealthiest university. Harvard is now seeking a broad injunction to protect its ability to host foreign students while its lawsuits proceed.The Justice Department, for its part, is asking the court to treat Trump's proclamation separately from Noem's earlier actions, arguing it rests on different legal grounds and doesn't expel current students—at least not yet.The outcome of today's hearing could have profound implications, not just for Harvard, but for how far a sitting president can go in leveraging immigration law to reshape higher education.Harvard to urge judge to bar Trump from closing doors for international students | Reuters This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History:  Miranda v. ArizonaOn June 13, 1966, the U.S. Supreme Court issued its landmark decision in Miranda v. Arizona, fundamentally reshaping American criminal procedure. The case centered on Ernesto Miranda, who had confessed to kidnapping and rape during a police interrogation without being informed of his constitutional rights. In a narrow 5–4 ruling, the Court held that the Fifth Amendment's protection against self-incrimination and the Sixth Amendment's right to counsel require law enforcement officers to inform suspects of their rights before custodial interrogation begins.The decision mandated that suspects be told they have the right to remain silent, that anything they say can be used against them in court, and that they have the right to an attorney—either retained or appointed. These now-standard warnings, known as "Miranda rights," became a required part of police procedure across the United States.Chief Justice Earl Warren, writing for the majority, emphasized that custodial interrogation is inherently coercive and that procedural safeguards were necessary to preserve the individual's privilege against self-incrimination. The dissenters, led by Justice Harlan, argued the decision imposed an impractical burden on law enforcement and that traditional voluntariness tests were sufficient.Miranda sparked immediate controversy, with critics warning it would hamper police efforts and allow guilty individuals to go free. Nonetheless, it has endured as a cornerstone of American constitutional law, embodying the principle that the government must respect individual rights even in the pursuit of justice. Over the years, the ruling has been refined but not overturned, and Miranda warnings are now deeply embedded in both law enforcement training and popular culture.Tesla has filed a trade secret lawsuit in California federal court against former engineer Jay Li and his startup, Proception, alleging that Li stole confidential information to accelerate the development of robotic hands. According to the complaint, Li worked on Tesla's Optimus humanoid robot project from 2022 to 2024 and allegedly downloaded sensitive files related to robotic hand movements before departing the company. Tesla claims Li used this proprietary data to give Proception an unfair edge, enabling the startup to make rapid technological gains that had taken Tesla years and significant investment to achieve.The suit points out that Proception was founded just six days after Li left Tesla and began showcasing its robotic hands five months later—devices Tesla says bear a “striking similarity” to its own designs. Tesla is seeking monetary damages and a court order to prevent further use of its alleged trade secrets. Legal representation for Tesla includes attorneys from Gibson Dunn & Crutcher, while counsel for Proception and Li has not yet been disclosed.Tesla lawsuit says former engineer stole secrets for robotics startup | ReutersA federal district court and a federal appeals court issued conflicting rulings over President Donald Trump's deployment of National Guard troops in Los Angeles amid protests over aggressive immigration enforcement.U.S. District Judge Charles Breyer ruled earlier in the day that Trump's order to deploy the Guard was unlawful. He found that the protests did not meet the legal threshold of a “rebellion,” which would be necessary for the president to override state control of the Guard under the Insurrection Act or related powers. Breyer concluded the deployment inflamed tensions and stripped California of the ability to use its own Guard for other state needs. His 36-page opinion ordered that control of the National Guard be returned to California Governor Gavin Newsom.However, about two and a half hours later, the 9th U.S. Circuit Court of Appeals granted an administrative stay, temporarily pausing Breyer's ruling and allowing Trump to retain command of the Guard for now. The three-judge panel—two appointed by Trump and one by President Biden—stressed that their order was not a final decision and set a hearing for the following Tuesday to evaluate the full merits of the lower court's decision.Meanwhile, a battalion of 700 U.S. Marines was scheduled to arrive to support the Guard, further escalating the federal presence. Critics, including L.A. Mayor Karen Bass and Senator Alex Padilla—who was forcibly removed from a press event—argued that the military response was excessive and politically motivated. Supporters of the deployment, including Trump and DHS Secretary Kristi Noem, defended it as necessary to restore order. A Reuters/Ipsos poll showed public opinion split, with 48% supporting military use to quell violent protests and 41% opposed.Appeals court allows Trump to keep National Guard in L.A. with Marines on the way | ReutersIn a pattern that surprises few, the conservative-dominated U.S. Supreme Court has granted President Donald Trump a series of victories through its emergency—or "shadow"—docket, continuing a trend of fast-tracking his policy goals without full hearings. Since returning to office in January, Trump's administration has filed 19 emergency applications to the Court, with decisions in 13 cases so far. Of those, nine rulings went fully in Trump's favor, one partially, and only two against him. These rapid interventions have enabled Trump to enforce controversial policies—including ending humanitarian legal status for migrants, banning transgender military service, and initiating sweeping federal layoffs—despite lower court injunctions.District court challenges to these actions often cite constitutional overreach or procedural shortcuts, but the Supreme Court has repeatedly overruled or paused these lower court decisions with minimal explanation. The emergency docket, once used sparingly, has become a regular tool for the Trump administration, matching the total number of applications filed during Biden's entire presidency in under five months. Critics argue that the Court's increasing reliance on this docket lacks transparency, with rulings frequently unsigned and unexplained. Liberal justices have voiced strong objections, warning that rushed decisions with limited briefing risk significant legal error.The Court's 6-3 conservative majority, including three Trump appointees, has given the president a judicial green light to implement divisive policies while litigation plays out. Some legal scholars argue these outcomes reflect strategic case selection rather than simple ideological bias. Still, in light of the Court's current composition and its repeated willingness to empower executive action, the results are hardly shocking.Trump finds victories at the Supreme Court in rush of emergency cases | ReutersThis week's closing theme is by Tomaso Albinoni.This week's closing theme is Sinfonia in G minor, T.Si 7 by Tomaso Albinoni, a composer whose elegant, expressive works have often been overshadowed by his more famous contemporaries. Born on June 14, 1671, in Venice, Albinoni was one of the early Baroque era's leading figures in instrumental music and opera. Though he trained for a career in commerce, he chose instead to live independently as a composer, unusual for his time. He wrote extensively for the violin and oboe, and was among the first to treat the oboe as a serious solo instrument in concert music.Albinoni's style is marked by a graceful clarity and balanced formal structure, qualities well represented in this week's featured piece. The Sinfonia in G minor, T.Si 7 is a compact, three-movement work likely composed for a theatrical performance or ceremonial function. It opens with a dramatic Grave, setting a solemn tone that gives way to a lively Allegro and a brief yet expressive final movement.The G minor tonality gives the piece an emotional intensity, without tipping into melodrama—typical of Albinoni's refined dramatic sensibility. While his best-known composition today may be the Adagio in G minor—ironically, a piece reconstructed long after his death—Albinoni's authentic works, like this sinfonia, display a deft hand at combining lyricism with architectural clarity.His music enjoyed wide dissemination in his lifetime and was admired by J.S. Bach, who used Albinoni's bass lines as models for his own compositions. As we close out this week, Albinoni's Sinfonia in G minor offers a reminder of the beauty in restraint and the enduring resonance of Baroque form.Without further ado, Tomaso Albinoni's Sinfonia in G minor, T.Si 7. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: Loving v. Virginia On June 12, 1967, the U.S. Supreme Court issued its landmark decision in Loving v. Virginia, striking down state laws that banned interracial marriage. The case arose when Richard Loving, a white man, and Mildred Loving, a Black and Indigenous woman, were sentenced to a year in prison for marrying each other in Washington, D.C., then returning to their home in Virginia, which criminalized interracial unions under its Racial Integrity Act of 1924. The couple's challenge to their conviction eventually reached the nation's highest court.In a unanimous decision, the Supreme Court held that Virginia's anti-miscegenation law violated the Equal Protection and Due Process Clauses of the Fourteenth Amendment. Chief Justice Earl Warren, writing for the Court, stated that the freedom to marry is a “vital personal right,” and restricting that freedom on the basis of race was “directly subversive of the principle of equality at the heart of the Fourteenth Amendment.” The Court emphasized that classifications based solely on race are “odious to a free people” and cannot stand.The decision invalidated laws in 16 states that still prohibited interracial marriage at the time, cementing Loving v. Virginia as a major victory in the civil rights movement. It not only reinforced the constitutional commitment to racial equality but also laid critical groundwork for later decisions involving personal liberty, including Obergefell v. Hodges, which legalized same-sex marriage in 2015.A U.S. federal judge ruled that the Trump administration cannot detain Columbia University student and pro-Palestinian activist Mahmoud Khalil based on U.S. foreign policy concerns. The decision, issued by Judge Michael Farbiarz in Newark, found that using a rarely applied immigration law to justify Khalil's detention violated his free speech rights. Khalil, whose green card was revoked in March, has been in detention since then and was the first foreign student arrested amid the pro-Palestinian campus protests following the October 7 Hamas attack on Israel.The court found that Khalil was suffering irreparable harm due to the damage to his career and the chilling effect on his speech. While the ruling bars Khalil's deportation under the foreign policy provision, it does not require his immediate release, allowing the administration until Friday to appeal. Khalil's wife, Dr. Noor Abdalla, urged his immediate return to their home in New York, where she cares for their newborn son.Neither the State Department nor the Justice Department commented. The case reflects tensions over U.S. responses to student activism amid global political conflicts, particularly as Trump-era policies are used to target protesters. The foreign policy provision invoked allows deportation of non-citizens if their presence is seen as harmful to U.S. interests, but the court found it unconstitutional in this case.US foreign policy no basis to detain Columbia protester Khalil, judge rules | ReutersCalifornia is taking the Trump administration to court over the deployment of U.S. Marines to Los Angeles amid escalating protests against President Donald Trump's immigration policies. Approximately 700 Marines are set to join 4,000 National Guard troops to support federal agents and protect government property, sparking backlash from state officials who argue the move is illegal and inflammatory. California Governor Gavin Newsom, along with other state and local leaders, contends the deployment violates the state's rights and unnecessarily escalates tensions.The protests, which began in response to a wave of immigration raids, have spread to cities including New York, Chicago, and Washington, D.C., and are expected to intensify with over 1,800 demonstrations planned for the weekend. Demonstrators in Los Angeles have largely remained peaceful, though incidents of violence and aggressive police responses have been reported. A federal judge in San Francisco will hear arguments Thursday as California seeks a restraining order to halt the military's law enforcement involvement.The Marines have completed crowd control and de-escalation training but are operating under Title 10 of U.S. law, which authorizes limited military involvement in civilian matters. They are permitted to detain individuals interfering with federal duties but are not supposed to engage in regular policing. Trump defended the deployment, calling it essential to maintaining order, while critics, including national Democrats, have called it a dangerous overreach.Marines prepare for Los Angeles deployment as protests spread across USA group of current and former female athletes is appealing the NCAA's $2.8 billion antitrust settlement, arguing that the deal violates Title IX by disproportionately compensating male athletes. Approved by a federal judge on June 6, the settlement allocates 90% of back pay damages to men, largely benefiting football and basketball players. The objectors, represented by attorney John Clune, argue this breakdown reflects a $1.1 billion miscalculation and discriminates against women in violation of federal law.The appeal, filed in the U.S. Court of Appeals for the Ninth Circuit, is the first formal challenge to a settlement touted as a major victory for student-athletes. Clune said the agreement lacks meaningful support for women's sports, including basketball and Olympic disciplines, and warned that schools are already discussing cutting programs as a result of the deal's financial structure.Critics of the appeal, including settlement attorney Jeffrey Kessler, claim the Title IX objection is misplaced in an antitrust case and will delay compensation for over 100,000 athletes. Still, the challenge raises questions about gender equity in how the NCAA compensates athletes for past name, image, and likeness (NIL) restrictions.While the total settlement amount isn't being disputed, the appeal could impact future policies around compensation, roster limits, and salary caps. The NCAA says it's continuing with implementation, but the appeal introduces legal uncertainty into an already complex shift in college athletics.NCAA $2.8 Billion Deal Gets Appealed Over Title IX Issues (1)Donald Trump's legal team is attempting to fast-track an appeal of his New York felony conviction by moving the case toward the U.S. Supreme Court. Trump was convicted in Manhattan on 34 counts of falsifying business records related to hush money payments made to adult film actress Stormy Daniels, marking the first time a former or current president has been found guilty of a felony. His attorneys returned to court this week to argue the state case should be shifted to federal jurisdiction.They contend that Trump's actions were connected to his official duties as president and thus should be handled in federal court, where they believe he might receive a more favorable legal environment. The 2nd U.S. Circuit Court of Appeals is currently weighing the request, which Trump hopes will pave the way for a rapid review by the Supreme Court.The legal maneuvering is part of a broader strategy to challenge the legitimacy of the New York state trial and delay sentencing or any other consequences. Trump maintains that the case is politically motivated and that the charges are being used to interfere with his political agenda.Trump Seeks Quick Path to Supreme Court in Hush Money Appeal (1) This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: People v. Ruggles and the Transposition of a “Common Law Crime”On June 11, 1811, the New York Supreme Court of Judicature decided People v. Ruggles, a seminal case in early American constitutional law and one of the rare recorded convictions for blasphemy in U.S. history. John Ruggles was convicted for publicly declaring in a tavern that “Jesus Christ was a b*****d and his mother must be a w***e,” and was sentenced to three months in jail and fined $500. What made the decision historically significant was Chancellor James Kent's justification: he upheld the conviction by transposing the English common law crime of blasphemy into American jurisprudence, despite the existence of a state constitutional provision protecting religious freedom.Kent argued that the free exercise clause of the New York Constitution—similar to the First Amendment—guaranteed religious tolerance but did not protect speech deemed immoral or dangerous to public order. He defined blasphemy as “maliciously reviling God, or religion,” and asserted that Americans, like the English, required religion-based moral discipline to maintain social cohesion. Crucially, Kent held that blasphemy applied only to Christianity, stating that “we are a Christian people,” and that moral and legal norms in the U.S. were “ingrafted upon Christianity.”This decision represented a foundational moment in American law by carrying forward a religiously grounded common law principle into a supposedly secular, constitutional framework. Kent cited Sunday observance laws and other religious references in law as evidence that Christianity remained embedded in the legal culture. He acknowledged tolerance for other religions but did not extend legal protection to speech critical of Christianity.The decision aligned with Justice Joseph Story's later view that Christianity underpinned American common law, but stood in contrast to the secularist interpretation advanced by figures like Thomas Jefferson. Though Kent's reasoning carried weight in his era, it would eventually lose ground. In Burstyn v. Wilson (1952), the U.S. Supreme Court effectively invalidated blasphemy laws, ruling that speech critical of religion was protected under the First Amendment.A federal appeals court has ruled that President Trump's sweeping tariffs may remain in effect while legal challenges to their legality proceed. The U.S. Court of Appeals for the Federal Circuit in Washington, D.C. paused a lower-court decision that found Trump exceeded his authority by invoking the International Emergency Economic Powers Act (IEEPA) to impose tariffs. The court called the matter one of “exceptional importance” and took the rare step of assigning it to the full 11-judge panel, with oral arguments scheduled for July 31.The tariffs in question include broad duties on imports from most U.S. trading partners—nicknamed “Liberation Day” tariffs—as well as separate levies targeting Canada, China, and Mexico. Trump has claimed that the tariffs are justified under IEEPA due to threats like fentanyl trafficking and the ongoing trade deficit. Critics argue these are not legitimate emergencies under the law and that only Congress has the constitutional power to impose tariffs.The original ruling striking down the tariffs came from the U.S. Court of International Trade on May 28, in lawsuits brought by five small businesses and twelve states led by Oregon. That court found Trump's use of IEEPA overreached presidential authority and misapplied a law designed for national emergencies. While disappointed by the stay, the plaintiffs emphasized that no court has yet upheld Trump's broad claims under IEEPA.Trump tariffs may remain in effect while appeals proceed, US appeals court rules | ReutersThe U.S. Department of Justice (DOJ) recently dismissed two more employees who were involved in investigations concerning President Trump, bringing the total number of terminations related to those probes to 17 since Trump's return to power in January. One of the fired individuals had served as a lawyer on Special Counsel Jack Smith's team and previously prosecuted defendants involved in the January 6 Capitol attack. The other was a support staff member also tied to Smith's team. Attorney General Pam Bondi reportedly ordered the dismissals. Although both had been reassigned to other DOJ divisions prior to their termination, their past involvement with the Trump investigations was cited as the likely reason for their firing.Earlier, on January 27, 14 attorneys were dismissed at once due to their work on Trump-related cases. In April, a longtime public affairs official who had represented Smith's team was also let go. The DOJ has not officially commented on the recent terminations. Trump has persistently claimed that the Justice Department unfairly targeted him for political reasons, though Smith's team consistently rejected that narrative in court. These firings raise new concerns about political influence over the DOJ's personnel decisions.US Justice Department fires two tied to Trump probes, people familiar say | ReutersA group of Tesla owners in France has filed a lawsuit against the automaker, claiming that CEO Elon Musk's public behavior and political alignments have caused them reputational harm. Represented by law firm GKA, about ten leaseholders are asking the Paris Commercial Court to cancel their vehicle contracts and recover legal costs. They argue that Tesla cars, once seen as eco-friendly innovations, are now perceived as far-right symbols due to Musk's vocal support for Donald Trump and Germany's far-right AfD party.The plaintiffs allege that Musk's political affiliations and controversial gestures—such as one during Trump's inauguration that was likened online to a Nazi salute because it was absolutely a Nazi salute—have made Tesla ownership socially and professionally damaging. The group also cites Musk's involvement in the Department of Government Efficiency (DOGE), a Trump-backed initiative to reduce public spending, as further evidence of his deep political entanglements. Public backlash against Musk has included protests and vandalism at Tesla showrooms across Europe and the U.S.This lawsuit comes amid declining Tesla sales in Europe, where customers are increasingly turning to competitively priced Chinese EVs. GKA emphasized that its clients purchased Tesla vehicles for their environmental and technological appeal, not as political statements. Tesla has not yet responded to the lawsuit. Musk recently acknowledged regretting some of his remarks on X, the platform he owns, after a public dispute with Trump.Some French Tesla drivers file lawsuit over harm allegedly caused by Musk's behaviour | Reuters This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: Colegrove v. GreenOn June 10, 1946, the U.S. Supreme Court decided Colegrove v. Green, upholding an Illinois congressional districting scheme that created dramatically uneven district populations. The plaintiffs argued the map diluted votes by packing more people into some districts than others, violating principles of equal representation. However, the Court, in a plurality opinion by Justice Felix Frankfurter, declined to intervene. Frankfurter emphasized that districting was a “political question” and not within the judiciary's purview to resolve.This ruling effectively insulated redistricting practices from federal judicial review and left voters in malapportioned districts without a constitutional remedy. Frankfurter's view was rooted in judicial restraint, warning against courts becoming embroiled in “political thickets.” But critics argued that this deference allowed entrenched political interests to ignore population shifts and disenfranchise urban voters.The decision stood until 1962, when the Court reversed course in Baker v. Carr. There, the justices held that federal courts could indeed hear redistricting cases under the Equal Protection Clause, ushering in the “one person, one vote” era. Colegrove thus marked the high-water mark of the political question doctrine's use in avoiding electoral oversight—a stance the Court ultimately abandoned.Mexico's antitrust regulator is poised to issue a ruling by June 17 on whether Google engaged in monopolistic practices in the country's digital advertising market. If found guilty, the tech giant could face a fine amounting to 8% of its annual Mexican revenue—potentially one of the largest ever imposed by the agency. The case began in 2020 and moved into a trial phase last year, with a key hearing held on May 20. Mexican regulators claim Google built an illegal monopoly, and has obtained financial data from the Mexican tax authority as part of its investigation.Google, which hasn't disclosed Mexico-specific revenue but reported $20.4 billion for the broader “other Americas” region in 2024, could seek an injunction to delay the ruling pending judicial review. This would parallel similar antitrust issues the company faces in the U.S., where courts have ruled against its dominance in search and advertising technologies.Adding to tensions, President Claudia Sheinbaum has sued Google for renaming the Gulf of Mexico to “Gulf of America” for U.S. users—a move she claims Google had no authority to make. The long-standing antitrust case has drawn political attention, with lawmakers urging Mexican officials to act.Google in Mexico faces major potential fine as antitrust ruling nears | ReutersTexas has taken a meaningful first step toward curbing abuse in its affordable housing tax system with HB 21, but the new law leaves major gaps that developers could still exploit. Signed by Governor Greg Abbott, HB 21 aims to end long-term tax breaks for projects that offer little true affordability. However, the bill's reliance on “area median income” (AMI) to define affordability creates a loophole: in wealthy areas, rent set at 80% of AMI can be as high as typical market rates, making the term “affordable” misleading.The law requires that half of all units be reserved for “low-income” tenants, but without adjusting for local wage realities, this standard fails to address the needs of those most burdened by housing costs. Worse still, enforcement is delayed—audits may take years, and there is no mechanism to reclaim tax benefits already received by developers who fall out of compliance. This makes upfront compliance optional in practice, not mandatory.While HB 21 mandates parity in amenities between market-rate and affordable units, this provision seems symbolic without robust inspection. The lack of a tax credit clawback—something present in federal programs like the Low-Income Housing Tax Credit—further weakens accountability.The bill's structure could dissuade honest developers, who face unclear or burdensome requirements, while allowing bad actors to benefit before facing any scrutiny. Texas risks ending exploitative deals without fostering enough viable new ones, exacerbating its housing shortage.Texas Housing Law Addresses Problem but Creates Major LoopholesAs the push for government efficiency grows, the IRS is considering using artificial intelligence to identify noncompliant taxpayers based on past audit outcomes. While this might sound like a smart upgrade, history offers a sobering warning. The Netherlands tried something similar, using AI to spot fraud in childcare benefits, and it ended in a national scandal—the algorithm disproportionately targeted minority families, human reviewers failed to intervene, and the fallout brought down the government.A recent Treasury Inspector General for Tax Administration (TIGTA) report suggests the IRS could “leverage examination results” to improve case selection algorithms. But this raises red flags. IRS audit history isn't neutral. A 2023 joint study by Stanford and the Treasury Department found that Black taxpayers were audited up to 4.7 times more than others, especially when claiming the Earned Income Tax Credit. That disparity likely came from algorithmic choices aimed at efficiency, not fairness.If the IRS trains AI on this unfiltered historical data, it risks cementing and expanding past biases into future audits. AI could be a powerful tool—but only if accompanied by key safeguards. First, training data must be rigorously reviewed to eliminate bias. Second, model decisions must be transparent so we understand how and why certain cases are flagged. And third, human reviewers must be actively trained and authorized to question and override algorithmic decisions.Week in Insights: TIGTA's AI Ambitions Risk Rerun of Dutch Fiasco This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: “Have You No Sense of Decency, Sir?”On June 9, 1954, one of the most pivotal moments in American legal and political history unfolded during the Army–McCarthy hearings. The hearings were part of a broader investigation into allegations that Senator Joseph McCarthy and his staff had pressured the U.S. Army for preferential treatment of a former aide. By this time, McCarthy had become infamous for his aggressive campaign against alleged communists in government, using Senate hearings as a stage for accusations often lacking in evidence. His tactics had created a culture of fear and censorship across multiple sectors of American life.The dramatic turning point came when Army chief counsel Joseph Welch confronted McCarthy after the senator attempted to smear a young attorney from Welch's law firm. With millions watching the nationally televised hearing, Welch famously asked, “Have you no sense of decency, sir? At long last, have you left no sense of decency?” The moment drew applause and signaled a critical shift in public sentiment. It crystallized growing discomfort with McCarthy's bullying methods and marked the beginning of his political downfall.The legal significance of this day lies not in a court decision but in the public rejection of demagoguery and the defense of due process and professional ethics. Welch's rebuke helped reassert norms of fairness in legislative proceedings and served as a precedent for reining in congressional overreach. Within months, McCarthy was censured by the Senate, and his influence waned. June 9, 1954, thus stands as a symbolic restoration of institutional decency amid the legal theater of Cold War America.Getty Images has launched a major copyright lawsuit against Stability AI in the UK, accusing the company of using millions of its images without permission to train its AI system, Stable Diffusion. The case, now underway in London's High Court, challenges whether such data use falls within fair use or infringes intellectual property rights. Getty insists the lawsuit is not an attack on AI itself, but a defense of copyright protections, arguing that AI can thrive alongside creators if proper licensing is respected. Stability AI denies any wrongdoing, framing the dispute as a broader debate about innovation and freedom of expression.The legal battle is unfolding amid a global wave of lawsuits over AI training data, as creative industries express concern about the unauthorized use of their work. Getty is also pursuing a parallel case in the United States. Lawyers for Stability AI argue the suit could endanger the entire generative AI industry, but Getty counters that respecting copyright is key to AI's future. The outcome of this case could reshape how copyright law is applied to AI in the UK and potentially influence government policy.One legal element of note is UK copyright's application to machine learning, particularly regarding the "scraping" of protected content. This is significant because the UK lacks a settled precedent on whether using copyrighted data to train AI systems constitutes infringement, especially in the absence of express licensing. This case could establish that precedent.Getty argues its landmark UK copyright case does not threaten AI | ReutersDamian Williams, the former U.S. Attorney for the Southern District of New York, has left Paul Weiss just months after joining the firm to move to Jenner & Block. His departure comes as Paul Weiss faces scrutiny for striking a controversial deal with the Trump administration in March, agreeing to provide $40 million in pro bono legal services in exchange for rescinding an executive order targeting the firm. Jenner & Block, in contrast, opposed the same Trump-era executive order in court and recently secured a permanent ruling against it.Williams will now co-chair Jenner's litigation and investigations practice. During his time as U.S. Attorney, he led major prosecutions including those of FTX founder Sam Bankman-Fried and Senator Bob Menendez. In a statement, Williams praised Jenner's fearless advocacy and strategic counsel. Jenner did not mention its legal fight against Trump or Paul Weiss's agreement in its announcement.Paul Weiss has seen several other high-profile departures in recent months, including five partners who left to start a new firm and the head of its pro bono practice, who left to work on housing advocacy. The Trump-related agreement has sparked debate within the legal community, with some praising it as pragmatic and others criticizing it as compromising firm independence.Former Manhattan US attorney leaves Paul Weiss for law firm fighting Trump | ReutersA federal judge has given final approval to a groundbreaking $2.8 billion antitrust settlement between the NCAA, its Power Five conferences, and student-athletes, allowing for direct payments to college athletes for the first time. Judge Claudia Wilken ruled that the deal, which also resolves ongoing litigation over name, image, and likeness (NIL) rights, was fair and served pro-competitive purposes despite concerns raised over team roster limits and compensation caps. As part of the agreement, schools can begin sharing up to 22% of their athletic revenue—around $20 million annually per Power Five school—with athletes as soon as this summer.The deal includes $2.75 billion in back payments over 10 years to Division I athletes who played from 2016 onward. Some athletes had objected, citing unfair pay practices, gender inequities, and a lack of input from future players. Wilken responded by approving revisions that exempt some athletes from roster limits and clarified that future athletes can object to the settlement before being bound by it. Less than 0.1% of nearly 390,000 class members formally objected.While this decision marks a shift toward a new financial model in college sports, litigation will continue. Former athletes not covered by this deal are still pursuing claims, and broader legal fights remain over whether athletes should be considered employees. NCAA President Charlie Baker emphasized the deal as a stabilizing step amid ongoing legal and political challenges, including state-level competition over NIL rules.NCAA Wins Final Approval of $2.8 Billion Player-Pay Deal (2) This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: SEC EstablishedOn this day in legal history, June 6, 1934, the United States Securities and Exchange Commission (SEC) was established as part of the sweeping reforms of the New Deal. The SEC was created by the Securities Exchange Act of 1934 in response to the stock market crash of 1929 and the ensuing Great Depression, which exposed widespread fraud, manipulation, and lack of oversight in the financial markets. Its primary mission was, and remains, to protect investors; maintain fair, orderly, and efficient markets; and facilitate capital formation.President Franklin D. Roosevelt appointed Joseph P. Kennedy, a former stockbroker and businessman, as the SEC's first chairman. The choice was controversial—Kennedy had profited handsomely from some of the same speculative practices the SEC was meant to prevent—but Roosevelt believed that Kennedy's insider knowledge would make him an effective regulator.The SEC was empowered to regulate the securities industry, enforce federal securities laws, and oversee the nation's stock and options exchanges. Among its early duties were requiring public companies to file detailed financial disclosures, registering securities before public offering, and monitoring insider trading. The commission also played a key role in restoring investor confidence in U.S. capital markets during a time of deep financial mistrust.Over time, the SEC expanded its reach, responding to new financial products, trading technologies, and crises. From investigating corporate accounting scandals like Enron and WorldCom, to managing the regulatory fallout of the 2008 financial crisis, the SEC has remained a pivotal force in shaping American financial law. It continues to evolve, now addressing issues such as crypto asset regulation, ESG disclosures, and algorithmic trading.Speaking of the SEC, U.S. District Judge Reggie Walton dismissed a lawsuit challenging the SEC 2020 rule changes that made it more difficult for shareholders to submit proposals at corporate annual meetings. The rules, enacted late in President Trump's term, raised the ownership thresholds and lengthened holding periods required to file shareholder proposals. They also introduced stricter resubmission requirements for proposals previously rejected by shareholders.The plaintiffs, including the Interfaith Center on Corporate Responsibility, As You Sow, and shareholder advocate James McRitchie, argued the changes disproportionately harmed proposals on environmental, social, and governance (ESG) issues and reduced long-term shareholder value. They claimed the SEC failed to assess the benefits of such proposals before implementing the rules.Judge Walton rejected these claims, ruling that the SEC adequately justified the changes under its mandate to promote efficiency, competition, and capital formation. The SEC, which had defended the rules during both the Trump and Biden administrations, argued that the reforms ensured shareholder proposals had broader relevance and potential for meaningful corporate action. The 2020 vote on the rule changes split along party lines, with Republican commissioners in support. While the SEC declined to comment on the ruling, the plaintiffs expressed disappointment and affirmed their commitment to corporate engagement on environmental and social issues.SEC wins dismissal of lawsuit challenging tighter rules on shareholder proposals | ReutersOpenAI filed an appeal challenging a court order that requires it to indefinitely preserve ChatGPT output data in an ongoing copyright lawsuit brought by The New York Times. OpenAI argues the order conflicts with its user privacy commitments and sets a troubling precedent. The preservation directive was issued last month after The Times requested that all relevant log data be maintained and segregated.OpenAI CEO Sam Altman publicly criticized the order on social media, affirming the company's stance against actions it sees as compromising user privacy. The appeal, filed on June 3, asks U.S. District Judge Sidney Stein to vacate the preservation requirement.The lawsuit, filed in 2023, accuses OpenAI and Microsoft of using millions of Times articles without permission to train ChatGPT. In April, Judge Stein ruled that The Times had plausibly alleged that OpenAI and Microsoft may have encouraged users to reproduce copyrighted content. The ruling rejected parts of a motion to dismiss the case and allowed several of the Times' claims to move forward, citing multiple examples of ChatGPT generating material closely resembling Times articles.OpenAI appeals data preservation order in NYT copyright case | ReutersPresident Donald Trump's 2026 budget proposal includes a plan to eliminate the Legal Services Corporation (LSC), an independent agency that funds civil legal aid for low-income Americans. The proposal seeks $21 million for an "orderly closeout" of the organization, which had requested $2.1 billion to meet growing demand. The LSC supports 130 nonprofit legal aid programs that assist with issues such as evictions, disaster recovery, and access to public benefits.Critics warn that the move would devastate legal aid access for millions, particularly in rural areas and the South. In Louisiana, for example, there is just one legal aid lawyer for every 11,250 eligible residents. Legal aid leaders say they already turn away half of those seeking help due to budget constraints, and the proposed funding cut would further limit their reach.Organizations like Southeast Louisiana Legal Services and Legal Aid of North Carolina would lose 40–50% of their funding, jeopardizing services for communities still recovering from recent hurricanes. Legal Services NYC, the largest legal aid provider in the country, has implemented a hiring freeze in anticipation of possible cuts.The proposal revives a long-standing conservative goal. Past Republican efforts to dismantle the LSC date back to the Reagan era, and Trump made a similar attempt in 2018. The Heritage Foundation has accused the LSC of supporting controversial causes, but legal aid advocates argue the organization is vital to community stability and fairness in the justice system.Trump Plan to Ax Legal Aid a Conservative Aim That Targets PoorIn a piece I wrote for Forbes last week, I discuss how the IRS has quietly released the underlying codebase for its Direct File program on GitHub, marking a rare moment of transparency in government software. At the center of this release is something called the “Fact Graph,” a logic engine that models tax rules as interrelated facts rather than a linear checklist. Built using XML and Scala, the Fact Graph interprets ambiguous tax data, identifies contradictions or omissions, and suggests paths forward, all in a transparent, declarative format.What sets this apart is that, unlike proprietary tax software, Direct File's logic isn't hidden—it's open, reviewable, and potentially improvable by anyone. This move not only demystifies some of the inner workings of tax enforcement but also sets a precedent: if algorithms are mediating our legal obligations, we should be able to see and understand the rules they follow.The release is particularly striking in an era of eroding public trust in institutions and increasing reliance on automated decision-making. While Direct File itself remains limited in scope and its future uncertain, the open-sourcing of its logic engine may have laid the groundwork for broader change. Other agencies—from state tax departments to those experimenting with AI-driven policy enforcement—could adopt similar transparency, allowing the public to engage with and even help refine the systems that govern them.Peeking Behind The Code—IRS Just Open-Sourced Direct FileThis week's closing theme is by Robert Schumann and comes courtesy of Christopher Zbinden. This week's closing theme is Robert Schumann's Toccata in C major, Op. 7, a dazzling showcase of Romantic-era pianism and one of the most technically demanding works in the standard repertoire. Composed in 1830 and revised in 1833, the piece earned a reputation early on as a pianist's Everest—Franz Liszt himself dubbed it “the hardest piece ever written.” Clocking in at just over five minutes when played at tempo, it's a relentless whirlwind of perpetual motion, requiring both physical stamina and interpretive precision.The toccata form, traditionally a virtuosic keyboard piece emphasizing dexterity, becomes in Schumann's hands something more cerebral. Beneath its bravura surface lies a structure built on two contrasting themes, developed with intricate counterpoint and rhythmic displacement. The left hand must execute rapid repeated notes and wide leaps with precision, while the right weaves through syncopated figures and chromatic runs, creating a dense musical texture.Schumann dedicated the piece to his friend Ludwig Schuncke, who had recently died at the age of 23. That personal connection adds an emotional layer to a work that might otherwise be heard as pure technical spectacle. Unlike many showpieces of the era, Schumann's Toccata isn't just difficult for difficulty's sake—it's an expression of obsession, energy, and youthful ambition.For a composer better known for lyrical piano miniatures, the Toccata is an early signal of the depth and range Schumann would explore in later works. As this week closes, it offers a fitting sendoff: intricate, driven, and a little manic—in the best Romantic sense of the word.Without further ado, Robert Schumann's Toccata in C major, Op. 7 – enjoy! This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: Henderson v. United States DecidedOn June 5, 1950, the United States Supreme Court issued its decision in Henderson v. United States, 339 U.S. 816 (1950), a significant civil rights ruling concerning racial segregation in interstate transportation. Elmer W. Henderson, an African American passenger, had been denied equal dining services on a train operated by the Southern Railway Company under a policy that enforced segregation. Although a dining car had a partition supposedly to accommodate Black passengers, in practice Henderson was often unable to access equivalent service due to timing and seat availability.The case reached the Supreme Court after the Interstate Commerce Commission failed to provide meaningful relief. In a unanimous opinion written by Justice Fred Vinson, the Court held that the railway's practices violated the Interstate Commerce Act, particularly its provision requiring carriers to provide equal treatment and avoid undue prejudice. Importantly, the Court based its reasoning not on constitutional grounds (such as the Equal Protection Clause of the 14th Amendment), but on statutory interpretation, finding that the carrier's conduct constituted an unjust and unreasonable discrimination.This ruling marked an early and important step toward dismantling legally sanctioned segregation in public accommodations, prefiguring later landmark decisions like Brown v. Board of Education (1954). Although not framed as a constitutional equal protection case, Henderson nonetheless contributed to the legal groundwork of the civil rights movement and challenged the legitimacy of the “separate but equal” doctrine in practical terms.SAP, Europe's largest software company, has petitioned the U.S. Supreme Court to overturn a decision that revived an antitrust lawsuit brought by its competitor, Teradata. The case centers on allegations that SAP unlawfully tied its business-planning applications to a required purchase of its own database software, which competes with Teradata's products. SAP argues that such software integration benefits consumers and constitutes healthy competition, not anti-competitive conduct.The lawsuit was initially filed by California-based Teradata in 2018 after the companies ended a joint venture. SAP had prevailed in the lower court, but the 9th U.S. Circuit Court of Appeals reversed that decision in December, stating a jury should decide the case. SAP's petition criticizes the appellate court's reliance on a version of the “per se rule,” under which the conduct is presumed illegal without a detailed analysis. Instead, SAP advocates for applying the more nuanced “rule of reason” standard, which considers both competitive harms and justifications.SAP also claims the ruling conflicts with how a different federal appeals court treated a similar antitrust issue in the historic Microsoft case. The Supreme Court has not yet decided whether to hear the case.This case hinges on the concept of “tying,” where a company conditions the sale of one product on the purchase of another, potentially stifling competition. It's significant because whether courts apply a strict “per se” rule or the more flexible “rule of reason” can dramatically affect the outcome in such antitrust disputes.Tech giant SAP asks US Supreme Court to reconsider rival's antitrust win | ReutersA federal judge in Washington, D.C., has dismissed a lawsuit filed by three Democratic Party committees accusing President Donald Trump of trying to undermine the independence of the Federal Election Commission (FEC). U.S. District Judge Amir Ali ruled that the Democratic National Committee, the Democratic Senatorial Campaign Committee, and the Democratic Congressional Campaign Committee failed to demonstrate any “concrete and imminent injury” necessary to sustain a legal challenge.The lawsuit, filed in February 2025, contested an executive order issued by Trump that aimed to increase White House control over independent federal agencies, including the FEC. The order stated that the legal views of the president and the attorney general would be “controlling” for federal employees and prohibited them from expressing opposing positions. Democrats claimed this language threatened the FEC's independence and could deter campaign planning.Judge Ali, however, noted that administration lawyers had assured the court that the executive order would not be used to interfere with the FEC's decision-making. He also found the plaintiffs' concerns too speculative, emphasizing that the Supreme Court requires a demonstrated change in the relationship with the agency in question, which the plaintiffs had not shown.The judge's decision hinged on the plaintiffs' lack of standing, a fundamental requirement in federal court. To proceed with a lawsuit, plaintiffs must show a specific, actual, or imminent injury caused by the defendant. In this case, speculative harm and vague concerns about agency behavior were insufficient. This principle helps prevent courts from weighing in on political disputes where no direct harm can be proven.Trump defeats Democrats' lawsuit over election commission independenceThe Trump administration is pursuing a new $25 million contract to allow U.S. Immigration and Customs Enforcement (ICE) to conduct DNA testing on families facing deportation. The goal, according to ICE, is to verify family relationships—but critics warn the program could lead to unnecessary family separations, especially in cases involving non-biological caregivers like godparents. Civil rights advocates also raise concerns that the DNA data could be misused for unrelated criminal investigations and stored indefinitely.The contract was initially awarded in May to SNA International, a firm specializing in forensic identification. However, Bode Cellmark Forensics filed a protest with the Government Accountability Office, arguing the contract wasn't competitively bid. ICE subsequently issued a stop-work order on the contract pending resolution of the protest, with a decision expected by September 2.This is not ICE's first attempt at rapid DNA testing. A similar program began in 2019 during Trump's first term to detect alleged “fraudulent” parent-child relationships, often targeting migrant families. Though handed over to Customs and Border Protection in 2021, the Biden administration ended it in 2023. Reports since then have highlighted issues with consent, with some migrants mistaking DNA swabs for COVID-19 tests or feeling coerced into participation under threat of legal consequences.Privacy advocates argue that such widespread collection of genetic data lacks transparency and oversight. The Georgetown Law Center on Privacy and Technology recently sued the Department of Homeland Security for failing to provide records on how DNA samples from migrants are collected and stored.The revived DNA testing raises key legal questions about informed consent and the scope of data use by federal agencies. When individuals are unaware of what they're consenting to—or coerced into it—the practice may violate federal standards for ethical data collection, especially under the Privacy Act and due process protections.ICE Moves to DNA-Test Families Targeted for Deportation with New Contract This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: 19th Amendment Passed in SenateOn June 4, 1919, the U.S. Congress passed the 19th Amendment, marking a turning point in American constitutional and civil rights history. The amendment stated simply that the right to vote "shall not be denied or abridged... on account of sex," legally enfranchising millions of women. The road to this moment was long and contentious, spanning more than seven decades of organized activism. Early suffragists like Elizabeth Cady Stanton and Susan B. Anthony laid the groundwork in the 19th century, while a new generation, including Alice Paul and the National Woman's Party, employed more confrontational tactics in the 1910s.Although the House of Representatives had passed the amendment earlier in the year, the Senate had repeatedly failed to approve it. The June 4 vote in the Senate—passing by just over the required two-thirds majority—was the final congressional hurdle. The legislative victory came amid shifting national sentiment, in part due to women's contributions during World War I and growing pressure from suffrage organizations.The amendment was then sent to the states, needing ratification by three-fourths to become law. That process concluded over a year later with Tennessee's pivotal ratification on August 18, 1920. The 19th Amendment was certified on August 26, finally making women's suffrage the law of the land. This day marks not just a legal transformation but the culmination of one of the most significant civil rights struggles in U.S. history.Disbarred attorney Tom Girardi was sentenced to 87 months in federal prison for stealing $15 million in settlement funds from his clients. U.S. District Judge Josephine Staton also imposed a $35,000 fine and ordered Girardi to pay over $2.3 million in restitution. The sentence followed his August 2024 conviction on four counts of wire fraud. Girardi, who turned 86 on the day of his sentencing, had sought leniency due to age, liver issues, and dementia claims, but the court found him competent and sided with prosecutors who sought a significant term.Girardi's legacy was once tied to his successful pollution suit against Pacific Gas and Electric—dramatized in the film Erin Brockovich. However, his downfall involved stealing settlement funds in various personal injury cases, including millions owed to families of victims of the 2018 Boeing 737 MAX crash. A federal judge in Chicago recently dismissed related charges, citing the active California case, though the prosecution of Girardi's son-in-law, David Lira, is still set to proceed there. Lira denies wrongdoing.At trial, Girardi blamed the fraud on Christopher Kamon, his firm's former CFO, who has already been sentenced to over ten years after pleading guilty. Girardi's attorneys continue to claim cognitive decline, but the court maintained that he was mentally fit to face justice.Lawyer Tom Girardi sentenced to 87 months in prison for wire fraud | ReutersA federal appeals court is set to hear its first case reviewing the constitutionality of Donald Trump's executive order limiting birthright citizenship. The 9th U.S. Circuit Court of Appeals will hear arguments in Seattle as the Trump administration appeals a nationwide injunction issued by U.S. District Judge John Coughenour, who called the order “blatantly unconstitutional.” The directive, signed by Trump on January 20, his first day back in office, seeks to deny citizenship to U.S.-born children whose parents are neither U.S. citizens nor lawful permanent residents.Critics—including 22 Democratic attorneys general and immigrant advocacy groups—argue the order violates the 14th Amendment, which has long been interpreted to grant citizenship to nearly anyone born on U.S. soil. Federal judges in Massachusetts and Maryland have also issued rulings blocking the order. Meanwhile, the Supreme Court, which heard related arguments on May 15, is considering whether to limit lower courts' power to issue nationwide injunctions rather than deciding on the constitutionality of the policy itself.If implemented, the order could deny citizenship to over 150,000 newborns annually, according to the plaintiffs. The lawsuit before the 9th Circuit was filed by several states and individual pregnant women. The three-judge panel includes two Clinton-era appointees and one Trump appointee, potentially shaping the outcome. The administration maintains that birthright citizenship doesn't apply to children of undocumented or temporary-status immigrants, a stance at odds with long-standing interpretations of the 14th Amendment.To be clear, this case revolves around the Citizenship Clause of the 14th Amendment. This clause states, “All persons born or naturalized in the United States... are citizens of the United States,” forming the basis of birthright citizenship. The case centers on how this clause should be interpreted, making it the key constitutional question in this challenge. On the side of birthright citizenship is, frankly, the plain language of the amendment. On the side of the executive order are racists and racist people without basic reading comprehension – full stop. There is no “other side” here, and there is no real debate. Ultimately the courts may decide to pretend there is some nuance, but that changes nothing about the clear language of the amendment. Trump's birthright citizenship order to face first US appeals court reviewA group of former U.S. Department of Health and Human Services (HHS) employees has filed a class action lawsuit against HHS Secretary Robert F. Kennedy Jr. and Elon Musk, alleging that their departments used flawed data to justify the firing of 10,000 federal workers. The lawsuit, filed in the U.S. District Court for the District of Columbia, claims that HHS and the Department of Government Efficiency (DOGE), which Musk leads, violated the 1974 Privacy Act by using inaccurate personnel records during a mass reduction in force (RIF).The plaintiffs argue that the agencies relied on data riddled with errors, including incorrect performance reviews, job descriptions, and office locations. One named plaintiff, Catherine Jackson, reportedly received an RIF notice based on false performance ratings. Another, Melissa Adams, was allegedly terminated by officials who didn't even know her work location.The lawsuit seeks at least $1,000 in damages per affected employee and a court declaration that the government's actions were unlawful. The complaint also suggests that the terminations were ideologically driven, referencing a troubling incident where an FDA employee was warned by a man invoking DOGE shortly before receiving her RIF notice.The mass firings, which began April 1, impacted key HHS agencies like the CDC, FDA, and NIH. Kennedy defended the cuts as part of a broader reorganization to address chronic disease. The plaintiffs, however, see the action as a politically motivated purge that disregarded legal safeguards.By way of brief background, the Privacy Act of 1974 mandates that federal agencies maintain accurate records when making decisions that adversely affect individuals. It is central to the lawsuit because the plaintiffs claim their terminations were based on data that was factually wrong, violating this statutory requirement.RFK Jr., Musk Accused of Using Faulty Data in Firing HHS WorkersA new conflict over federal spending power is emerging between the Trump White House and the Government Accountability Office (GAO), centered on a $5 billion electric vehicle infrastructure program. The GAO recently concluded that the Trump administration's pause of the National Electric Vehicle Infrastructure (NEVI) grants—originally authorized under President Biden's 2021 infrastructure law—violated the Impoundment Control Act of 1974, which prohibits presidents from withholding funds for policy reasons. In response, the White House issued a sharply worded memo instructing the Department of Transportation to disregard the GAO's opinion entirely.The memo, written by OMB general counsel Mark Paoletta, accuses the GAO of partisan bias and undermining President Trump's “historic and lawful spending reforms.” It signals a broader strategy to challenge the authority of congressional watchdogs and reframe presidential control over budget implementation. This dispute could serve as the first legal test of Trump's intent to challenge the constitutionality of the Impoundment Act itself.The delay in EV funding is part of a broader rollback of Biden-era policy priorities, including guidance on equity and charger placement. Meanwhile, the administration has proposed over $9 billion in spending rescissions, aimed at areas like public broadcasting and foreign aid, under Trump's Department of Government Efficiency initiative. Advisors have floated a tactic called “pocket rescission,” a timing strategy that critics argue violates legal requirements for obligating federal funds.This isn't the first time a president has clashed with GAO over spending powers—Trump and Biden both previously faced scrutiny for pauses in Ukraine aid and border wall funds, respectively. However, the White House's open defiance of GAO marks a significant escalation in an ongoing constitutional debate over who ultimately controls the federal purse.More specifically, the Impoundment Control Act of 1974 restricts the executive branch from withholding or delaying funds Congress has appropriated unless explicitly authorized. It plays a central role in this dispute, as the GAO argues Trump's delay of NEVI grants constitutes an illegal impoundment, while the administration disputes the law's constitutionality and GAO's oversight role.White House Memo on EV Grants Sets Up Fight Over Spending Power - Bloomberg This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: National Defense ActOn June 3, 1916, President Woodrow Wilson signed the National Defense Act into law, marking a major shift in American military and legal policy. Passed amid growing tensions related to World War I, the Act dramatically expanded the U.S. Army and strengthened the National Guard, officially integrating it as the Army's primary reserve force. It increased the size of the Regular Army to over 175,000 soldiers and provided for a National Guard force of over 400,000 when fully mobilized. The law also created the Reserve Officers' Training Corps (ROTC), formalizing military education at civilian colleges and universities across the country.Crucially, the Act clarified federal authority over the National Guard, requiring units to conform to federal training standards and granting the president the power to mobilize them for national emergencies. This federalization of a traditionally state-controlled force marked a significant legal development in the balance between state and federal military power. It addressed long-standing constitutional ambiguities surrounding the militia clauses and reflected evolving views of national defense in a modern industrial society.The Act emerged from broader preparedness debates within the U.S. political and legal spheres, balancing isolationist tendencies with the perceived need for greater military readiness. Though the U.S. would not enter World War I until 1917, the National Defense Act of 1916 laid essential legal groundwork for rapid mobilization. It remains a foundational statute for the structure of the modern U.S. military.The U.S. Supreme Court declined to hear two significant Second Amendment challenges involving bans on assault-style rifles and high-capacity magazines in Maryland and Rhode Island. By refusing the appeals, the Court left in place lower court rulings upholding the restrictions. Maryland's law, enacted after the 2012 Sandy Hook shooting, bans certain semi-automatic rifles like the AR-15, while Rhode Island's 2022 law prohibits magazines holding more than 10 rounds. Plaintiffs in both cases argued that these weapons and accessories are commonly owned by law-abiding citizens and thus protected by the Constitution.The Court's conservative bloc showed signs of division. Justices Thomas, Alito, and Gorsuch dissented, indicating they would have reviewed the bans. Justice Kavanaugh did not dissent but issued a statement expressing openness to hearing similar cases in the future, suggesting that the Court would eventually need to rule on whether AR-15s are constitutionally protected.Lower courts rejected the challenges based on the weapons' military-style design and their use in mass killings, reasoning that they are not suitable for self-defense and thus fall outside Second Amendment protection. The challengers contended that these laws ignore the Court's prior rulings on weapons in “common use.” Despite recent decisions expanding gun rights, the justices allowed these bans to stand for now.US Supreme Court won't review assault weapon, high-capacity magazine bans | ReutersThree federal lawsuits filed on June 2, 2025, allege that major class action settlement administrators and two banks engaged in a kickback scheme that siphoned funds away from class members. The suits, brought in New York, Florida, and California, accuse Epiq Solutions, Angeion Group, and JND Legal Administration of securing illicit payments from Huntington National Bank and Western Alliance Bank in exchange for directing large volumes of settlement deposits to them. In return, the administrators allegedly received a share of the banks' profits.Plaintiffs claim the scheme dates back years and coincided with rising interest rates in 2021, which increased the potential value of settlement fund deposits. According to the lawsuits, administrators threatened to stop using the banks unless they shared profits. As a result, class members allegedly received lower payouts due to below-market interest rates on their settlement funds.Together, the defendant banks are said to control over 80% of the U.S. settlement fund market, while the administrators manage over 65% of class action services. The plaintiffs argue this arrangement violated U.S. antitrust law by reducing competition and fixing prices. JND and Western Alliance have denied wrongdoing, calling the claims baseless or inaccurate. Huntington declined to comment, and other parties have yet to respond.Class action administrators, banks accused of kickback scheme in new lawsuits | ReutersMy column for Bloomberg this week looks at Spain's proposed 100% tax on non-EU homebuyers, introduced as a bold fix for the country's deepening housing crisis. The government is responding to surging public frustration over exploding rents—up more than 60% in Barcelona in five years—and the sense that local housing is being turned into an asset class for absentee owners. But while the policy grabs attention, I argue it misses the real target. The problem isn't who owns the homes—it's how those homes are being used. A blanket nationality-based tax is a blunt instrument that's economically ineffective, legally risky under EU and international law, and symbolically inflammatory.Instead, I suggest a more focused approach: taxing speculative flipping and underutilization directly. A resale tax on homes sold within a short holding period, calibrated by how quickly they're flipped, would discourage fast-moving speculation without penalizing genuine residents or workers. Similarly, a progressive vacancy tax—getting steeper the longer a property remains empty—would address the roughly four million vacant or underused homes across Spain. These tools would pressure banks and investors to put housing back into circulation while raising revenue for public housing initiatives.Critically, these proposals are neutral as to the owner's nationality. Whether a home is owned by a Spanish bank, a Canadian retiree, or a U.S. fund manager, what matters is whether it's being used as shelter or as a sidelined asset. The column makes the case that Spain's housing crisis won't be solved by turning foreign investors into political scapegoats, but by confronting speculative behaviors that choke supply and inflate prices—regardless of the flag the buyer flies. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: Timothy McVeigh ConvictedOn June 2, 1997, Timothy McVeigh was convicted by a federal jury for his role in the deadliest act of domestic terrorism in U.S. history at the time—the 1995 bombing of the Alfred P. Murrah Federal Building in Oklahoma City. The attack killed 168 people, including 19 children, and injured hundreds more. McVeigh, a Gulf War veteran, carried out the bombing using a truck packed with explosives parked in front of the building. The trial, held in Denver due to pretrial publicity concerns in Oklahoma, lasted over five weeks and featured powerful testimony from survivors and victims' families.The jury found McVeigh guilty on all 11 counts, including conspiracy to use a weapon of mass destruction and eight counts of first-degree murder for the deaths of federal law enforcement personnel. His conviction marked a pivotal moment in how the U.S. viewed and responded to homegrown terrorism. Eleven days later, McVeigh was sentenced to death by lethal injection, a sentence he did not appeal.McVeigh's case underscored the rise of anti-government extremism in the 1990s and prompted a reevaluation of domestic security protocols. It also led to legislative changes, including the Antiterrorism and Effective Death Penalty Act of 1996, which aimed to streamline federal habeas corpus appeals and enhance penalties for terrorism-related offenses. McVeigh was executed in 2001, the first federal execution in 38 years.The U.S. Supreme Court recently handed key legal victories to President Donald Trump's administration on immigration, allowing it to proceed with controversial deportation policies. The Court lifted lower court orders that had blocked the termination of humanitarian parole and temporary protected status for over 800,000 migrants, including many from Venezuela, Cuba, Haiti, and Nicaragua. Though these rulings advanced Trump's hardline agenda, the justices also expressed concern over the fairness of how deportations are being carried out, particularly regarding due process rights.In multiple rulings, the Court emphasized that even non-citizens, including alleged gang members, are entitled to proper notice and the opportunity to contest deportation. In one case, it blocked an attempt to quickly remove migrants from a Texas detention center without giving them enough time or information to respond legally. The justices also limited the administration's use of the 1798 Alien Enemies Act to deport Venezuelan migrants, a law historically used only during wartime.The Court also ordered the administration to assist in returning a wrongly deported migrant, Kilmar Abrego Garcia, to the U.S.—a directive that has yet to be fulfilled. Legal experts note that while the Court has tried to rein in some of the administration's most extreme actions, it continues to show broad deference to presidential authority over immigration. This deference was evident as the justices issued high-impact rulings without written explanation, stripping legal protections from hundreds of thousands of migrants.Pending cases before the Court include challenges to Trump's attempt to limit birthright citizenship and to expand deportations to unstable third countries like South Sudan. A lower court found the administration violated migrants' rights by attempting such deportations without adequate legal process.Trump gets key wins at Supreme Court on immigration, despite some misgivings | ReutersA federal judge has blocked the Trump administration from invalidating work permits and legal status documents for approximately 5,000 Venezuelan migrants, despite the U.S. Supreme Court recently allowing broader termination of protections for hundreds of thousands under the Temporary Protected Status (TPS) program. U.S. District Judge Edward Chen ruled that Homeland Security Secretary Kristi Noem likely overstepped her authority by voiding these documents in February while ending TPS for Venezuelans more generally.Although the Supreme Court lifted Chen's earlier injunction halting the broader termination of TPS on May 19, it did not preclude migrants from challenging the cancellation of individual documents tied to the program. These documents were issued after President Biden extended TPS protections for Venezuelans through October 2026. Judge Chen found that nothing in the TPS statute allowed the Secretary to retroactively invalidate permits already granted.The decision safeguards the legal status of the small subset of Venezuelans who possess these documents, allowing them to remain employed and protected from deportation. Chen emphasized that the relatively low number—around 5,000—undermines arguments that their continued presence poses economic or national security risks. The ruling comes just hours after the Supreme Court allowed the Trump administration to end a separate parole program affecting over half a million migrants from four countries.US judge blocks Trump from invalidating 5,000 Venezuelans' legal documents | ReutersGoogle announced it will appeal a recent antitrust ruling that found the company unlawfully maintained a monopoly in online search, even as a federal judge considers less aggressive remedies than those sought by U.S. antitrust enforcers. U.S. District Judge Amit Mehta recently concluded a trial over how to address Google's dominance, with the Justice Department and a coalition of states advocating for strong structural changes—such as forcing Google to divest parts of its ad tech business and cease paying Apple and other companies to remain the default search engine.In response, Google reiterated its disagreement with the original decision, arguing that the Court erred and expressing confidence in its planned appeal. Antitrust officials have pushed for remedies that include requiring Google to share search data and end exclusive agreements they claim restrict market competition, particularly in the evolving field of AI-driven search.At the hearing, Google's attorney John Schmidtlein noted the company has already taken steps to improve competition, such as ending exclusive deals with smartphone manufacturers and wireless carriers. This, Google argues, allows for more freedom to include rival search and AI applications on devices.Google says it will appeal online search antitrust decision | ReutersPBS has filed a lawsuit against Trump over an executive order that cuts federal funding to the public broadcaster, calling the move a violation of the First Amendment. The complaint, filed in a Washington, D.C. federal court, argues that Trump's May 1 order is an act of viewpoint discrimination because it targets PBS over the content of its programming. PBS claims the funding cut is a retaliatory response to perceived political bias in its coverage, amounting to unconstitutional government interference in free speech.The order instructs the Corporation for Public Broadcasting (CPB) to halt financial support for both PBS and NPR. PBS stated that while CPB provides only 16% of its overall budget, the ban would also affect local member stations that rely on federal support and contribute 61% of PBS's funding through dues. PBS and Lakeland PBS, a Minnesota-based station, are plaintiffs in the case, arguing that the executive order would destabilize public television across the country.The Trump administration defended the cuts as a necessary step to prevent public funds from supporting what it labeled partisan or ideologically driven programming. NPR has also filed a separate lawsuit to block the order. The CPB, which receives congressional funding two years in advance to minimize political interference, previously sued Trump over his attempt to remove board members.PBS sues Trump to reverse funding cuts | Reuters This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: Trump Guilty on All CountsOn this day in legal history, May 30, 2024, President Donald J. Trump was convicted on all 34 felony counts in a criminal trial related to a hush money scheme during the 2016 presidential campaign. The case centered on falsified business records used to conceal payments made to adult film actress Stormy Daniels, intended to silence her allegations of an affair in the run-up to the election. The charges—each tied to entries in the Trump Organization's internal ledger—were elevated to felonies on the basis that they were committed in furtherance of another crime, namely influencing the outcome of a federal election.The trial, held in New York State Supreme Court, marked an unprecedented legal moment in U.S. history: a former president, and presumptive candidate in the upcoming election, being found guilty of criminal conduct. Prosecutors argued that Trump orchestrated the payments to suppress damaging information and maintain his electoral chances, while his defense claimed the case was politically motivated and the records reflected routine legal expenses.The conviction did not bar Trump from running for office again, but it did raise serious constitutional, electoral, and logistical questions about the rule of law and the separation of powers. The verdict was reached by a jury of 12 New Yorkers after weeks of testimony from former aides, prosecutors, and key witnesses like Michael Cohen, Trump's onetime fixer.Trump's sentencing was scheduled for a future date, and appeals were expected. Reactions across the political spectrum were predictably polarized, with critics calling it accountability at last, while supporters denounced the trial as a miscarriage of justice. Legal scholars noted the symbolic weight of the decision in reaffirming that no one—including a former president—is above the law.The U.S. Department of Justice and several states are wrapping up a major antitrust case against Google, with closing arguments scheduled for Friday. At issue is whether Google must sell its Chrome browser and stop default search engine deals with companies like Apple and wireless carriers, which the DOJ says stifles competition. These proposals follow a prior court finding that Google unlawfully monopolized online search and advertising markets.Judge Amit Mehta, who is presiding over the case, expects to issue a ruling by August. The DOJ is also pushing for Google to share its search data, which could benefit AI companies. OpenAI has expressed interest in purchasing Chrome if a divestiture occurs and noted that access to Google's search data would improve its AI responses.Google argues that the DOJ's proposed remedies overreach and would unfairly advantage competitors. The company has already taken some steps, such as loosening default search engine deals with phone manufacturers like Samsung. However, the government wants a full ban on payments that secure Google's search dominance on devices.Google and DOJ to make final push in US search antitrust case | ReutersA federal appeals court has temporarily reinstated President Trump's wide-ranging tariffs after a lower trade court ruled they exceeded presidential authority. The stay, issued by the U.S. Court of Appeals for the Federal Circuit, allows the tariffs—targeting imports from most trading partners and specifically Canada, Mexico, and China—to remain in effect while the appeals process unfolds. The plaintiffs and the government must submit legal arguments by early June.The U.S. Court of International Trade previously found that Trump misused the International Emergency Economic Powers Act (IEEPA), which is designed for national emergencies, not trade disputes. The panel emphasized that Congress, not the president, holds constitutional power to impose tariffs. Trump and his administration remain defiant, vowing to pursue alternative legal pathways if needed. Trump criticized the ruling publicly, warning it would weaken presidential power and harm national interests.Financial markets responded cautiously, factoring in the likelihood of a drawn-out legal process. Some companies, like small businesses represented by the Liberty Justice Center, argue the tariffs threaten their survival due to disrupted supply chains. Broader economic impacts include $34 billion in losses and stalled negotiations with key partners. Notably, separate national security-based tariffs on steel, aluminum, and cars remain unaffected.Trump's tariffs to remain in effect after appeals court grants stay | ReutersTrump's latest tax-and-spending bill, dubbed the "One Big Beautiful Bill Act," includes a provision that could significantly limit federal courts' power to enforce contempt orders against the government. The measure, buried in the 1,100-page bill, would block courts from enforcing contempt if plaintiffs did not post a monetary bond when seeking an injunction—a practice rarely required in lawsuits against the government.The provision applies retroactively and would affect both lower courts and the Supreme Court. Critics say it could effectively prevent courts from holding government officials accountable for ignoring judicial orders, as most past injunctions didn't involve posted bonds. While the administration says the measure is aimed at deterring frivolous lawsuits, legal experts warn it undermines judicial authority and incentivizes noncompliance.This change comes after a Trump administration memo encouraged agencies to request bonds in litigation. Judges have previously flagged possible defiance of court orders by administration officials but have stopped short of issuing contempt rulings. In one recent case over tariffs, a judge set a bond at just $100, overruling a higher request by the government.The House narrowly passed the bill without any Democratic support. It now moves to the Senate, where some Republicans have expressed intentions to amend it. A group of House Democrats has already called for the contempt provision to be removed, arguing it would render courts ineffective in enforcing lawful orders.Trump's sweeping tax-cut bill includes provision to weaken court powers | ReutersThe U.S. Justice Department has asked a judge to dismiss the criminal fraud charge against Boeing tied to two deadly 737 MAX crashes that killed 346 people, following a new agreement with the company. Under the deal, Boeing avoids a felony conviction but will pay an additional $444.5 million into a victims' compensation fund and a $243.6 million fine, bringing the total to $1.1 billion. The sum includes investments in safety, compliance, and quality enhancements.This resolution has drawn strong criticism from families of crash victims and some lawmakers, who argue that Boeing should face trial. While most families have settled civil lawsuits and received billions in compensation, several legal representatives are planning to challenge the agreement. The Justice Department defended the deal, stating it ensures accountability and public benefit while avoiding a potentially uncertain trial outcome.As part of the agreement, Boeing's board must meet with victims' families, and the company will hire a compliance consultant instead of facing court-appointed oversight. The deal halts a planned June 23 trial over Boeing's alleged deception of U.S. regulators regarding a key flight control system implicated in the crashes.US asks judge to dismiss Boeing 737 MAX criminal fraud case | ReutersThis week's closing theme brings us to one of the towering figures of Classical music: Joseph Haydn. Born in 1732 and known as the “Father of the Symphony” and “Father of the String Quartet,” Haydn's influence shaped the musical landscape of his time and set the foundation for generations of composers to come, including his younger contemporaries Mozart and Beethoven. Though widely celebrated for his symphonic and chamber works, Haydn also made remarkable contributions to keyboard music—works that showcase both his wit and structural innovation.Our selection is the first movement, Vivace, from his Keyboard Concerto in D major, Hob. XVIII:11, arguably his most famous and frequently performed keyboard concerto. Composed in the mid-1770s, the piece bursts with energy and clarity, reflecting Haydn's mature style. The Vivace movement is bright, spirited, and rhythmically engaging, with a dialogue between soloist and orchestra that feels playful yet assured.What makes this concerto particularly special is its balance of accessibility and sophistication. The melodies are immediately appealing, but the musical craftsmanship runs deep—complex harmonic turns, sparkling ornamentation, and a joyful momentum that never wanes. In the Classical tradition, this was written for the harpsichord or fortepiano, but it's often performed on modern piano today, bringing a different resonance and brilliance to the sound.As we close the week, Haydn's Vivace offers a fitting send-off: lively, inventive, and rooted in a composer who, even two centuries later, continues to surprise and delight.Without further ado, Joseph Haydn's Vivace – Keyboard Concerto in D Major. Enjoy!  This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History:  The Killing of Maximum JohnOn May 29, 1979, U.S. District Judge John H. Wood Jr. was assassinated outside his home in San Antonio, Texas. Nicknamed “Maximum John” for his reputation of handing down the harshest possible sentences in drug-related cases, Wood had become a prominent figure in the federal judiciary's war on narcotics. His assassination marked the first killing of a sitting federal judge in the 20th century, a grim milestone that shocked the legal community and raised urgent concerns about judicial security. The investigation into Wood's murder quickly became the most extensive and expensive federal inquiry of its time.Attention soon turned to Jamiel “Jimmy” Chagra, a wealthy drug trafficker facing trial before Judge Wood. Fearing a life sentence, Chagra orchestrated the murder by hiring Charles Harrelson, a known hitman and the father of actor Woody Harrelson. Harrelson was reportedly paid $250,000 for the job. Chagra's wife, Elizabeth, played a key role in facilitating communication between her husband and Harrelson, and was later convicted in connection with the plot. Authorities used wiretaps, surveillance, and confidential informants to build their case.Charles Harrelson was eventually convicted of murder and sentenced to two life terms, though he maintained his innocence for years. Jimmy Chagra was acquitted of the murder charge but later admitted his involvement in exchange for a lighter sentence in other cases. The killing of Judge Wood underscored the dangerous intersection of the judiciary and organized drug crime in the late 1970s. It prompted significant reforms in judicial security, including increased protection for judges handling high-risk cases. The case remains one of the most chilling examples of retaliation against a federal judge in American legal history.The Trump administration announced it is rescinding a 2022 Department of Labor (DOL) directive that had discouraged the inclusion of cryptocurrency options in 401(k) retirement plans. The original Biden-era guidance had urged employers to exercise "extreme care" when considering crypto investments for employee retirement accounts. It signaled a shift away from the legally required neutral stance of the DOL's Employee Benefits Security Administration. The 2022 policy had also threatened an investigative program targeting plan sponsors who offered cryptocurrency, either directly or through self-directed brokerage windows.This earlier approach significantly dampened growing interest in crypto within retirement planning, despite companies like Fidelity exploring such offerings. With the Biden guidance now repealed, the Trump administration hopes to renew momentum in this area. However, broader market enthusiasm for alternative investments in 401(k)s has lessened in recent years, making the potential impact of this policy shift uncertain.Trump Boosts Cryptocurrency in 401(k)s by Axing Biden GuidanceThe Trump administration instructed U.S. embassies and consulates to halt the scheduling of new student and exchange visitor visa appointments. This pause comes as the State Department, under Secretary of State Marco Rubio, prepares to implement expanded social media vetting for foreign applicants. According to an internal cable, appointments already scheduled will still be honored, but unfilled slots should be withdrawn. The administration is conducting a review of the screening processes for F, M, and J visa applicants, which is expected to result in new vetting procedures.This decision aligns with the administration's broader immigration agenda, which includes increased deportations and visa revocations. Critics argue that these actions infringe on free speech, particularly in cases where student visa holders have expressed pro-Palestinian views. A Turkish student from Tufts University, for example, was detained for weeks after co-authoring an article critical of Israel.Meanwhile, protests erupted at Harvard University, where students and faculty opposed both the visa freeze and the administration's recent move to revoke Harvard's ability to host international students—who make up about 27% of the student body. The government has accused Harvard of resisting policy reforms and challenged its global academic role.Trump administration halts scheduling of new student visa appointments | ReutersIn a great piece by Mike Masnick over at Techdirt, the spotlight falls on an unusual and troubling scenario at the U.S. Supreme Court: five Justices recused themselves from a single case, Baker v. Coates, because of overlapping financial ties to the same book publisher, Penguin RandomHouse. Four of the recused Justices—Sotomayor, Gorsuch, Barrett, and Jackson—have publishing deals with Penguin, which is a named plaintiff in the case. Alito also recused, though no reason was provided. While watchdogs like Fix the Court praised this as a rare display of ethical self-restraint, Masnick (to my mind, rightly) questions the broader implications.If recusals due to publishing ties become the norm, the Court may be unable to hear any case involving Penguin RandomHouse—a massive player in media litigation. The publisher is involved in major lawsuits, including ones against the Internet Archive and various state book bans, and could soon be in litigation involving AI training data. If too many Justices are conflicted out of hearing such cases, key legal battles may be effectively resolved by lower courts, potentially leading to inconsistent outcomes across jurisdictions.Masnick argues this is a symptom of deeper flaws in Supreme Court ethics. Justices have long accepted book deals, speaking fees, and gifts, often without disclosing or recusing appropriately. Now that some are finally acknowledging conflicts, the Court risks becoming dysfunctional. His provocative solution? Expand the Court to around 100 Justices who rotate in panels, limiting the influence of any one Justice and allowing recusals without impairing the Court's ability to function. Until systemic reform occurs, we're left with a Supreme Court that either ignores ethics or freezes itself into inaction—neither of which bodes well for public trust.When Half The Supreme Court Has Book Deals With The Same Publisher, Who Decides Its Cases? | Techdirt This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History:  Frederic William Maitland BornOn this day in legal history, May 28, 1850, Frederic William Maitland was born in London. Maitland would go on to become one of the most influential legal historians of the 19th century, widely regarded as the father of modern English legal history. Educated at Eton and Trinity College, Cambridge, Maitland initially studied moral sciences before turning to the law. He was called to the bar in 1876 but soon found his true calling in historical scholarship. In 1888, he was appointed Downing Professor of the Laws of England at Cambridge, a post he held until his death in 1906.Maitland's most enduring contribution came through his collaboration with Sir Frederick Pollock on The History of English Law before the Time of Edward I, published in 1895. This seminal work remains a cornerstone of English legal historiography, notable for its rigorous use of original sources and its narrative clarity. Maitland brought a historian's eye to legal development, emphasizing the role of institutions and the evolution of legal ideas over time. His scholarship reshaped the understanding of English common law, highlighting its medieval roots and its organic, often non-linear, development.Beyond his academic writings, Maitland played a critical role in editing and publishing primary legal texts, including year books and medieval court rolls, through his work with the Selden Society, of which he was a founding member. His meticulous editing practices set new standards for legal historical methodology. Despite a relatively short life—he died at 56—Maitland's intellectual legacy continues to influence the study of common law traditions worldwide.A federal judge ruled that a lawsuit brought by 14 states against Elon Musk and the federal agency DOGE could proceed, while dismissing claims against President Donald Trump. U.S. District Judge Tanya Chutkan found that the states had presented a plausible argument that Musk's aggressive cost-cutting measures lacked legal authorization, though she emphasized that courts cannot interfere with a president's official duties.The lawsuit, initiated in February by attorneys general from states including Oregon and New Mexico, argues that Musk has been given sweeping, unchecked authority over federal operations without Senate confirmation or congressional authorization. The states contend this violates constitutional requirements, as Musk has not been formally appointed or confirmed for any federal office.DOGE, a newly formed government efficiency agency led by Musk, has been rapidly eliminating jobs and programs deemed wasteful, sparking significant legal pushback. Since its inception under Trump's second-term reforms, roughly 20 related lawsuits have emerged, with courts issuing mixed rulings. Critics argue the agency operates outside constitutional bounds, while supporters claim it is essential to fiscal reform.US judge allows states' lawsuit against DOGE to proceed | ReutersA federal judge ruled that President Donald Trump's executive order against law firm WilmerHale was unconstitutional, marking the third time courts have rejected such orders targeting legal opponents. U.S. District Judge Richard Leon concluded that Trump's order retaliated against WilmerHale for hiring Robert Mueller, violating the firm's rights to free speech and due process. Mueller, a former special counsel, led the investigation into Russian interference in the 2016 election—a probe Trump has long criticized.The executive order sought to strip WilmerHale's attorneys of security clearances, ban the firm from federal buildings, and block its clients from receiving government contracts. Judge Leon described the move as a “staggering punishment” that undermined the firm's ability to function and penalized it for protected political expression. WilmerHale celebrated the ruling, asserting that it upholds critical constitutional principles.This decision follows similar rulings by Judges Beryl Howell and John Bates, who struck down Trump's executive orders targeting Perkins Coie and Jenner & Block, respectively. A fourth ruling is pending regarding Susman Godfrey. The Department of Justice has defended the orders, insisting they fall within the president's authority, and may appeal Leon's decision.Some firms, such as Paul Weiss and Latham & Watkins, reached agreements with the Trump administration to avoid penalties by pledging nearly $1 billion in pro bono services. These deals have sparked concern within the legal industry, with critics warning they reflect dangerous capitulation to political pressure.Judge bars Trump order against law firm tied to Robert Mueller | ReutersWilmerHale Wins Quick Ruling Against Trump's Executive Order (2)U.S. District Judge Lewis Liman temporarily blocked the Trump administration from rescinding federal approval and funding related to New York City's congestion pricing program. The judge's order came just one day before the U.S. Department of Transportation, under Secretary Sean Duffy, was set to begin withholding environmental approvals and project funds from the city and state. The Trump administration had revoked the program's federal green light in February, arguing it unfairly burdened drivers and lacked a free highway alternative. New York officials, including Governor Kathy Hochul and the Metropolitan Transportation Authority (MTA), sued to stop the federal rollback, calling the move politically motivated and unconstitutional.The congestion pricing program, which began in January, charges most vehicles $9 during peak hours to enter Manhattan below 60th Street. Designed to reduce traffic and fund transit improvements, the initiative has shown clear signs of success in its first 100 days. Traffic congestion has dropped significantly, with up to 6 million fewer cars entering lower Manhattan compared to the same period a year ago. Commutes through bottlenecks like the Holland Tunnel have seen delays cut by nearly half, and traffic-related injuries in the zone have also declined by about 50%.Other measurable benefits include a 70% drop in complaints about excessive car-honking and improved bus speeds to the point that some drivers have to slow down to stay on schedule. Economic indicators like Broadway ticket sales and pedestrian foot traffic are up, suggesting that the tolls haven't deterred business as critics warned. Public transit ridership has also increased, particularly on the LIRR and Metro-North, reinforcing that many former drivers are switching to trains.Despite early skepticism and political backlash—including Trump's own social media mockery of the program—the numbers show that congestion pricing is working. The MTA expects to raise about $500 million this year, funding upgrades like subway elevators, electric buses, and the next phase of the Second Avenue Subway. While final legal outcomes remain uncertain, for now, both traffic and funding are moving in the right direction.US judge temporarily blocks Trump administration from killing New York congestion program | ReutersHow Well Is Congestion Pricing Doing? Very. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History:  Schecter Poultry Corp DecidedOn May 27, 1935, the U.S. Supreme Court issued a landmark decision in A.L.A. Schechter Poultry Corp. v. United States, delivering a major blow to President Franklin D. Roosevelt's New Deal. In a unanimous ruling, the Court struck down the National Industrial Recovery Act (NIRA), a cornerstone of Roosevelt's economic recovery plan during the Great Depression. The case centered on the Schechter brothers, who ran a poultry business in Brooklyn and were charged with violating fair competition codes established under NIRA. The Court held that the NIRA unlawfully delegated legislative power to the executive branch without clear standards, violating the nondelegation doctrine.The justices also found that the federal government had overreached its authority by regulating purely intrastate commerce. The Schechters' business operated entirely within New York, and the Court concluded it had only an indirect effect on interstate commerce—placing it beyond Congress's regulatory power under the Commerce Clause. Chief Justice Charles Evans Hughes, writing for the Court, emphasized the need for separation of powers and warned against unchecked executive authority.This ruling sharply curtailed New Deal programs that relied on broad executive discretion and forced the Roosevelt administration to reconsider its legislative strategies. It also marked one of the last major uses of the nondelegation doctrine to invalidate federal legislation. While the doctrine has since faded in use, the decision remains a potent symbol of judicial limits on federal power. The Schechter case underscored the constitutional requirement that Congress, not the president, must make the laws, and that those laws must respect the boundaries of federalism.The U.S. Supreme Court has temporarily blocked a lower court's order that would have required the Department of Government Efficiency (DOGE), created by President Trump and closely associated with Elon Musk, to turn over records and allow a top official, Amy Gleason, to testify. Chief Justice John Roberts granted the administrative stay without comment, giving the Court time to consider whether a longer pause is warranted. The case, brought by Citizens for Responsibility and Ethics in Washington (CREW), hinges on whether DOGE qualifies as a federal agency under the Freedom of Information Act (FOIA), which would subject it to transparency requirements.The Trump administration argues DOGE is not covered by FOIA and has pushed back against efforts to obtain discovery—evidence and testimony—from the office. A federal judge had previously authorized limited discovery to help determine DOGE's legal status, which led to the administration's emergency appeal to the Supreme Court. The Justice Department claims this process threatens the separation of powers by exposing a presidential advisory body to scrutiny.CREW contends the administration is trying to bypass judicial review and shield the office from public accountability. Though Elon Musk is seen as the public face of DOGE, the administration denies he holds any formal role. The Court's intervention pauses imminent deadlines for DOGE to release records and participate in depositions, but a full ruling on the core legal question remains pending.Supreme Court Pauses Order for DOGE Records and Testimony - BloombergA federal judge has ordered the Trump administration to help a gay Guatemalan man, identified as O.C.G., return to the United States after he was wrongfully deported to Mexico. The man had fled Guatemala due to threats linked to his sexuality and was granted protection by an immigration judge. However, just two days after that ruling, U.S. officials mistakenly deported him to Mexico, where he had previously been raped and kidnapped.U.S. District Judge Brian Murphy, based in Boston, issued the order after the Justice Department admitted it had no evidence that O.C.G. was ever asked about fears of being sent to Mexico, contradicting earlier claims. The judge called the situation a "horror" and emphasized that the man had been denied his constitutional right to due process. The case is part of a broader class action challenging the administration's deportation practices, particularly efforts to send individuals to third countries without assessing safety concerns.Murphy had already ruled that deportations under such conditions violated due process protections. The ruling also follows similar failures by the administration, including the wrongful deportation of another protected individual to El Salvador. O.C.G.'s legal team, now working on a return plan, said he chose to return to Guatemala and went into hiding after facing long asylum wait times in Mexico.US judge orders Trump administration to facilitate return of Guatemalan deportee | ReutersMy column for Bloomberg this week dives into a deceptively boring topic that's quietly poised to become a compliance headache: killing the penny. On the surface, it's a monetary housekeeping item. But as I argue, the downstream effects—particularly for state sales tax systems—are anything but trivial.The central problem isn't emotional attachment to small coins. It's rounding—specifically, how states choose to round transactions in a penny-free world. If states start rounding tax amounts instead of total amounts, or worse, do it differently depending on whether someone pays in cash or by card, they're walking straight into a legal buzzsaw. The Internet Tax Freedom Act (ITFA) bars discriminatory treatment of electronic commerce. And no, that doesn't only apply to online transactions—if digital payments consistently produce higher tax totals than cash ones, that's arguably “discrimination,” and litigation will follow.The fix? Simple enough: keep tax calculations exact to the penny, round only the total cash transaction due to the nearest nickel, and let the retailer absorb the difference. It's not pain-free—retailers lose a few cents here, gain a few there—but it keeps digital systems intact and legal risk low. Rounding the tax itself may feel “efficient,” but it's a compliance trap that opens states to lawsuits and chaos in point-of-sale systems designed for one-cent precision.And that's before we even get to the technical debt. E-commerce platforms, credit card processors, and small business systems have no concept of nickel rounding. Forcing them to adapt would mean software rewrites no one asked for—and in many cases, from vendors who no longer exist.The upside here is policy gold: rounding only at the total level nudges more transactions toward cards and mobile payments, where amounts are exact and sales tax compliance is tighter. Fewer paper trails, fewer “zappers,” and fewer discrepancies in audit.So yes, the penny is obsolete. But if states mishandle the transition, they'll find out just how expensive abolishing it can be. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History:  Same-Sex Marriage Legalized in IrelandOn May 23, 2015, Ireland became the first country in the world to legalize same-sex marriage through a popular vote, marking a historic shift in both national and global legal landscapes. The referendum asked voters whether the Constitution should be amended to allow marriage regardless of sex, and the result was a resounding “Yes,” with 62% in favor and 38% opposed. The voter turnout was unusually high at over 60%, signaling widespread public engagement with the issue. This legal development followed years of advocacy and social change in Ireland, a country long associated with conservative Catholic values.The result amended Ireland's Constitution to state that “marriage may be contracted in accordance with law by two persons without distinction as to their sex.” This provision was later codified in the Marriage Act 2015, which came into effect in November of that year. The outcome of the vote represented not only a victory for LGBTQ+ rights but also a transformation in how Irish law and society conceptualize equality and family. It also had ripple effects internationally, inspiring similar movements in countries where same-sex marriage remained a contentious issue.Ireland's use of a constitutional referendum to secure marriage equality was unique and drew attention to the power of democratic processes to drive progressive legal change. It stood in contrast to other jurisdictions where marriage equality had been achieved through legislative action or court rulings. The campaign leading up to the vote featured stories of Irish citizens returning home from abroad just to cast their ballots, illustrating the emotional and civic weight of the moment. Major political parties and civic institutions publicly supported the amendment, a notable shift from past positions. Religious groups, while not uniformly opposed, largely cautioned against the change, yet the vote revealed a generational and cultural divide within Irish society.Ireland's decision on May 23, 2015, not only redefined marriage in its legal code but also signaled to the world a powerful statement about inclusivity, human rights, and democratic voice.The U.S. Supreme Court issued a ruling in a case involving President Trump's firing of two federal labor board members, offering reassurance that the decision does not extend to the Federal Reserve's leadership. The Court allowed Trump to keep the dismissed board members—Gwynne Wilcox of the National Labor Relations Board and Cathy Harris of the Merit Systems Protection Board—off the job while they challenge their terminations. However, the justices emphasized that the Federal Reserve is a "uniquely structured" entity, distinct from other federal agencies, and rooted in a special historical context.This distinction has calmed concerns that Trump might use these cases to justify firing Fed Chair Jerome Powell, whom he has criticized for not cutting interest rates. Powell, appointed by Trump and later renominated by President Joe Biden, is legally protected from dismissal except for cause, as stated in the Federal Reserve Act of 1913. Analysts welcomed the Court's reassurance, interpreting it as a safeguard for the Fed's independence.Nevertheless, some experts cautioned that the ruling isn't a definitive protection for the Fed but does limit broader implications from the labor board cases. Powell's term expires in May 2026, and Trump is expected to name a successor.US Supreme Court says Fed is unique, easing worries over Trump's ability to fire Powell | ReutersU.S. District Judge Susan Illston extended a block on mass layoffs planned by the Trump administration, ruling that significant restructuring of federal agencies requires congressional approval. This decision hampers President Trump's efforts to downsize or eliminate parts of the federal workforce, a central component of his broader government overhaul strategy.The ruling continues a temporary restraining order from earlier this month, which prevented around 20 agencies from carrying out large-scale layoffs and required reinstatement of those already dismissed. Illston's updated order refines the earlier ruling but maintains its core restrictions. The Trump administration had sought Supreme Court intervention, arguing the judge overstepped constitutional boundaries related to executive authority, but that effort may now be moot.Government attorney Andrew Bernie contended that Trump's executive order only asked agencies to explore potential cuts, without mandating immediate layoffs. However, plaintiffs argued that the administration's directives clearly pressured agencies to prepare for deep personnel cuts. These include proposed reductions of 80,000 jobs at Veterans Affairs and 10,000 at Health and Human Services.More than 260,000 federal employees are expected to leave their roles by September, many through buyouts. Lawsuits challenging these cuts are pending, making this ruling the most comprehensive legal obstacle so far to Trump's plans.US judge blocks Trump's mass layoffs in blow to government overhaul | ReutersEarlier this month, Ukraine's parliament ratified a landmark agreement with the United States: a legal, financial, and strategic framework that gives America preferential access to Ukraine's critical minerals and hydrocarbons — all while laying the foundation for a Reconstruction Investment Fund designed to rebuild Ukraine's decimated infrastructure. Sounds noble, sure, but let's not mistake realism for altruism.This deal is as much about strategic leverage as it is about digging rocks out of the ground.The agreement covers 55 minerals — everything from lithium and cobalt to uranium, titanium, and rare earths — plus oil and gas. The U.S. gains front-of-the-line privileges via a new limited partnership co-managed by the U.S. International Development Finance Corporation (DFC) and Ukraine's PPP Agency.Ukraine contributes its share in the form of rights to 50% of future revenues from new or dormant (but not-yet-exploited) resource licenses. Meanwhile, the U.S. counts military aid as its capital input.But it's not just about extraction. This partnership comes with first rights to co-invest, first rights to offtake agreements, and most-favored-nation status for investment terms — all locked into Ukrainian law.And if those terms change, the agreement explicitly overrides Ukrainian legislation. That's not just economic partnership; that's policy primacy.If you're an American investor, welcome to your new favorite offshore zone. The fund's income is entirely exempt from Ukrainian taxation: no duties, no levies, no withholdings. The U.S., in return, “expects” not to slap tariffs under Section 232 or IEEPA. Taken as a whole, it's a foreign investment platform with the tax treatment of a charity and the legal immunities of a diplomatic mission.The deal even covers currency risk. Ukraine must guarantee free convertibility of hryvnia into dollars and indemnify U.S. partners if transfers are delayed or blocked. Even during martial law, capital flows to the fund are protected by contract.Any new licensee in Ukraine's resource sector is required — not asked — to make investment information available to the fund when raising capital. The fund then gets the right to participate on equal or better terms. On top of that, Ukraine is barred from offering more favorable terms to anyone else. And yes, this includes offtake agreements — the U.S. or its designees get the first crack.In short, Ukraine can't sign a better minerals deal with the EU, China, or any other party unless the U.S. gets offered those same terms. Call it diplomacy with a non-compete clause.The framework focuses on new or idle licenses — but existing ones remain a grey zone. Ukraine would need new legislation to bring those under the fund's umbrella, and many current PSA holders have legislative stability guarantees that would make retroactive changes nearly impossible. Unless these assets are re-tendered or voluntarily integrated, they risk becoming an unaligned economic orbit, limiting the fund's reach.Here's the mineral-sized asterisk: this won't generate revenue tomorrow. Rare earth mines can take 10 to 20 years and $2 billion each to become operational. Many Ukrainian deposits remain unmapped, some are under occupation, and wartime damage to infrastructure makes transport and processing a logistical fantasy.While the agreement doesn't spell out a formal role for U.S. companies, it's not hard to guess the playbook: preferential licensing, co-investment with the fund, and possibly DFC-backed bonds aimed at U.S. institutional investors. Ukraine has openly stated its expectation that the fund will “look for investors” — and you can bet the Pentagon-adjacent venture funds are already circling like vultures.The Reconstruction Investment Fund is less about rebuilding Ukraine and more about anchoring it economically to the West. It creates a structured, American-led investment regime that rewards alignment, punishes deviation, and ensures U.S. interests are literally embedded in Ukraine's subsoil.Is this a win-win? Potentially. Ukraine gets capital, infrastructure, and a postwar economic vision. The U.S. gets mineral security, geopolitical leverage, and a new model for development diplomacy in conflict zones.But don't mistake this for benevolence. This is not a Marshall Plan — it's a minerals plan with a spreadsheet and a strategy memo. And the terms are clear: the rocks are Ukrainian, but the steering wheel? American.Breaking ground: U.S.-Ukraine mineral deal ratified in Ukraine, paving the way for reconstruction | ReutersGustav Holst, born in 1874 in England, was a composer whose music bridged the Romantic and modern eras with a uniquely English voice. Best known for his orchestral suite The Planets, Holst also made lasting contributions to wind band literature, a genre he approached with both seriousness and innovation. Among his most celebrated works in this realm is the Second Suite in F for Military Band, Op. 28, No. 2, composed in 1911. Unlike many composers of the time who treated band music as secondary, Holst infused his suite with depth, structure, and folkloric authenticity.The first movement of the suite, March: Allegro, opens with a vibrant and engaging theme based on the Somerset folk tune “Morris Dance.” Holst immediately establishes a sense of forward momentum and bright sonority that captures the distinct color of a military band. This is soon followed by a more lyrical trio section, featuring the melody “Swansea Town,” which provides a warm contrast before the return of the energetic march. The entire movement showcases Holst's gift for counterpoint, clever orchestration, and thematic development, all while remaining accessible and rhythmically compelling.As this week's closing theme, Holst's March: Allegro from the Second Suite offers a rousing, optimistic send-off. It's a reminder of the power of wind ensembles to convey both complexity and joy—and of Holst's enduring legacy in shaping modern band repertoire. The movement reflects not only his compositional brilliance but also his respect for English folk traditions, seamlessly translated into a format meant for public performance and communal appreciation.Without further ado, Gustav Holst's Second Suite in F for Military Band, Op. 28, No.2 – enjoy! This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: Abraham Lincoln, InventorOn May 22, 1849, Abraham Lincoln was awarded U.S. Patent No. 6,469 for an invention designed to lift boats over shoals and other obstacles in shallow waterways. The device involved a system of bellows attached to the hull of a boat, which could be inflated to lift the vessel over obstructions. Lincoln conceived the idea after witnessing firsthand how flatboats became stranded on sandbars during his travels on the Mississippi River. Though the invention was never manufactured, Lincoln's patent represents a rare intersection of legal, political, and technological history.Lincoln's detailed model, which he carved himself, is now preserved at the Smithsonian Institution. His application demonstrated a firm grasp of both mechanics and the legal requirements of patent law, including the novelty and utility standards necessary for approval. Lincoln's interest in patents was not merely personal—he viewed the patent system as a key driver of American innovation and economic growth. In an 1858 lecture, he praised the patent system as adding "the fuel of interest to the fire of genius."This episode in Lincoln's life underscores the connection between law and invention in the 19th century. The U.S. patent system, formalized under the Patent Act of 1790 and modified several times by Lincoln's era, provided crucial protections to inventors during a time of rapid industrial development. Lincoln's engagement with the system as both an inventor and a lawyer reflects the broader legal culture of self-improvement and technological optimism in antebellum America.Matthew Lane, a 19-year-old student at Assumption University in Massachusetts, has agreed to plead guilty to charges stemming from a significant data breach at PowerSchool, a cloud-based education software company. Federal prosecutors allege Lane accessed PowerSchool's network in September 2024 using stolen contractor credentials, obtaining sensitive data on more than 60 million students and 10 million teachers. This data, including Social Security numbers and addresses, was later used in a $2.85 million bitcoin ransom demand.Lane transferred the stolen data to a server in Ukraine before the extortion attempt, which caused alarm among parents and school districts. The breach, which PowerSchool disclosed in January 2025, was reportedly linked to earlier extortion efforts targeting a telecommunications company, from which Lane and others attempted to extract a $200,000 ransom. The case marks the first public identification of a suspect in the PowerSchool breach, which has impacted numerous school districts.PowerSchool admitted to paying a ransom to prevent public exposure of the data. Lane faces charges including cyber extortion, aggravated identity theft, and unauthorized access to protected computers. If convicted, he will serve at least two years in prison. His attorney has not commented.Massachusetts college student to plead guilty to PowerSchool data breach | ReutersA federal judge in Philadelphia has rejected Vanguard Group's proposed $40 million settlement with investors who claimed they were hit with unexpected tax bills from its target-date mutual funds. U.S. District Judge John Murphy ruled that the deal provided "no value" to investors because it duplicated benefits already secured through a $135 million settlement Vanguard reached with the Securities and Exchange Commission (SEC) earlier this year.In that SEC settlement, investors were promised compensation without having to pay legal fees or waive future claims. By contrast, the proposed class action settlement would have reduced investor payouts due to more than $13 million in attorneys' fees. Judge Murphy sided with an objecting class member who argued the SEC accord already gave investors the same benefits, making the class settlement redundant and financially disadvantageous.Both settlements stem from Vanguard's 2020 move to lower the minimum investment threshold for its lower-cost institutional target-date funds. This triggered a mass migration from higher-cost retail funds, prompting large redemptions that led to capital gains being passed on to remaining investors.Vanguard argued that rejecting the settlement might discourage firms from resolving regulatory and civil actions simultaneously. However, the court emphasized fairness to the class over procedural convenience.US judge rejects Vanguard $40 million mutual fund settlement, cites SEC accord | ReutersThe Trump administration has asked the U.S. Supreme Court to block a lower court order requiring it to provide documents and testimony about the Department of Government Efficiency (DOGE), a White House office linked to Elon Musk's federal reform initiative. The watchdog group Citizens for Responsibility and Ethics in Washington (CREW) filed a lawsuit seeking transparency about DOGE's operations, arguing that it should be subject to the Freedom of Information Act (FOIA). The administration contends DOGE is exempt because it functions within the White House as a presidential advisory body.A federal judge ruled that CREW's claims were likely valid and allowed limited discovery, including testimony from DOGE administrator Amy Gleason. The court rejected the administration's argument that such discovery violated separation of powers, stating that DOGE had not demonstrated any undue burden or justified confidentiality. The DC Circuit Court of Appeals upheld the lower court's order and noted the administration failed to raise the separation-of-powers defense earlier in the case.The Justice Department is now seeking emergency relief from the Supreme Court, arguing that allowing discovery into DOGE compromises executive confidentiality. Meanwhile, CREW maintains the office exercises substantial independent authority and should not be shielded from public scrutiny. The case raises key questions about the transparency of quasi-governmental offices within the executive branch.DOGE Asks US Supreme Court to Block Access to Its Records - Bloomberg This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History:  House of Representatives Passes 19th AmendmentOn this day in legal history, May 21, 1919, the U.S. House of Representatives passed the 19th Amendment to the Constitution, granting women the right to vote. The amendment stated simply: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex." After decades of organizing, lobbying, and protest by suffragists—including Susan B. Anthony, Elizabeth Cady Stanton, and Alice Paul—this marked a major legislative victory in the long fight for women's suffrage.The amendment was first introduced in Congress in 1878 but languished for over 40 years before gaining sufficient political traction. The context of World War I played a pivotal role; as women took on new roles in the workforce and public life during the war, their contributions made it politically difficult to deny them voting rights. President Woodrow Wilson, initially lukewarm on the issue, eventually lent his support, which helped sway key votes.Following the House vote on May 21, 1919, the amendment proceeded to the Senate, where it was passed on June 4, 1919. Ratification by the states took just over a year, with Tennessee becoming the decisive 36th state to ratify on August 18, 1920. The 19th Amendment was officially certified on August 26, 1920.This moment was a turning point in constitutional law regarding civil rights and voting equality, setting the stage for later expansions through the Civil Rights Act, the Voting Rights Act, and ongoing debates over voter access and gender equality.Twelve U.S. states, led by Democratic attorneys general from New York, Illinois, and Oregon, are challenging President Donald Trump's recently imposed "Liberation Day" tariffs in federal court. The states argue that Trump misused the International Emergency Economic Powers Act (IEEPA) to justify tariffs on imports from countries with which the U.S. runs trade deficits. They claim the law doesn't authorize tariffs and that a trade deficit does not qualify as a national emergency.The case will be heard by a three-judge panel at the Court of International Trade in Manhattan, which also recently heard a similar lawsuit from small businesses. Oregon's Attorney General Dan Rayfield said the tariffs were harming consumers and small businesses, estimating an extra $3,800 per year in costs for the average family. The Justice Department contends that the states' claims are speculative and that only Congress can challenge a president's national emergency declaration under IEEPA.Trump's tariff program began in February with country-specific measures and escalated to a 10% blanket tariff in April, before being partially rolled back. His administration defends the tariffs as necessary for countering unfair trade practices and reviving U.S. manufacturing. Multiple lawsuits—including ones from California, advocacy groups, businesses, and Native American tribes—are challenging the tariff regime.US states mount court challenge to Trump's tariffs | ReutersThe U.S. Justice Department is investigating former New York Governor Andrew Cuomo, now a leading Democratic candidate for New York City mayor, over Republican allegations that he misled Congress about his handling of the COVID-19 pandemic while in office. The inquiry reportedly stems from a referral by a GOP-led House subcommittee, which cited Cuomo's closed-door testimony before the Select Subcommittee on the Coronavirus Pandemic.Cuomo's campaign says it was not notified of the probe and denounced the investigation as politically motivated "lawfare" driven by Trump allies. Critics argue the Justice Department is being used to target political opponents, while Trump and his supporters maintain that prior cases against him were politically biased. Cuomo, who resigned in 2021 following a state attorney general report accusing him of sexual misconduct—which he denies—is the presumed frontrunner in the June 24 Democratic mayoral primary.He is set to face incumbent Eric Adams, now running as an independent after facing and being cleared of federal charges. The Justice Department has not publicly confirmed or commented on the Cuomo probe, and his spokesperson insists the former governor testified truthfully and transparently.US Justice Department investigating former New York governor Cuomo, sources say | ReutersA federal judge in Kentucky dismissed a lawsuit by the U.S. Treasury Department that aimed to cancel a labor contract with IRS workers in Covington. Judge Danny Reeves ruled that the Treasury lacked legal standing to bring the suit and granted summary judgment in favor of the National Treasury Employees Union (NTEU) Chapter 73. This marks a legal defeat for the Trump administration's broader attempt to weaken federal employee union rights through an executive order.The administration had filed similar lawsuits in Kentucky and Texas following Trump's directive that claimed two-thirds of federal employees could be excluded from labor protections under national security grounds. In response, the NTEU filed its own legal challenge in Washington, D.C., where Judge Paul Friedman temporarily blocked the order's implementation. However, a federal appeals court later paused that injunction while the Trump administration appeals.This decision in Kentucky slows momentum for the administration's effort to restrict collective bargaining for federal workers, though related cases continue to play out in other jurisdictions. The NTEU was represented by both in-house and private attorneys, while the Justice Department defended the administration's position.Judge Tosses Treasury's Suit to Cancel Federal Worker Contract This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: Blue Jeans PatentedOn May 20, 1873, the U.S. Patent and Trademark Office granted Patent No. 139,121 to Jacob Davis and Levi Strauss for an innovation that would revolutionize American workwear and fashion: the use of copper rivets to reinforce the stress points on men's work pants. Davis, a tailor from Reno, Nevada, originally developed the concept after customers complained about the durability of their trousers. He lacked the funds to file for a patent on his own, so he partnered with Strauss, a San Francisco dry goods merchant who had been supplying him with fabric. The riveted pants were constructed from denim—a sturdy cotton twill that Strauss already sold—which was tough enough for laborers, miners, and cowboys during the American Westward Expansion.The legal protection granted by the patent secured exclusive rights for Strauss and Davis to produce the reinforced trousers, giving them a significant advantage in the market. This protection enabled Levi Strauss & Co. to expand rapidly and establish itself as a dominant force in durable clothing for manual laborers. The patent also illustrates how intellectual property law can incentivize practical innovation by providing a framework for commercial exclusivity.While the original patent expired in 1890, the riveted jean had by then become an entrenched part of American identity. The evolution of the product—from utilitarian workwear to a global fashion staple—highlights how a simple legal instrument can underpin lasting commercial success. The legal recognition of their invention helped formalize what would become a uniquely American contribution to the world's wardrobe. Strauss and Davis's patent remains one of the most iconic examples of how intellectual property law intersects with design, utility, and culture.As federal AI regulation lags, state attorneys general (AGs) are stepping into the void by using existing laws—such as consumer protection, privacy, and anti-discrimination statutes—to govern the use of generative AI technologies. Although only California, Colorado, and Utah have passed AI-specific legislation, AGs across other states are issuing formal guidance and taking enforcement actions to address AI misuse. Key concerns include the use of personal data, deepfakes, fraudulent representations, and algorithmic bias in sectors like hiring, healthcare, and lending.California AG Rob Bonta has warned that AI tools causing misleading or discriminatory outcomes may violate state law, especially in sensitive fields like health and employment. Massachusetts AG Joy Campbell cautioned that misrepresenting AI capabilities or using AI-generated content to deceive consumers could breach the state's Consumer Protection Act. Oregon's guidance focuses on transparency, privacy, and anti-discrimination concerns, requiring consent for data use and allowing opt-outs from significant AI-based decisions. New Jersey's AG launched a Civil Rights and Technology Initiative targeting algorithmic bias, noting that even third-party tools can trigger liability under anti-discrimination laws. Texas AG Ken Paxton reached a settlement with an AI health tech firm over potentially misleading marketing, marking the first known AG enforcement action under consumer protection law involving generative AI.A Reuters column by Ashley Taylor of Clayton Friedman and Gene Fishel of Troutman Pepper Locke LLP emphasizes that companies cannot assume regulatory immunity simply because AI tools are new or complex. Liability can arise from disparate impacts alone, even absent intent to discriminate. Firms must carefully audit their AI systems, clarify marketing claims, and ensure fair and secure implementation across jurisdictions. Given the fragmented legal landscape, businesses should involve legal and technical leadership early in AI deployment to reduce risk exposure.State AGs fill the regulatory voidThe long-running feud between Donald Trump and New York Attorney General Letitia James has escalated sharply with a federal investigation now targeting James herself. Trump, having returned to the White House, now has the Justice Department behind him, while James continues to lead Democratic opposition through lawsuits challenging his policies. Both known for their combative styles, the two have clashed over ideology, politics, and Trump's business practices.The new front in their battle involves allegations that James committed mortgage fraud, based on documents where she allegedly misrepresented her primary residence and misstated details about her Brooklyn property. The Justice Department, acting on a referral from a federal housing agency, is investigating the claims through its offices in Virginia and New York. James's lawyer denies wrongdoing, saying the filings were accurate in context and reflect long-standing property use.James has framed the investigation as retaliation for her successful legal actions against Trump, including a high-profile civil fraud suit that resulted in a $450 million judgment against him for inflating asset values. Trump and his allies have attempted to link James's alleged conduct to the very behavior she prosecuted, suggesting hypocrisy.Despite the legal risks, the public feud may benefit both figures politically. James faces re-election in 2026, and her confrontation with Trump plays well with Democratic voters. For Trump, casting James as a corrupt adversary energizes his base. Their mutual antagonism has become a defining feature of New York's political and legal landscape.Donald Trump and Letitia James Raise Stakes in Bitter Feud - WSJThis week in my column for Bloomberg, I argue that House Republicans' push to repeal major clean energy tax credits from the Inflation Reduction Act is a short-sighted move that prioritizes fiscal optics over long-term national interest. While they claim to be reducing the deficit, the repeal would do little to constrain the $3.7 trillion cost of extending Trump-era tax cuts that largely benefit the wealthy. The energy credits being cut were not handouts but performance-based incentives—rewards for building, hiring, and deploying clean tech—that sparked a manufacturing and jobs boom, particularly in red states like Georgia and Tennessee.Eliminating these credits would introduce severe policy instability, undermining both current and planned investments. Companies made long-term siting and hiring decisions based on stable tax incentives; reversing them now would not only threaten those investments but signal to global capital markets that the U.S. is an unreliable industrial partner. I emphasize that the structure of the law—tying incentives to emissions reductions—was one of its best features, offering predictability that's now at risk.This volatility would be a gift to America's competitors. The EU and China are doubling down on green industrial policy, while the U.S. risks stalling momentum just as it began catching up. Trust in federal policy durability isn't easily regained once lost. The repeal wouldn't just cost jobs or projects—it would damage the credibility of American industrial policy in a global race where we're already behind. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: Treaty of Guadalupe Hidalgo Ratified On May 19, 1848, Mexico formally ratified the Treaty of Guadalupe Hidalgo, officially bringing an end to the Mexican-American War. Signed earlier that year on February 2, the treaty had already been ratified by the United States, but it required approval from both nations to take effect. With Mexico's ratification, the war that had begun in 1846 concluded, marking a major shift in North American territorial boundaries. Under the treaty, Mexico ceded approximately 525,000 square miles—about half its national territory—to the United States. This land included present-day California, Arizona, New Mexico, Nevada, Utah, and parts of several other states.In exchange, the U.S. paid Mexico $15 million and assumed certain debts owed to American citizens. The treaty also included provisions promising to protect the property and civil rights of Mexican nationals living in the newly acquired territories, though these promises were inconsistently honored. The ratification reshaped the map of North America and solidified U.S. continental expansion under the banner of Manifest Destiny.Legally, the treaty became a foundational document for interpreting property rights, citizenship claims, and cross-border disputes in the American Southwest. It also remains a focal point for understanding the U.S.-Mexico relationship and the historical roots of immigration and land disputes in the region. The ratification marked not just the end of a war but the beginning of complex legal and cultural transformations that still reverberate today.The U.S. Supreme Court extended a block on the Trump administration's attempt to deport roughly 176 Venezuelan detainees under the 1798 Alien Enemies Act (AEA), citing due process concerns. The justices, in a largely unsigned decision, criticized the government for providing less than 24 hours' notice of removal without informing the men how to challenge it. The Court noted the administration's failure to return Kilmar Abrego Garcia, who had been wrongly deported to El Salvador despite a previous Supreme Court directive.Justices Alito and Thomas dissented, saying the Court acted prematurely, bypassing lower courts. However, the majority justified the intervention by pointing to a district judge's delayed response to an emergency request, which they said risked irreparable harm to the detainees.Though Trump claimed the AEA is needed to address a national security “invasion” by alleged members of the Tren de Aragua gang, the Court did not rule on whether his invocation of the AEA was lawful. The decision leaves that question to the Fifth Circuit Court of Appeals, while preserving the temporary injunction during ongoing litigation.Justice Kavanaugh wrote separately to support judicial review before any deportation under the AEA, and the Court emphasized that immigration enforcement must align with constitutional protections. The ACLU called the ruling a rebuke of efforts to deport people without adequate process, particularly to harsh conditions like those in El Salvador's prisons.Supreme Court Extends Halt of Trump Venezuelan Deportations - BloombergThe U.S. Supreme Court is poised to issue rulings in three significant cases that could further expand religious rights and diminish the separation between church and state. Each case centers on the First Amendment's religion clauses—specifically the tension between the “establishment clause,” which prevents government endorsement of religion, and the “free exercise clause,” which protects individual religious practice.One case involves an attempt to launch the nation's first taxpayer-funded religious charter school in Oklahoma. The state's Supreme Court blocked the school, but conservative justices appeared open to the argument that rejecting it solely due to its religious nature violates the free exercise clause.A second case concerns Christian and Muslim parents in Maryland seeking the right to opt their children out of public school lessons featuring LGBT-themed storybooks. Lower courts denied the request, but the Supreme Court seemed sympathetic to the parents' religious freedom claims.The third case addresses whether Catholic Charities in Wisconsin should be exempt from unemployment insurance taxes. The state denied the exemption, arguing the organization was mainly charitable rather than religious. Conservative justices again signaled support for the religious exemption.Legal scholars suggest the Court may continue its trend of elevating the free exercise clause at the expense of the establishment clause. Recent rulings have shifted from restricting government support for religious institutions to affirming their right to receive public funds. This trend suggests the Court may increasingly allow religious organizations access to public programs traditionally limited to secular institutions.US Supreme Court may broaden religious rights in looming rulings | ReutersA federal appeals court has lifted an injunction that had blocked President Trump's executive order limiting collective bargaining rights for hundreds of thousands of federal workers. The U.S. Court of Appeals for the D.C. Circuit, in a 2–1 decision, allowed the order to move forward, affecting employees in more than a dozen federal agencies, including Justice, Defense, and Health and Human Services.The executive order expands a national security exemption that exempts workers involved in intelligence or national security from union rights. Trump's administration argued this exemption was necessary to protect national security autonomy. The court's majority, composed of Republican-appointed judges, agreed, saying the union failed to demonstrate immediate harm that would justify blocking the policy.The National Treasury Employees Union (NTEU), representing about 160,000 federal employees, claimed the order violates federal labor laws and the Constitution. Judge J. Michelle Childs dissented, arguing the administration's national security justification was too vague to override union protections.Trump's directive could impact roughly 75% of union-represented federal workers and specifically targets around 100,000 NTEU members. In addition to the executive order, the Trump administration is also pursuing lawsuits to dismantle existing union contracts for thousands of federal employees.Court gives go-ahead to Trump's plan to halt union bargaining for many federal workers | ReutersBilly Long, President Trump's pick to lead the IRS, is set to face intense questioning from Senate Democrats over his ties to dubious tax credits and campaign donations from their promoters. At the center of the controversy are “sovereign tribal tax credits,” which the Treasury Department says do not exist. Long previously promoted these credits through companies that also contributed large sums to help him retire campaign debt from a failed Senate run.Though Long lacks traditional tax or management experience, his most prominent qualification—beyond his political loyalty to Trump—is his distinction as the “Best Auctioneer in the Ozarks” for seven consecutive years. Critics point to his absence of tax policy credentials, lack of formal education or experience in tax, and question his independence, particularly given Trump's recent push to strip institutions like Harvard of tax-exempt status.Long, a former House member from Missouri, is known for supporting efforts to defund the IRS while in Congress and did not serve on tax-focused committees. Democrats are also scrutinizing his role in promoting the fraud-plagued Employee Retention Credit during the pandemic. As he seeks to take over an agency facing a wave of retirements and leadership departures, Long will likely be pressed on how he would steer enforcement priorities and IRS modernization efforts. Questions are expected to focus on whether he would maintain the agency's recent push to target high-income tax avoidance or pivot in a different direction.Senate Panel to Grill IRS Pick on Dubious Tax Credits, Donors This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: SCOTUS Upholds CFPB Funding StructureOn May 16, 2024, the U.S. Supreme Court delivered a major ruling in Consumer Financial Protection Bureau v. Community Financial Services Association of America, Ltd., upholding the constitutionality of the CFPB's funding structure. In a 7–2 decision, the Court held that the agency's funding—drawn from the Federal Reserve and not subject to annual congressional appropriations—does not violate the Appropriations Clause of the Constitution. Writing for the majority, Chief Justice Roberts emphasized that the Constitution permits flexibility in funding mechanisms so long as they are authorized by law and subject to congressional oversight in some form. The ruling affirmed the CFPB's continued ability to regulate financial institutions and enforce consumer protection laws independent of Congress's annual budget process.The decision marked a significant moment in the Court's treatment of agency independence, particularly at a time of renewed scrutiny of the administrative state. It was widely seen as a victory for supporters of the CFPB, which had faced ongoing legal and political challenges since its creation under the Dodd-Frank Act in the aftermath of the 2008 financial crisis. However, the case also highlighted the growing skepticism among certain justices—and lawmakers—about the breadth of agency power and accountability.Just one year later, the CFPB's future is again uncertain. With a new administration openly hostile to the agency and legislative efforts underway to curtail its authority or restructure its funding, the May 2024 decision is already being treated as legal history. Though the Court upheld the agency's funding, the political battle over the CFPB continues, casting doubt on how long the victory will stand.Intel appeared before the EU General Court to contest a €376 million ($421.4 million) antitrust fine reimposed by the European Commission. The fine stems from the Commission's 2009 decision, which originally imposed a record €1.06 billion penalty for Intel's actions that allegedly excluded rival AMD from the market. Though the General Court overturned the majority of that decision in 2022, it upheld a portion related to so-called “naked restrictions”—payments Intel made to HP, Acer, and Lenovo to delay or halt rival products between 2002 and 2006.Intel's lawyer argued that the violations were narrow and tactical, not part of a broader strategy to shut out competitors from the x86 chip market. He claimed the Commission failed to weigh the limited impact of those actions and imposed a disproportionate and unfair fine. The Commission countered that the fine followed established guidelines and represented only a small fraction of Intel's turnover, asserting that the penalty was appropriate for the seriousness of the conduct.Both sides asked the court to settle the matter by determining the appropriate fine amount. A decision is expected in the coming months.Intel spars with EU regulators over $421.4 million antitrust fine | ReutersA federal appeals court in Washington, D.C., heard arguments in a case that could redefine the U.S. president's authority to remove officials from independent federal agencies. The Trump administration is appealing two lower court decisions that reinstated Democratic officials Cathy Harris to the Merit Systems Protection Board and Gwynne Wilcox to the National Labor Relations Board (NLRB) after President Trump removed them without cause earlier this year. Both boards, which handle labor disputes and federal employee appeals, were left effectively inoperable due to vacancies, with thousands of pending cases.The administration argues that statutory protections limiting removals to “cause” violate the president's constitutional authority to control the executive branch. Trump's legal team claims that these agencies exercise substantial executive power and therefore should not be shielded from presidential oversight. The case may hinge on Humphrey's Executor, a 1935 Supreme Court decision that upheld removal protections for members of independent commissions like the Federal Trade Commission. Conservative judges—including two Trump appointees on the panel—have recently questioned the decision's reach.If the D.C. Circuit sides with Trump, it could pave the way for a broader dismantling of long-standing removal protections across federal agencies. Legal scholars warn that such a move could give the president far-reaching power to reshape regulatory policy by purging officials who don't align with the administration's agenda. The case could ultimately reach the U.S. Supreme Court and lead to a narrowing or overruling of Humphrey's Executor.US court to weigh Trump's powers to fire Democrats from federal agencies | ReutersData obtained through a public records request reveals that recent buyouts at the U.S. Securities and Exchange Commission (SEC) have significantly reduced staffing in key divisions. The legal, investment management, and trading and markets offices experienced workforce cuts ranging from 15% to 19% over just a few weeks. Regional offices in Chicago and Denver also saw nearly 20% reductions. Overall, the SEC's full-time staff has shrunk by 12% since January, with agency chair Paul Atkins recently noting a 15% decrease since October.These losses come amid ongoing hiring freezes and budget restrictions. While Atkins suggested that some roles may be refilled, he did not dismiss the possibility of more cuts. In parallel, more than 20 SEC employees have been reassigned to focus on contract reviews, part of a broader cost-cutting initiative coordinated with the Department of Government Efficiency (DGE), led by Elon Musk. DGE has expanded its presence at SEC headquarters and is reviewing agency operations, particularly IT services, to identify further savings.The SEC declined to comment on the staffing reductions, though a spokesperson confirmed it is working with DGE to improve efficiency. The full implications of these staffing losses for the agency's regulatory functions remain unclear.SEC buyouts hit legal, investment offices hardest, data shows | ReutersMeta Platforms asked a federal judge to dismiss the Federal Trade Commission's antitrust lawsuit, arguing the agency failed to prove that the company holds an illegal monopoly in social media. The case, which centers on Meta's acquisitions of Instagram and WhatsApp, claims these deals were aimed at neutralizing potential rivals and maintaining dominance in the market for apps used to share personal updates. The FTC wants to unwind those acquisitions, made more than a decade ago.Meta contends the FTC's case falls short of demonstrating that WhatsApp and Instagram posed meaningful competitive threats at the time of acquisition. The company pointed to internal evidence suggesting WhatsApp had no ambitions to become a social media platform and that Instagram actually thrived post-acquisition. Meta also argued the FTC has not clearly defined the relevant market, especially given competition from platforms like TikTok, YouTube, Reddit, and X (formerly Twitter), which Meta says all compete for user attention.The company maintains that its products face constant pressure to evolve in response to competitors. If the judge denies Meta's request to end the case now, the trial will continue through June with closing arguments and final briefs expected afterward. A ruling that Meta holds an illegal monopoly would trigger a second trial focused on potential remedies.Meta asks judge to rule that FTC failed to prove its monopoly case | ReutersThis week's closing theme is the second movement of Gustav Mahler's Symphony No. 1, titled “Kräftig bewegt, doch nicht zu schnell. Recht gemächlich”, which translates roughly to “Strongly moving, but not too fast. Quite leisurely.” Composed in the late 1880s and premiered in 1889, Mahler's First Symphony marked his audacious entry into the world of symphonic writing. At once expansive and deeply personal, the work fuses Romantic tradition with the beginnings of Mahler's own, modern voice.The second movement—our focus this week—is a rustic Ländler, an Austrian folk dance form, reimagined with orchestral power and emotional complexity. Mahler, who was born in 1860 in what is now the Czech Republic, grew up surrounded by folk tunes and military marches, and these influences saturate this section of the symphony. It opens with swagger and energy, driven by bold rhythms and a sense of physicality, before softening into a slower trio section that offers brief lyrical repose.Though the movement has a lively surface, its contrasting moods reflect Mahler's signature ability to intertwine the playful and the profound. His orchestration here is vivid but never ornamental—every detail serves a dramatic or emotional purpose. Mahler's symphonies often contemplate mortality, memory, and transcendence, but this movement reminds us that he could also be joyful, ironic, and grounded in the sounds of real life.By the time of his death in 1911, Mahler had transformed the symphony into a vessel for existential expression, bridging the 19th and 20th centuries. This movement from his First hints at all that was to come. As our week closes, we leave you with this music—bold, earthy, and unmistakably Mahler.Without further ado, Gustav Mahler's Symphony No. 1, titled “Kräftig bewegt, doch nicht zu schnell. Recht gemächlich.” This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: Standard Oil Breaks UpOn May 15, 1911, the U.S. Supreme Court issued a landmark decision in Standard Oil Co. of New Jersey v. United States, finding that Standard Oil had violated the Sherman Antitrust Act by engaging in monopolistic practices. The Court unanimously ruled that Standard Oil's dominance over the oil industry—achieved through aggressive acquisitions, predatory pricing, and exclusive agreements—constituted an illegal restraint of trade. As a remedy, the Court ordered the breakup of Standard Oil into 34 separate and independent companies, a dramatic reshaping of the American oil landscape. Among the entities created were companies that would later become industry giants in their own right, including Exxon, Mobil, Chevron, and Amoco.The decision was a defining moment in U.S. antitrust enforcement, signaling the federal government's willingness to confront corporate consolidation. It aimed to restore competition and prevent the recurrence of monopolistic control in vital sectors of the economy. However, over the next century, many of the separated entities gradually reconsolidated. Notably, Exxon and Mobil merged in 1999 to form ExxonMobil, while Chevron absorbed both Gulf Oil and Texaco, and BP later acquired Amoco.Today, a majority of the original 34 companies—or their direct successors—are now part of just a few massive corporations. This reconsolidation serves as a cautionary tale: without vigilant antitrust enforcement post-breakup, market dominance can re-emerge in new forms. The Standard Oil saga demonstrates not only the power of antitrust law but also its limitations if not actively maintained. It underscores that breaking up monopolies is only one step—the preservation of competition requires ongoing oversight.The EPA announced it will weaken several Biden-era regulations on PFAS, or “forever chemicals,” in drinking water. Specifically, the agency plans to rescind enforceable limits on three types of PFAS—PFNA, PFHxS, and HFPO-DA (also known as GenX)—as well as on combinations of those and PFBS. At the same time, the EPA is giving water systems two extra years, until 2031, to comply with limits on PFOA and PFOS, the two most well-known and studied PFAS chemicals, citing the challenges especially for smaller and rural systems.The original Biden administration rule had set an enforceable limit of 4 parts per trillion (ppt) for PFOA and PFOS and a non-enforceable goal of zero exposure due to their cancer and health risks. The EPA says it will revisit its regulatory decisions on the other PFAS types it is now rolling back. Administrator Lee Zeldin framed the delay as necessary flexibility while maintaining protections against the most harmful chemicals, but environmental groups like the Environmental Working Group blasted the move as a concession to industry that puts public health at risk. Some state-level regulators expressed caution and said more time is needed to evaluate the impact of rescinding the additional PFAS limits.EPA Moves to Weaken Biden-era PFAS Limits for Drinking WaterU.S. Health Secretary Robert F. Kennedy Jr. appeared before Congress for the first time in his new role, facing bipartisan scrutiny over his department's proposed 2026 budget, mass layoffs, and his response to a growing measles outbreak. Since taking office in February, Kennedy has overseen the dismissal of roughly 10,000 workers across major health agencies, aligning with broader Trump administration efforts to downsize the federal government. His budget plan calls for deep cuts, including $18 billion from the National Institutes of Health and $3.6 billion from the CDC.Lawmakers questioned Kennedy's controversial stance on vaccines—particularly during an outbreak that has resulted in over 1,000 infections and three deaths, largely among unvaccinated populations. Representative Rosa DeLauro accused Kennedy of promoting misinformation and endangering public health. Senator Bill Cassidy, who supported Kennedy's confirmation based on promises to uphold vaccine access and collaborate with Congress, emphasized the need for transparency and reassurance amid sweeping departmental changes.Kennedy defended the workforce reductions as a return to pre-COVID staffing levels and projected $1.8 billion in annual savings. Still, critics view the cuts as harmful to the country's public health infrastructure. His personal conduct also drew scrutiny after posting photos of himself swimming in Rock Creek, a site banned for public use due to unsafe water conditions.US health chief Kennedy faces lawmakers' questions on mass firings, measles | ReutersA growing number of major U.S. companies are proposing to leave Delaware as their state of incorporation—a trend being called “Dexit”—following Elon Musk's public fallout with Delaware courts. At least nine publicly traded companies, each valued over $1 billion, are preparing shareholder votes to move their legal homes, while five, including Tesla and Trump Media, have already relocated to states like Texas, Florida, and Nevada. The exodus is driven by concerns over Delaware's increasingly strict scrutiny of deals involving controlling shareholders, highlighted by a 2024 court ruling voiding Musk's $56 billion Tesla pay package.Companies say Delaware's legal environment has become unpredictable, especially for founder-led or insider-controlled firms. By contrast, states like Nevada and Texas offer looser standards and greater protection from shareholder litigation. For example, Nevada's laws shield corporate boards under the business judgment rule unless there is fraud, while Delaware courts still require fairness and transparency in insider transactions.In response, Delaware recently passed laws to limit judicial review of certain deals and curb shareholders' access to corporate records, hoping to stem the corporate departures. Still, critics like legal scholars and corporate counsel argue that Delaware's courts are now perceived as activist and uncertain, prompting companies to seek jurisdictions they believe offer more legal stability and control.In Tesla's wake, more big companies propose voting “Dexit" to depart Delaware | Reuters This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: Arrival of Constitutional DelegatesOn May 14, 1787, delegates from several states began arriving in Philadelphia for what would become the Constitutional Convention, a pivotal moment in American legal history. Originally convened to revise the Articles of Confederation, the gathering quickly evolved into a full-scale effort to draft a new framework of government. Only a handful of delegates were present on the 14th, but their arrival marked the start of weeks of foundational debate and compromise.The Convention was held at the Pennsylvania State House, now known as Independence Hall, a site already steeped in revolutionary significance. Delegates represented a range of political and economic interests, and their regional differences would shape much of the debate to come. The eventual goal was to create a system that balanced federal and state authority while preventing tyranny through a series of checks and balances.While May 14 was the scheduled opening, a quorum was not achieved until May 25, delaying formal proceedings. Nonetheless, early arrivals used the time to strategize and lay the groundwork for proposals. Among them was James Madison, whose extensive preparation and later contributions earned him the title "Father of the Constitution."The Convention would ultimately produce the United States Constitution, replacing the Articles of Confederation and establishing the three branches of government. This foundational legal document remains the supreme law of the land, with its principles guiding American governance to this day.In a new analysis, the Tax Law Center critiques the House Ways and Means Committee's proposal to expand the section 199A pass-through business income deduction, calling it a costly move that deepens existing inequities in the tax code. Originally enacted under the 2017 Tax Cuts and Jobs Act, section 199A allows qualifying owners of pass-through businesses to deduct up to 20% of their income. This benefit is already skewed heavily toward the top 1% of earners and industries such as law and lobbying. The provision, which expires after 2025 under current law, has not shown evidence of boosting economic activity and has instead encouraged tax avoidance strategies.The new proposal would raise the deduction rate from 20% to 23% and remove the income cap that currently limits eligibility for higher earners in certain industries. This change would particularly benefit high-income professionals whose pass-through income makes up a large share of their earnings. For example, under the proposed rules, a law firm partner earning $247,300 could receive a deduction of nearly $20,000—whereas they would get nothing under current 2025 law.The revised rules would also alter how phase-outs are calculated, increasing the value of the deduction for top earners while reducing it for some taxpayers whose income includes a mix of wages and pass-through business earnings. The analysis warns that these changes may incentivize further reclassification of income to exploit the deduction. Additionally, the proposal extends the favorable treatment to interest income received through Business Development Companies (BDCs), providing a new tax break for certain investment structures favored by private funds.Ways and Means proposes making costly 199A “pass-through” deduction more generous and valuable to high-income earnersHarvard University has broadened its lawsuit against the federal government, escalating a legal dispute over the termination of billions in federal funding. The amended complaint, filed in federal court in Boston, follows a new wave of agency letters formally cutting off $450 million in grants and reaffirming the earlier freeze of over $2.2 billion. The government attributes the funding halt to Harvard's alleged failure to address antisemitic incidents on campus.Harvard argues that the funding freeze is an unconstitutional retaliation for its refusal to cede academic control to federal authorities. The university maintains that these actions violate its First Amendment rights, particularly in relation to academic freedom and decision-making in areas like faculty hiring and student admissions. The complaint asserts that the administration is effectively punishing Harvard for not aligning with its political and ideological expectations.The dispute has wide-ranging implications, threatening numerous research initiatives and sectors dependent on Harvard's federal support. Agencies including the NIH, USDA, DOE, DOD, and HUD have all issued letters stating the university's recent conduct undermines federal priorities, leaving no room for corrective action.Harvard President Alan Garber has condemned the funding cuts as political overreach, warning they jeopardize core institutional freedoms. Meanwhile, a federal task force countered with a public rebuke of Harvard's leadership, accusing it of fostering discrimination and failing to protect Jewish students.A hearing in the case is scheduled for July 21.Harvard Expands Lawsuit Against US as Funding Feud Deepens (1)A Los Angeles judge resentenced Erik and Lyle Menendez to 50 years to life in prison with the possibility of parole, replacing their original sentence of life without parole for the 1989 murder of their parents. The decision followed emotional testimony from family members, former prison officials, and a rehabilitated inmate who credited the brothers with his transformation. Judge Michael Jesic noted that while the crime was shocking, the brothers' prison records and support from correctional staff and victims' relatives were extraordinary, calling the case a “unicorn.”The Menendez brothers are now immediately eligible for parole, with a hearing scheduled for June 13. Their attorney, Mark Geragos, said the new sentence reflects evolving views on incarceration and rehabilitation. During the hearing, both brothers expressed remorse and outlined plans for continued advocacy if released—Lyle focusing on prison rehabilitation through green spaces, and Erik on hospice programs for elderly inmates.The resentencing aligns with the position of former L.A. District Attorney George Gascón, who had supported a review of their case based on claims of childhood sexual abuse and their youth at the time of the crime. However, current DA Nathan Hochman opposed the change, questioning the brothers' remorse and pointing to a moderate risk assessment in related clemency proceedings.Prosecutors also scrutinized the brothers' past trial conduct, alleging they encouraged perjury and had not been truthful about the events surrounding the murder. Despite this, their family members testified they felt safe around Erik and Lyle both before and after the killings and urged an end to the decades-long public scrutiny.Menendez Brothers Given Chance of Parole With New Sentence (3)Wisconsin Circuit Judge Hannah Dugan was indicted by a federal grand jury on charges of obstructing proceedings and concealing a person from arrest. The charges stem from an April 18 incident in which Dugan allegedly helped an undocumented immigrant, Eduardo Flores-Ruiz, avoid immigration agents by allowing him to leave through a restricted jury door near her courtroom. The agents, who lacked a judicial warrant, were waiting to detain him outside the courthouse.Dugan was arrested on April 25 and has since been temporarily suspended from her judicial duties by the Wisconsin Supreme Court. Her legal team maintains that she is innocent and expects to be exonerated during court proceedings. The case raises questions about the limits of judicial discretion when intersecting with federal immigration enforcement.Wisconsin judge indicted on obstructing immigration case | Reuters This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: Brady v. MarylandOn May 13, 1963, the U.S. Supreme Court issued its landmark ruling in Brady v. Maryland, fundamentally reshaping criminal procedure and the obligations of prosecutors. The case involved John Brady, who was convicted of murder in Maryland state court. Although he admitted involvement, he claimed he did not commit the actual killing. During the trial, the prosecution withheld a statement from Brady's co-defendant that supported this claim. After Brady was sentenced to death, his attorneys discovered the statement and appealed, arguing that suppression of such exculpatory evidence violated his constitutional rights.The Supreme Court agreed, holding in a 7–2 decision that suppression by the prosecution of evidence favorable to an accused who has requested it violates due process, regardless of whether the prosecution acted in good faith or bad faith. This principle became known as the Brady Rule, and it remains one of the cornerstones of a fair trial in American criminal justice. The Court emphasized that the goal of a trial is not to win a case but to ensure justice is done.The Brady decision led to a broader understanding of prosecutorial obligations and placed enforceable limits on government discretion. Over time, it has been extended and clarified through subsequent cases, shaping what material must be disclosed and when. Still, Brady violations continue to arise in courts, often forming the basis for appeals or post-conviction relief. The ruling reflects a deep constitutional commitment to due process and underscores the state's duty to act not only as an advocate but also as a guardian of fairness.President Donald Trump abruptly fired Shira Perlmutter, the Register of Copyrights, on May 10, 2025, just two days after also dismissing Librarian of Congress Carla Hayden, who had appointed Perlmutter in 2020. The U.S. Copyright Office confirmed the termination via a statement, noting that Perlmutter received an email from the White House informing her that her role was ended “effective immediately.” The administration has not publicly explained the firing, and Perlmutter has not commented.The move came shortly after the Copyright Office released a report addressing how generative AI models interact with copyright law. The report urged caution on government intervention and emphasized the importance of voluntary licensing systems. It drew a line between research-related uses of AI, which are unlikely to harm copyright holders, and commercial uses that replicate copyrighted content, especially when done through unauthorized access—arguing the latter may exceed fair use.Rep. Joe Morelle (D-N.Y.) condemned the dismissal, calling it an "unprecedented power grab" and linking it to Perlmutter's refusal to support Elon Musk's push to use copyrighted material for AI training. The timing of her removal, coming one day after the report's release, has intensified speculation about political motives behind the firing.Trump Terminates US Copyright Office Director in New Shakeup (1)Everything is bigger in Texas, including policy failures. The latest—an expensive exercise in public policy theater that trades taxpayer dollars for ideological victory laps. With Governor Greg Abbott poised to sign Senate Bill 2 into law, Texas is now on track to funnel $1 billion away from public education and into private schools, starting in the 2026-27 school year. And make no mistake: this isn't about "school choice"—it's about abandoning public schools under the rhetorical cover of parental empowerment.Supporters say it's about letting families choose the education that “fits their child's path,” but the real fit here is between a regressive policy and a Republican donor wishlist. Up to 20% of the funds will be available to families earning over $160,000—so yes, the state is subsidizing private tuition for households that already have the means. Meanwhile, the public schools left behind are told to make do with less.Texas already ranks 38th in the nation in per-student funding, and public schools are still reeling from the $7.6 billion lawmakers withheld last session to hold them hostage for this very proposal. Districts have been cutting staff, closing campuses, and hiring uncertified teachers to stay afloat. Now they're being told they can have their crumbs—so long as a chunk of the loaf goes to private institutions that aren't accountable to the same standards, can't be compelled to admit students, and won't have to administer the same state tests used to judge public schools.This is a policy that spends public money without public accountability. It privileges private choice over public obligation. And it's being sold with the same warmed-over talking points that ignore what the data keeps telling us: vouchers don't reliably improve academic outcomes, especially not for the low-income students lawmakers claim to be championing.But the most corrosive effect isn't just fiscal—it's philosophical. When a state government diverts taxpayer dollars to schools that don't have to serve every child, it's not expanding opportunity. It's signaling that public education is optional, a backup plan, a place for the kids who didn't win the voucher lottery.Texas isn't innovating—it's retreating. And when the dust settles, it won't be the parents cashing the checks who pay the highest price. It'll be the millions of Texas students left in schools that the state funded just enough to fail.Private school vouchers head to Abbott's desk to become lawMy column for Bloomberg this week focuses on the quiet but dangerous implications of President Donald Trump's plan to reassign IRS criminal investigators from pursuing tax crimes to enforcing immigration law. This isn't just bureaucratic tinkering—it's a direct hit to the fragile deterrence model at the heart of our voluntary tax system. That system relies on the perception that the IRS is always watching, even if the chance of an audit is low. When that perception erodes, so does compliance.I argue that this shift weakens a key psychological pillar of tax law: the belief that evading taxes carries real consequences. Without the looming presence of tax enforcement, some taxpayers begin to wonder—sometimes out loud—whether they still need to play by the rules. I've seen this firsthand in conversations with clients and students. The risk of noncompliance starts to look more like a gamble than a crime.Public, high-profile enforcement has always served a broader messaging purpose: make examples of a few to deter many. But moving agents away from tax cases undermines that strategy and signals that enforcement is now a political tool, not a consistent application of law. Once that belief spreads, taxpayers may stop viewing payment as a civic duty and start viewing it as optional—especially if they believe others are getting away with cheating.I close by warning that this perception shift, once embedded, is hard to undo. Tax compliance is held together by trust as much as enforcement. Undermining one weakens the whole system. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: Harry Blackmun Confirmed to SCOTUSOn May 12, 1970, the U.S. Senate unanimously confirmed Judge Harry A. Blackmun to the Supreme Court, filling the vacancy left by Justice Abe Fortas. Nominated by President Richard Nixon, Blackmun had previously served on the U.S. Court of Appeals for the Eighth Circuit and was considered a moderate, scholarly jurist. His confirmation marked the culmination of a tumultuous series of failed nominations for the seat, including two rejections by the Senate, making Blackmun's 94–0 approval a moment of bipartisan relief.Blackmun would go on to serve nearly a quarter-century on the Court, authoring over 700 opinions. He is perhaps best known for writing the majority opinion in Roe v. Wade (1973), which recognized a constitutional right to abortion. The decision would shape political and legal debates for decades and define Blackmun's legacy, despite his broader jurisprudential contributions. Over time, he evolved from a judicial centrist to one of the Court's more liberal voices, especially on issues of individual rights and the death penalty.After retiring in 1994, Blackmun remained active in legal education and public service until his death in 1999. The Library of Congress released his extensive papers in 2004, providing scholars with a revealing look into the internal workings of the Court during his tenure. His former clerks, some of whom became influential legal figures themselves, publicly remembered him for his deep humanity and commitment to justice. Blackmun's confirmation anniversary serves as a reminder of how judicial legacies can transcend the expectations of those who appoint them.U.S. District Judge Susan Illston issued a temporary 14-day halt on the Trump administration's federal government restructuring plan, citing a lack of congressional authorization for mass layoffs and agency overhauls. The order came in response to a lawsuit filed by unions, nonprofits, and local governments opposing the large-scale “reductions in force” initiated by the Department of Government Efficiency (DGE), led by Elon Musk. Judge Illston emphasized that the president cannot broadly restructure federal agencies without clear approval from Congress. The plaintiffs submitted extensive evidence showing critical services being disrupted, including nearly complete staff terminations at the National Institute for Occupational Safety and Health in Pittsburgh. Similar losses were reported at Head Start, the Farm Service Agency, and the Social Security Administration. Illston found the plaintiffs likely to succeed on the merits of several claims, including violations of administrative law and overreach by DGE, the Office of Management and Budget, and the Office of Personnel Management. The administration's efforts, ordered in February by Trump, aim to automate services, eliminate redundant roles, and reduce federal personnel. Critics argue the changes are destabilizing and harmful to community services. Illston's ruling aims to preserve the status quo while legal challenges proceed, with a hearing on a potential preliminary injunction scheduled for May 22.Judge orders temporary halt to Trump administration's government overhaul | ReutersRumeysa Ozturk, a Turkish PhD student at Tufts University, returned to Massachusetts after being held for over six weeks in U.S. immigration custody in Louisiana. Her arrest stemmed from a revoked student visa, which the government linked to an opinion piece she co-wrote criticizing Tufts University's response to the war in Gaza and urging divestment from companies tied to Israel. Ozturk was apprehended by masked officers in Somerville, Massachusetts, and was quickly transferred from Vermont to a detention facility in Louisiana. Her legal team, including the ACLU, argued her detention was a retaliatory act against constitutionally protected speech, aimed at silencing pro-Palestinian voices on campus.U.S. District Judge William Sessions granted her release after determining she had strong grounds for claiming her constitutional rights were violated. Upon arrival at Logan International Airport, Ozturk expressed relief and gratitude, thanking supporters and calling attention to other detained women. Representative Ayanna Pressley condemned the detention as a politically motivated act of intimidation, citing inhumane conditions and medical neglect during Ozturk's confinement. The case has drawn national attention amid broader efforts by the Trump administration to deport campus activists engaged in pro-Palestinian advocacy.Tufts student returns to Massachusetts after release from immigration custody | ReutersOver the weekend Newark Mayor Ras Baraka was arrested and charged with trespassing at the Delaney Hall immigration detention center in New Jersey during an unannounced visit by three Democratic members of Congress. U.S. Immigration and Customs Enforcement (ICE) agents detained Baraka after a scuffle at the facility's gate while a bus of detainees was arriving. Representatives Bonnie Watson Coleman, LaMonica McIver, and Robert Menendez Jr. were also present and said to have been jostled during the confrontation. According to ICE and the Department of Homeland Security, the group's uncoordinated attempt to enter the site was unsafe and politically motivated.Baraka, who is campaigning for governor, stated after his release that he was there to support the lawmakers and did not cross into restricted areas. His supporters and congressional aides claim he remained outside the facility's fence and that ICE exaggerated the incident. DHS accused the group of endangering detainees and law enforcement, while the lawmakers insisted they were exercising lawful oversight powers. The detention center, operated by the GEO Group, has faced criticism from immigrant rights advocates for allegedly lacking local permits and operating against community wishes. The controversy has become entangled in Baraka's gubernatorial campaign, spotlighting tensions over immigration policy and the role of private detention facilities.New Jersey mayor charged with trespassing at US immigration detention center | ReutersPresident Donald Trump announced plans to slash U.S. prescription drug prices to match the lowest prices found internationally, prompting a global selloff in pharmaceutical stocks. In a post touting cuts of “59%, PLUS!,” Trump previewed an executive order mandating a “most-favored nation” pricing rule. This would require that Americans pay no more than citizens in the cheapest country for the same medication—a move that starkly contradicts the administration's prior market-driven rhetoric, now seemingly embracing a form of price fixing. Investors, analysts, and drugmakers scrambled to assess the implications, especially since Medicare and Medicaid represent a major share—around 40%—of U.S. drug spending.The proposed pricing shift offers manufacturers two theoretical paths to comply: lower U.S. drug prices to align with cheaper countries like France or Japan, or raise prices overseas to maintain U.S. revenue levels. It remains unclear which route companies will choose, but economic incentives suggest they'll resist U.S. price drops by inflating foreign costs instead. Trump framed the move as restoring fairness to American consumers, whom he described as having long subsidized global drug development. The executive order follows a prior, unsuccessful attempt during his first term to peg Medicare prices to international benchmarks—a plan struck down in court for procedural flaws.The Inflation Reduction Act already initiated drug price negotiations under President Biden, but Trump's new approach could broaden the scope or accelerate the effort. However, legal and legislative obstacles remain, especially since the administration cannot set prices for the commercial market without congressional support. Analysts are watching closely for whether the policy targets just Medicare, specific drug types, or a wider range. Meanwhile, critics note the contradiction in Trump's newfound support for a centralized pricing strategy after years of decrying government interference in markets.Trump Vows US Drug Price Cuts of Up to 80% in Industry Blow (2) This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: House Judiciary Committee Impeachment Hearings on NixonOn May 9, 1974, the House Judiciary Committee officially opened its impeachment hearings against President Richard Nixon, marking a critical escalation in the fallout from the Watergate scandal. Chaired by Representative Peter Rodino of New Jersey, the committee convened to determine whether Nixon had committed impeachable offenses in connection with the break-in at the Democratic National Committee headquarters and the subsequent cover-up. The hearings were a culmination of mounting political and public pressure following revelations from investigative journalism, court proceedings, and the Senate Watergate Committee.The proceedings were televised, drawing intense national attention as Americans witnessed, in real time, a constitutional reckoning with executive misconduct. Over several weeks, the committee heard testimony and reviewed evidence, including the now-infamous White House tapes that revealed Nixon's attempts to obstruct justice. The hearings underscored the seriousness of Congress's oversight powers and the weight of constitutional accountability.On July 30, 1974, the committee approved three articles of impeachment against Nixon—obstruction of justice, abuse of power, and contempt of Congress. These charges reflected a broad consensus that Nixon had violated his oath of office and undermined democratic institutions. Faced with certain impeachment in the House and likely conviction in the Senate, Nixon resigned on August 8, 1974, becoming the only U.S. president to do so.Chairman Rodino, a previously low-profile legislator, rose to national prominence for his steady leadership during the crisis. His role in navigating the deeply partisan and constitutionally fraught process earned bipartisan respect. Rodino continued to serve in Congress until 1989 and passed away in 2005 at the age of 95.David Souter, a former U.S. Supreme Court Justice appointed by President George H.W. Bush, died at age 85 at his home in New Hampshire. Though expected to be a reliable conservative, Souter surprised many by siding with the Court's liberal wing on major issues, including abortion rights, separation of church and state, and gay rights. He co-authored the pivotal 1992 opinion that upheld Roe v. Wade, warning that overturning it would damage the Court's legitimacy—a view later overruled by a more conservative bench. Souter also opposed the death penalty in cases involving intellectual disability and supported judicial limits on executive and legislative overreach.His 19-year tenure was marked by independence and restraint, and he became a symbol of the unpredictability of judicial behavior. Critics on the right, angered by his rulings, coined the phrase “no more Souters,” prompting future Republican administrations to more rigorously vet nominees. Souter dissented in the controversial Bush v. Gore case and opposed school vouchers and government endorsement of religion, including public prayer and Ten Commandments displays. He played a quiet but significant role in defending detainee rights during the post-9/11 legal battles.A New England native and Rhodes Scholar, Souter was known for his minimalist lifestyle, distaste for technology, and preference for solitude. He never married, avoided Washington society, and retired early to return to a quiet life in New Hampshire, where he pursued historical scholarship and occasional judicial service.David Souter, Bush Supreme Court Pick Who Joined Liberals, DiesFormer US Supreme Court Justice Souter dies, court says | ReutersIn his ongoing quest to staff the government with people he's seen on cable news, Donald Trump has named Fox News host Jeanine Pirro as acting U.S. attorney for the District of Columbia—the nation's top prosecutor in its most politically sensitive jurisdiction. Pirro, a former New York district attorney better known recently for her TV courtroom theatrics and 2020 election denialism, replaces controversial pick Ed Martin, who was pulled after Senate Republicans raised eyebrows about, among other things, his unapologetic defense of Jan. 6 rioters.Announcing the switch on Truth Social, Trump hailed Pirro as “incredibly well qualified,” citing her time as a prosecutor—though most Americans probably know her from The Five, not from the courthouse. Pirro's name, notably, appeared in Dominion Voting Systems' defamation lawsuit over 2020 election falsehoods—a suit Fox settled for $787.5 million. But hey, if you're a regular on his favorite network and say nice things about him, that's apparently the gold standard.Martin, meanwhile, didn't exactly get benched. Trump reassigned him to be pardon attorney, associate deputy attorney general, and head of a new “Weaponization Working Group,” which seems tailor-made to investigate Trump's political enemies under the guise of justice reform.Pirro joins a growing list of Trump-era appointees whose primary qualifications include screen time on Fox News. With Pete Hegseth and Sean Duffy already in the administration, it's clear the only law school that matters to Trump is the University of Primetime Opinion.Fox Host Jeanine Pirro Tapped as Top Acting D.C. Prosecutor (2)A federal judge in Vermont will hold a bail hearing Friday for Rumeysa Ozturk, a Turkish doctoral student at Tufts University, who's been held in immigration detention for over six weeks. Rather than wait for the Trump administration to comply with an earlier court order to bring her back to Vermont from Louisiana, Judge William Sessions ruled she can appear remotely. Ozturk was arrested in Massachusetts in March, shortly after co-authoring a pro-Palestinian op-ed in the campus newspaper—a move her lawyers argue triggered her detention.The case has become a flashpoint in Trump's push to deport pro-Palestinian activists, particularly those affiliated with U.S. universities. After being shuffled between states, Ozturk's lawyers challenged her ongoing detention as unlawful, especially since she was in Vermont when her legal challenge began. The 2nd Circuit had just granted the administration an extension to transfer her by May 14, but Ozturk's legal team argued that waiting another week could worsen her health, citing a series of escalating asthma attacks in custody.The government protested that Friday's hearing might conflict with the appeals court's timeline, but the judge seemed more persuaded by the urgency of Ozturk's condition. Her lawyers, including those from the ACLU, say the delay is unnecessary and harmful.US judge to weigh releasing detained Tufts student on Friday | ReutersThis week's closing theme takes us back to the vibrant world of North German Baroque with a short, spirited gem from Dietrich Buxtehude—Canzonetta in C major, BuxWV 225. Buxtehude, who died on May 9, 1707, was one of the most influential organists and composers of his time, best known today for the impact he had on the young J.S. Bach, who famously walked over 250 miles to Lübeck just to hear him play. Though much of Buxtehude's output was liturgical or improvisatory in nature, the Canzonetta is a delightful exception—playful, nimble, and full of personality.Written for keyboard, this short piece showcases Buxtehude's knack for rhythm and counterpoint without the weightiness of a fugue or choral fantasy. The Canzonetta format itself—essentially a lighter cousin of the canzona—offers him room to experiment with melodic interplay and bright harmonic shifts, all in under four minutes. It feels less like a stern organ master at work and more like a clever musical mind having a bit of fun with form and phrasing.The piece is brisk but unhurried, ornate without being fussy. It's exactly the kind of music that hints at the roots of later Baroque developments, particularly in how themes are traded between voices and playfully developed. In its buoyancy and wit, Canzonetta, BuxWV 225 reminds us that even in the sacred-heavy world of 17th-century North German music, there was space for charm and cheer. As we wrap this week, it's a fine reminder of Buxtehude's range—and why his influence has echoed so far beyond the centuries he lived in.Without further ado, Dietrich Buxtehude—Canzonetta in C major. Enjoy! This is a public episode. 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This Day in Legal History: Petition of RightOn May 8, 1628, the English Parliament formally presented the Petition of Right to King Charles I, marking a key moment in the development of constitutional law and the rule of law in England. This pivotal document emerged in response to growing discontent over the king's use of extrajudicial practices—most notably, the levying of taxes without Parliament's approval and the imprisonment of individuals without cause. Parliament asserted that such actions violated established legal norms rooted in Magna Carta and the common law. The Petition of Right articulated four principal grievances: non-Parliamentary taxation, arbitrary imprisonment, the quartering of soldiers in private homes, and the imposition of martial law during peacetime.Rather than draft new laws, Parliament framed the Petition as a reaffirmation of ancient liberties, underscoring that even the monarch was not above the law. Although Charles initially resisted, political pressure forced him to accept the Petition—though he would later undermine its principles, contributing to the constitutional crises that led to the English Civil War. The Petition became a foundational text in the Anglo-American legal tradition, influencing later legal milestones such as the English Bill of Rights (1689) and the United States Constitution.Its insistence on due process, the separation of powers, and limits on executive authority laid early groundwork for modern democratic governance. In rejecting the idea that the king could rule by prerogative alone, the Petition of Right helped to establish Parliament's role as a co-equal branch of government. The document continues to be cited in legal and political discourse as a seminal assertion of civil liberties. It was a bold challenge to monarchical absolutism at a time when questioning royal authority was fraught with danger. Through its articulation of legal limits on state power, the Petition of Right remains a cornerstone in the long evolution of constitutional democracy.Jenner & Block continues to take on high-profile legal battles against the Trump administration while awaiting a ruling in its own lawsuit challenging one of Trump's executive orders. The firm recently filed a suit in Massachusetts federal court on behalf of universities challenging cost caps imposed by the National Science Foundation on federally funded research. This is one of several legal actions Jenner has brought since Trump's return to the presidency, including lawsuits over restrictions on gender-affirming care and funding cuts to scientific research.Jenner is also seeking to permanently block a Trump executive order that targets the firm due to its ties to Andrew Weissmann, a former partner involved in the Mueller investigation. A judge has already temporarily blocked parts of the order, and other firms like Perkins Coie have secured similar rulings. Critics worry these orders could deter law firms from opposing the administration for fear of retaliation.Jenner is collaborating with former Solicitor General Paul Clement and his firm Clement & Murphy in its newest lawsuit on behalf of major research universities. They've previously teamed up to challenge medical research funding cuts, winning a preliminary court victory. Clement is also representing WilmerHale in its legal fight against Trump. The core argument in these cases is that the administration's actions infringe on constitutional rights, including free speech, due process, and equal protection.Jenner Adds Trump Fights While Fending Off Executive Order (1)The EPA under the second Trump administration is making Superfund site cleanups a central priority, aiming to accelerate remediation efforts across over 1,300 contaminated locations nationwide. EPA Administrator Lee Zeldin emphasized a push for expedited timelines and tangible outcomes, positioning Superfund cleanups as visible and community-focused work that garners public support. The administration has highlighted early actions like major soil removals, enforcement efforts that secured nearly $300 million in cleanups, and the removal of four sites from the Superfund National Priorities List.Observers say this mirrors the Trump EPA's first term, which also emphasized efficiency and redevelopment of polluted sites, often encouraging private investment. However, budget constraints remain a challenge. Superfund appropriations have dropped significantly since 1999, and while the 2021 Infrastructure Act provided a temporary funding boost and reinstated taxes on chemical companies, the current administration's 2026 budget proposes a $254 million cut, claiming tax revenue will suffice.Industry groups oppose the chemical tax, while environmental experts warn that funding and staffing shortfalls could stall progress. Critics caution that setting aggressive timelines without sufficient resources could backfire, leading to missed goals and wasted efforts. To improve the program, experts suggest reforms such as more collaboration with local entities and clearer guidance on common cleanup approaches to reduce delays.Trumps' EPA Shifts to Make Superfund Cleanups a Central MissionFormer Homeland Security Secretary Jeh Johnson has retired from the law firm Paul Weiss to take on a leadership role at Columbia University, where he was elected co-chair of the board of trustees. Johnson, who served under President Obama and spent four decades at Paul Weiss, said he will miss his colleagues but is ready for the new challenge. His departure comes amid tensions between both Paul Weiss and Columbia with the Trump administration.Earlier this year, Trump issued an executive order limiting Paul Weiss's access to federal agencies, citing its ties to a prosecutor from the Russia investigation. To resolve the issue, the firm agreed to provide $40 million in pro bono legal services aligned with the administration's goals—a move criticized by some legal professionals for not challenging the order in court. Paul Weiss's chairman defended the agreement as necessary to protect the firm's future.Columbia University has also faced pressure from the Trump administration, which cut $400 million in federal funding over allegations that the school failed to address antisemitism on campus. In response, Columbia has made concessions to regain funding and recently laid off nearly 180 researchers due to financial strain. The university continues to operate without a permanent president following protests over the Israel-Gaza conflict.Johnson, a known critic of Trump's immigration policies and supporter of Kamala Harris in 2024, becomes the second high-profile departure from Paul Weiss following the firm's controversial deal with the administration.Ex-Obama cabinet secretary leaves law firm Paul Weiss for Columbia post | Reuters This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: Salmon P. Chase DiesOn May 7, 1873, Salmon P. Chase—former Chief Justice of the United States and one of the most prominent legal minds of his generation—died at the age of 65. Chase was a towering figure in antebellum legal and political life, best known for his ardent antislavery positions and constitutional rigor. A fierce abolitionist, he earned the nickname “Attorney General for Runaway Slaves” for his pro bono work defending fugitives in Ohio. Decades before the Civil War, Chase and Abraham Lincoln had crossed paths not as allies, but as legal adversaries. In an 1855 Illinois case—Effie Afton v. Rock Island Bridge Company—Chase represented steamboat interests, while Lincoln defended the nascent railroad industry; the trial featured two future titans on opposite sides of a commercial dispute that mirrored the country's growing sectional divisions.Despite their early courtroom rivalry and later competing candidacies for the 1860 Republican presidential nomination, Lincoln recognized Chase's legal acumen and political influence. He appointed him Secretary of the Treasury, where Chase proved instrumental in financing the Union war effort and creating a national banking system. Ever ambitious, Chase maneuvered politically from within Lincoln's cabinet, seeking the presidency even as he served. In 1864, Lincoln elevated Chase to Chief Justice of the Supreme Court, where he presided over pivotal Reconstruction-era cases and the impeachment trial of President Andrew Johnson.As Chief Justice, Chase dissented in Bradwell v. Illinois and the Slaughter-House Cases, signaling a broader vision for the Fourteenth Amendment than the Court ultimately embraced. His dissents advocated for civil rights and economic fairness at a time when the Court was beginning to retreat from radical Reconstruction. Chase died on May 7, 1873, after collapsing in New York, ending a career that spanned law, finance, politics, and constitutional interpretation.A federal judge struck down an executive order by President Donald Trump targeting the law firm Perkins Coie, ruling it violated the First Amendment and due process protections. U.S. District Judge Beryl Howell found the order to be retaliatory, noting it was motivated by the firm's past legal work and its association with political opponents, including Hillary Clinton's 2016 campaign. The ruling relied heavily on Trump's own public comments—more than 20 of which were cited in the lawsuit—including social media posts and statements made during official events. These remarks, spanning from 2017 through his current term, were used to show the administration's intent to punish the firm for its perceived political stance.Trump's directive revoked security clearances for the firm's lawyers, blocked federal contracts, and limited their access to government officials. Howell emphasized that the problem wasn't Trump's personal criticisms but the official actions taken against the firm based on those views. The case illustrates how Trump's characteristic unfiltered commentary undermined legal defenses by revealing the political motivations behind executive actions. Howell also cited similar coercive behavior toward other major law firms, some of which made significant concessions to avoid being targeted. Legal experts noted that this ruling could influence outcomes in related cases involving other firms.How Trump's own words helped him lose a fight with law firm Perkins Coie | ReutersSamsung Electronics announced that its subsidiary, Harman International, will acquire the audio business of U.S.-based Masimo for $350 million. The move is aimed at bolstering Samsung's position in the global consumer audio market, which is projected to grow from $60.8 billion in 2025 to $70 billion by 2029. The company emphasized that integrating Masimo's audio operations with Harman will enhance its sound technology offerings and create synergies across its mobile, TV, and home appliance divisions. The deal aligns with Samsung's broader strategy to pursue significant mergers and acquisitions to address investor concerns and drive growth. Samsung reaffirmed its commitment to delivering concrete M&A outcomes during its annual shareholder meeting in March.Samsung Electronics says unit Harman acquires Masimo's audio business for $350 mln | ReutersA growing number of wealthy defendants are pursuing pardons from President Donald Trump, some spending over $1 million on legal teams, lobbyists, and consultants to improve their chances. The pardon process under Trump's second term has become informal and politically charged, with access and loyalty appearing to play major roles in who receives clemency. Business figures such as Trevor Milton, founder of Nikola Corp., have successfully received pardons after building political connections, contributing to Trump's campaign, and framing their prosecutions as examples of a weaponized justice system.Traditional channels for clemency through the Justice Department have largely been bypassed, replaced by direct appeals to the White House and advocacy from influential allies. Lawyers well-connected to Trump's circle are reportedly charging premium fees to prepare pardon bids. High-profile figures including crypto executives Sam Bankman-Fried and Roger Ver, as well as media entrepreneur Carlos Watson, have sought or secured relief through this unofficial route. Trump's administration claims it is correcting injustices, but critics argue the system now favors those with money and political ties.Lawyers Are Quoting $1 Million in Fees to Get Pardons to TrumpA federal judge in Rhode Island has blocked the Trump administration from proceeding with layoffs at three small federal agencies, issuing a preliminary injunction against a March 14 executive order that aimed to eliminate or drastically reduce the Federal Mediation and Conciliation Service (FMCS), the Institute of Museum and Library Services (IMLS), and the Minority Business Development Agency (MBDA). Chief Judge John McConnell ruled that the order was likely unlawful, calling it “arbitrary and capricious” and in conflict with the Constitution and the Administrative Procedure Act by bypassing Congress's authority to make laws and allocate funding.The coalition of states challenging the order argued the closures would cause immediate harm, and McConnell agreed, noting that MBDA had essentially been reduced to zero staff, making it impossible to administer its programs. The ruling rejected the administration's claim that the harms were merely speculative and emphasized that irreparable harm had already occurred. The judge also denied a request by the Trump administration to delay enforcement of the injunction. The legal fight is ongoing, but the decision represents a significant obstacle to Trump's broader efforts to restructure the federal government by executive order.Trump Must Halt Layoffs at Three Small Agencies, Judge Says (1) This is a public episode. 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This Day in Legal History: Civil Rights Act of 1960On May 6, 1960, President Dwight D. Eisenhower signed the Civil Rights Act of 1960 into law, marking a cautious but critical step forward in the long legal battle over voting rights in America. The Act was designed to address the persistent and systemic barriers that prevented African Americans, particularly in the South, from registering to vote—barriers that had proven stubbornly resilient despite the Civil Rights Act of 1957.The 1960 law authorized federal inspection of local voter registration rolls, giving the Department of Justice a tool to challenge discriminatory practices on the ground. It also criminalized interference with court orders regarding school desegregation and established penalties for anyone found obstructing an individual's attempt to register to vote. These measures were modest by today's standards but politically bold in an era where states' rights rhetoric often served as a smokescreen for maintaining Jim Crow.Though limited in scope and enforcement power, the Act signaled growing federal willingness to intervene in what had long been considered local matters. It provided legal infrastructure that civil rights lawyers would use as levers in federal court battles over the next half-decade. More importantly, it laid the legislative foundation for the Civil Rights Act of 1964 and the Voting Rights Act of 1965—two landmark laws that would reshape American democracy.By signing the Act, Eisenhower reaffirmed the federal government's role in protecting constitutional rights, even if the law fell short of what civil rights advocates demanded. It represented progress not through sweeping change, but through incremental legal gains—a strategy that would define much of the civil rights movement's legal approach during the 1960s.In retrospect, May 6, 1960, stands not as the culmination of voting rights reform, but as a necessary mile marker on the road toward more expansive and enforceable civil rights protections.Apple is facing a new class action lawsuit from app developers who allege the company defied a federal court order meant to reduce its App Store control and fees. Filed by developer Pure Sweat Basketball in California federal court, the suit follows a ruling by U.S. District Judge Yvonne Gonzalez Rogers that Apple willfully violated a 2021 injunction issued in the Epic Games case. That injunction allowed developers to guide users to alternative, potentially cheaper payment methods outside of Apple's in-app system.Instead, Apple allegedly imposed a new 27% fee on such external purchases, effectively undermining the injunction and preserving its App Store revenue stream. Pure Sweat claims Apple's actions cost developers “hundreds of millions or even billions” of dollars in excessive commissions. The proposed class could include as many as 100,000 developers.Judge Rogers recently referred Apple and one executive to federal prosecutors for potential criminal contempt, escalating the stakes. Apple maintains it did not violate the court order and has filed a notice of appeal. The lawsuit argues Apple deliberately ignored the injunction's intent, continuing to block apps—like Pure Sweat's workout video platform—that included outside purchase links.This latest case adds to Apple's growing legal troubles, including other antitrust suits from consumers and government entities over its App Store and smartphone practices.Apple hit with app developer class action after US judge's contempt ruling | ReutersAs reported by Techdirt, Washington is set to become the eighth U.S. state to pass Right to Repair legislation, signaling continued momentum for the consumer-driven movement despite an overall climate of weak enforcement. Two bills passed with overwhelming bipartisan support: HB 1483, which covers personal electronics and home appliances, and SB 5680, which targets repair access for wheelchairs and mobility devices. Both measures aim to force manufacturers to make spare parts, diagnostic tools, and repair information more accessible to users and independent technicians.Advocates from consumer rights, disability, and environmental groups played a major role in pushing the bills forward. One supporter, Marsha Cutting, shared how her experience with a malfunctioning wheelchair underscored the stakes of the fight—arguing that, with this law in place, she could have fixed her chair instead of waiting months for a replacement.Washington's move highlights the cross-party frustration with corporations that monopolize repairs—especially in sectors like agriculture, where companies like John Deere have drawn scrutiny. Ohio may soon follow suit as the ninth state.Still, as Techdirt notes, many of the states that passed such laws have yet to enforce them meaningfully. In some cases, like New York, the legislation was weakened after passage. Without enforcement teeth, these bills risk being symbolic victories. And with mounting political and fiscal pressure during Trump's second term, there's concern that ambitious consumer protections could quietly fall off the legislative agenda.Washington The Eighth State To Pass ‘Right To Repair' Law | TechdirtMy column for Bloomberg Tax this week looks at the resurgence of Republican-backed proposals for a so-called “millionaire tax” and argues that, far from being a step toward fairness, these marginal rate hikes risk cementing the very inequities they claim to address. I contend that celebrating superficial tweaks to the top marginal tax rate—while leaving the broader tax base untouched—burns valuable political momentum and can make real structural reform less likely in the future.The problem isn't just that the ultrawealthy pay too little tax—it's that we're taxing the wrong things in the wrong ways. A new bracket on reported income doesn't reach the vast majority of economic income for the ultrawealthy, which comes from unrealized gains, pass-through structures, and other vehicles that avoid ordinary income classification. A serious reform agenda would prioritize taxing that hidden wealth: ending stepped-up basis, closing the carried interest loophole, and addressing partnership opacity.Superficial changes like a new tax bracket can create the illusion of progress while leaving the architecture of tax avoidance intact. Worse, these symbolic victories often sap the will for deeper, more consequential change. Once lawmakers can declare they've “done something,” it becomes harder to make the case that more action is needed. As I argue in the piece, this is how inequality persists—not just through resistance, but through the misdirection of well-intentioned but shallow reform. This is a public episode. 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This Day in Legal History: John T. Scopes ArrestedOn May 5, 1925, John T. Scopes, a 24-year-old high school science teacher in Dayton, Tennessee, was arrested for violating the state's Butler Act, which prohibited the teaching of human evolution in public schools. His arrest set in motion one of the most famous trials in American history: the Scopes "Monkey" Trial. The case was a deliberate test of the new law, orchestrated by local businessmen and supported by the ACLU, who wanted to challenge the constitutionality of the statute. Scopes agreed to be the defendant, even though there was uncertainty about whether he had actually taught evolution during class.The trial drew national attention, pitting two legal giants against each other: William Jennings Bryan, a three-time presidential candidate and staunch creationist, for the prosecution, and Clarence Darrow, one of the most famous defense attorneys of the era, for the defense. The proceedings became a spectacle, with reporters from across the country descending on Dayton. The courtroom debate highlighted the deep cultural divide between modernist and fundamentalist values in 1920s America.Scopes was ultimately found guilty and fined $100, though the verdict was later overturned on a technicality. However, the trial's significance went far beyond the outcome. It sparked national conversation about science, religion, education, and the role of government in regulating ideas taught in schools. The Butler Act remained in effect until 1967, and the trial inspired numerous retellings in literature and film, including Inherit the Wind. The Scopes Trial remains a key historical moment in the legal and cultural struggle over academic freedom and the separation of church and state.The first quarter of 2025 offered law firms a paradox: weak demand to start the year, followed by a surge in legal work tied to renewed global trade tensions under President Trump. According to the Thomson Reuters Institute's Law Firm Financial Index, litigation and transactional practices saw a marked uptick in March, largely driven by tariff-related disputes. This late-quarter boost helped mask deeper structural issues—namely declining lawyer productivity and elevated expenses.Despite the spike in work, the index dropped 13 points from Q4 2024, reflecting sluggish growth in demand and a 2.4% year-over-year drop in productivity. Direct expenses, driven by aggressive lateral hiring and performance-based bonus payouts, rose 7.6%, while overhead climbed 6.3%. These figures underscore the cost pressures firms are navigating even as they attempt to capitalize on short-term geopolitical volatility.Billing rates were a rare highlight. Firms raised rates by 7.3% over the prior year, marking the most aggressive pricing push since 2005. That pricing power helped offset some of the drag from low productivity and rising costs.Still, the benefits of this trade-driven spike appear temporary. The report notes that economic instability—particularly trade disruptions—tends to generate front-loaded demand that quickly tapers. With several financial institutions upping their recession odds for late 2025, law firm leaders are being urged to treat Q1 gains as a buffer, not a trend.The legal sector may have outperformed expectations in early 2025, but its exposure to macroeconomic uncertainty is increasing. Strategic planning—not reactive optimism—will determine how firms fare in the months ahead.Trade war boosted law firm demand in early 2025 but challenges lie ahead, report says | ReutersCalifornia's experiment with a homegrown bar exam has officially unraveled. Following a disastrous February rollout plagued by scoring issues, technical failures, and the undisclosed use of AI-generated questions, the California Supreme Court has scrapped the state's new exam for July and ordered a return to the traditional Multistate Bar Exam (MBE).In a Friday order, the court cited ongoing concerns with the question development process and approved a series of score adjustments to mitigate the damage done to February test-takers. Results, initially due that same day, were delayed until Monday to accommodate recalculations. The court also mandated that July's exam revert to the format and components used prior to the February overhaul, abandoning the cost-saving, AI-assisted approach California had pursued.This reversal is not cheap. The State Bar now expects to spend $2.3 million more than originally budgeted to address the fallout, effectively wiping out the projected $3.8 million in annual savings the new system was meant to deliver. Executive Director Leah Wilson, who had championed the exam reform, announced she will step down in July.The court also set the passing score for February's test at 534—lower than what standardized testing experts had advised—and instructed the bar to estimate (“impute”) scores for candidates unable to complete major sections of the exam due to system failures.California, home to the nation's second-largest pool of bar applicants, has now reversed course entirely. What was meant to be a modern, streamlined alternative has turned into a cautionary tale about reform without readiness.California scraps new bar exam for July, adjusts scores on botched February test | ReutersDonald Trump's second-term judicial nomination strategy is picking up right where his first left off: turning to state solicitors general and their deputies to stock the federal bench with young, deeply conservative legal talent. His first new appellate pick, Whitney Hermandorfer of Tennessee, reflects a clear pattern—Trump is drawing from red-state lawyers who've spent the last several years battling the Biden administration in federal courts on issues like abortion, transgender rights, and administrative authority.Hermandorfer, who currently leads strategic litigation for Tennessee's attorney general, has defended the state's abortion ban in medical emergency cases and pushed back against federal Title IX expansions to protect transgender students. She also clerked for three sitting conservative justices, checking all the ideological boxes sought by Trump's judicial selection machine. Her nomination is part of a larger pipeline strategy that prioritizes appellate experience in politically charged litigation and loyalty to the conservative legal movement.This approach is anything but accidental. State solicitors general, particularly in Republican-controlled states, have become central figures in the legal battles over federal policy, turning what was once a technical appellate role into a political proving ground. The result: a crop of hardline conservative lawyers—like Mississippi's Scott Stewart, who argued Dobbs, or Alabama's Edmund LaCour, who defended gender-affirming care bans—ready to step into lifetime judicial roles.With at least 45 current and 15 future federal vacancies, including six at the appellate level, Trump has the opportunity to accelerate his effort to reshape the judiciary. The model is clear: ideological fidelity, battlefield experience, and youth. What's emerging is a deliberate, well-coordinated pipeline from red-state litigation offices straight onto the federal bench—a move likely to solidify conservative judicial influence for decades.Trump Returns to Red State Appeals Lawyers to Fill Judgeships This is a public episode. 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This Day in Legal History: Louisiana Adopts State Constitution, McCarthy Dies, and Birmingham CampaignOn May 2, 1939, Louisiana adopted its current state constitution, known as the Louisiana Constitution of 1921, which at the time marked a significant overhaul of state governance. Though originally adopted in 1921, it underwent critical amendments and re-ratification processes culminating on this date to reflect broader federal constitutional principles, especially concerning civil rights and governance reforms. This version would go on to become one of the most amended constitutions in the U.S., highlighting Louisiana's complex political and legal environment, particularly around issues of race, voting, and economic regulation.On the federal level, on May 2, 1957, Senator Joseph McCarthy died, signaling the end of one of the most controversial chapters in American legal and political history. McCarthy had become the face of the post-war Red Scare, using Senate hearings and investigations to accuse numerous government officials and private citizens of Communist sympathies without substantial evidence. His tactics led to the coining of the term “McCarthyism,” representing the broader trend of reckless accusations without due process, a violation of basic legal protections. His downfall began with the 1954 Army-McCarthy hearings, where his aggressive questioning was televised, turning public opinion sharply against him.Also on May 2, 1963, during the Birmingham Campaign, hundreds of African American children and teenagers marched in Birmingham, Alabama, as part of a civil rights strategy to provoke mass arrests and draw national attention to segregation. The police response, using dogs and fire hoses on peaceful demonstrators, shocked the nation and galvanized support for federal civil rights legislation. These events laid crucial groundwork for the Civil Rights Act of 1964, which fundamentally altered American legal frameworks surrounding discrimination.Justice Ketanji Brown Jackson, never one to sugarcoat institutional danger, pulled no punches in a recent address where she warned that political attacks on the judiciary—particularly from Donald Trump and his orbit—aren't just angry outbursts. They're strategic. “Not random,” she emphasized, but seemingly calculated to chill the bench and warp the public's view of judicial independence. Speaking in Puerto Rico at a judges' conference, she framed the threats and harassment against judges as not merely inappropriate, but corrosive to democracy itself—an erosion of the rule of law masquerading as political speech.While Jackson didn't name Trump directly (a nod, perhaps, to judicial decorum), she acknowledged “the elephant in the room.” That elephant has been stomping around the judiciary for years, from defying court orders to demanding impeachments of judges who don't rule his way. Chief Justice John Roberts—no firebrand liberal—has already rebuked Trump this year for trying to undermine judicial authority. Jackson's remarks, which reportedly drew a standing ovation, echoed deeper concerns among legal scholars about an impending constitutional crisis fueled by executive overreach and coordinated judicial delegitimization.With a 6–3 conservative majority still holding firm on the Supreme Court, her comments are more than ideological protest. They're a pointed reminder that the judiciary's legitimacy isn't just under rhetorical attack—it's being targeted as a political obstacle. And in Jackson's view, the stakes couldn't be higher.US Supreme Court Justice Jackson criticizes Trump's attacks on judges | ReutersDonald Trump's judicial conveyor belt is up and running again. Today, May 1, 2025, he announced his first federal judicial nominee since retaking the White House: Whitney Hermandorfer, a conservative legal operative from Tennessee who's clerked for three sitting Supreme Court justices and currently works under the state's Republican Attorney General. If confirmed, she'll take a seat on the 6th U.S. Circuit Court of Appeals—a vacancy that lingered after Biden's nominee stalled amid GOP opposition from Tennessee's own senators.Trump's post on Truth Social didn't mince words: Hermandorfer is a “Fighter,” a term that doubles as both a branding strategy and a judicial philosophy. Her resume backs that up—she's defended Tennessee's abortion ban and fought Biden-era protections for transgender students. Translation: she's been in the legal trenches of the culture war and emerged as a reliable soldier for the right.This nomination is the opening salvo in what could be a new wave of over 100 judicial appointments in Trump's second term, offering him another shot at reshaping the federal bench after appointing 234 judges—including three Supreme Court justices—during his first. Hermandorfer is stepping into a seat vacated by Judge Jane Stranch, an Obama appointee, whose intended successor under Biden, Karla Campbell, never got her Senate vote thanks to a post-election deal between Democrats and Republicans to fast-track some trial court nominees at the cost of four appellate picks.The judicial arms race is back. And this time, the Senate arithmetic—and the vacancies left behind—may tilt even harder in Trump's favor.Trump makes first judicial nomination since returning to White House | ReutersGoogle's legal team is headed to federal court Friday to plead with Judge Leonie Brinkema not to yank apart its advertising tech empire. At stake is nothing short of the future architecture of online advertising. The DOJ is pushing to force Google to divest key parts of its Google Ad Manager, including the ad exchange and publisher ad server—core infrastructure for monetizing digital content. Think of it as ripping out the plumbing from the internet's ad economy.Judge Brinkema has already ruled that Google unlawfully tied its ad server and ad exchange, leveraging its dominance in a way that stifled competition and hurt publishers. Not exactly a glowing endorsement of their market behavior. Still, Google insists that a forced breakup isn't just excessive—it's legally unjustified. Their position is these tools do more than just hawk banner ads, and the DOJ's remedy would be a regulatory overreach.In the backdrop is another case in D.C., where the DOJ is toying with the idea of making Google sell Chrome—the browser—over its search dominance. Google clearly doesn't want a repeat of that nightmare here.So, the message from Mountain View is clear: Let's talk tweaks, not torpedoes. But Brinkema's already signaled she sees systemic harm. Whether that translates into structural remedies—or just more behavioral promises—now depends on how persuasive Google's lawyers can be without sounding like they're defending a monopoly.Google will seek to avoid ad tech spinoff in antitrust case | ReutersThis week's closing theme brings us into the fiery imagination of Hector Berlioz, the 19th-century French composer who lived as intensely as he wrote. Berlioz was a Romantic through and through—equal parts visionary, dramatist, and eccentric. His music defied convention, his orchestration exploded boundaries, and his literary obsession with Goethe's Faust gave rise to one of his most enigmatic and powerful works: La Damnation de Faust (The Damnation of Faust), completed in 1846.Not quite an opera, not quite a cantata, Berlioz called it a "dramatic legend"—a hybrid form that suited his unconventional style and theatrical flair. Drawing from Gérard de Nerval's French translation of Faust, the work traces the tortured scholar's tragic arc: from existential despair, to enchanted pastoral scenes, to infernal damnation, all wrapped in Berlioz's vivid orchestral color. Its fourth part, the “Ride to the Abyss” and “Pandemonium,” is especially striking—a blazing descent into hell that's often performed independently, particularly around Walpurgis Night on April 30 and May 1, when tales of witches' sabbaths and demonic revels echo the scene's imagery.At its premiere, The Damnation of Faust baffled audiences and bombed commercially, though it has since been recognized as one of Berlioz's masterpieces, showcasing his flair for narrative, his taste for the macabre, and his unmatched orchestral daring. It remains a high watermark for musical storytelling without staging—and an apt closer for a week shadowed by ambition, unrest, and devilish bargains.Without further ado, The Damnation of Faust, by Hector Berlioz. Enjoy! This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: “Law Day” is BornOn this day in 1958, President Dwight D. Eisenhower issued a proclamation that did more than just slap a new label on the calendar—it attempted to reframe the ideological narrative of the Cold War itself. With Presidential Proclamation 3221, Eisenhower officially designated May 1 as Law Day, a symbolic counterweight to May Day, the international workers' holiday long associated with labor movements, socialist solidarity, and, in the American imagination, the creeping specter of communism.What better way to combat revolutionary fervor than with a celebration of legal order?Pushed by the American Bar Association, Law Day wasn't just a feel-good civics moment; it was a strategic act of Cold War messaging. While the Soviet bloc paraded tanks through Red Square, the U.S. would parade its Constitution and wax poetic about the rule of law. In short, May Day was about the workers; Law Day was about the lawyers—and the system they claimed safeguarded liberty.But this wasn't just symbolic posturing. In 1961, Congress gave Law Day teeth by writing it into the U.S. Code (36 U.S.C. § 113), mandating that May 1 be observed with educational programs, bar association events, and a national reaffirmation of the “ideal of equality and justice under law.”Cynics might call it Constitution cosplay. Advocates call it civic literacy.Either way, Law Day has endured. Each year, the President issues a formal proclamation with a new theme—ranging from the judiciary's independence to access to justice. The ABA leads events, schools hold mock trials, and the legal community gets a rare day in the spotlight.In the grand tradition of American holidays, Law Day may not come with a day off or department store sales. But it's a reminder that the U.S. doesn't just celebrate its laws when it's convenient—it does so deliberately, and sometimes, geopolitically.A federal judge ruled that Apple violated a 2021 injunction meant to promote competition in its App Store by improperly restricting developers' payment options. U.S. District Judge Yvonne Gonzalez Rogers found that Apple defied her prior order in an antitrust case brought by Epic Games, the maker of Fortnite. The judge referred Apple and its vice president of finance, Alex Roman, to federal prosecutors for a possible criminal contempt investigation, citing misleading testimony and willful noncompliance. She emphasized that Apple had treated the injunction as a negotiation rather than a binding mandate.Epic Games CEO Tim Sweeney praised the ruling as a win for developers and said Fortnite could return to the App Store soon. Apple had previously removed Epic's account after it allowed users to bypass Apple's in-app payment system. Despite the ruling, Apple maintains it made extensive efforts to comply while protecting its business model and plans to appeal. Epic argued that Apple continued to stifle competition by imposing a new 27% fee on external purchases and deterring users through warning messages. The judge rejected Apple's request to delay enforcement of her ruling and barred the company from interfering with developers' ability to communicate with users or imposing the new fee.US judge rules Apple violated order to reform App Store | ReutersPalestinian student Mohsen Mahdawi, a Columbia University graduate student and longtime Vermont resident, was released from U.S. immigration custody after a judge ruled he could remain free while contesting his deportation. The case stems from the Trump administration's efforts to remove non-citizen students who have participated in pro-Palestinian protests, arguing such activism threatens U.S. foreign policy. Mahdawi, who was arrested during a citizenship interview, has not been charged with any crime. Judge Geoffrey Crawford found he posed no danger or flight risk and compared the political environment to McCarthy-era crackdowns on dissent.Crawford emphasized that Mahdawi's peaceful activism was protected by the First Amendment, even as a non-citizen. Mahdawi was greeted by supporters waving Palestinian flags as he denounced his detention and vowed not to be intimidated. The Department of Homeland Security criticized the decision, accusing Mahdawi of glorifying violence and supporting terrorism, although no evidence or charges of such conduct were presented in court.Members of Vermont's congressional delegation condemned the administration's actions as a violation of due process and free speech. Mahdawi's release was seen as a symbolic blow to broader efforts targeting pro-Palestinian foreign students, while others in similar situations remain jailed. Columbia University reaffirmed that legal protections apply to all residents, regardless of citizenship status.The relevant takeaway here revolves around the First Amendment rights of non-citizens – Judge Crawford's ruling affirmed that lawful non-citizens enjoy constitutional protections, including freedom of speech. This principle was central to Mahdawi's release, reinforcing the legal standard that political expression—even controversial or unpopular—is not grounds for detention or deportation.Palestinian student released on bail as he challenges deportation from US | ReutersA federal judge in San Francisco is set to consider a critical legal question in ongoing copyright disputes involving artificial intelligence: whether Meta Platforms made "fair use" of copyrighted books when training its Llama language model. The case, brought by authors including Junot Díaz and Sarah Silverman, accuses Meta of using pirated copies of their work without permission or payment. Meta argues that its use was transformative, enabling Llama to perform diverse tasks like tutoring, translation, coding, and creative writing—without replicating or replacing the original works.The outcome could significantly impact similar lawsuits filed against other AI developers like OpenAI and Anthropic, all hinging on how courts interpret fair use in the context of AI training. Meta contends that its LLM's use of copyrighted material is covered under fair use because it generates new and transformative outputs, rather than duplicating the authors' content. Plaintiffs argue that this type of use violates copyright protections by extracting and repurposing the expressive value of their works for commercial AI systems.Technology firms warn that requiring licenses for such training could impede AI innovation and economic growth. Authors and content creators, on the other hand, view the unlicensed use as a threat to their financial and creative interests.Judge in Meta case weighs key question for AI copyright lawsuits | ReutersThe U.S. Supreme Court appears sharply divided over whether states can prohibit religious charter schools from receiving public funding, in a case that could significantly alter the legal landscape for church-state separation in education. The case centers on Oklahoma's rejection of St. Isidore of Seville Catholic Virtual School's bid to become the first publicly funded religious charter school in the country. Conservative justices, including Brett Kavanaugh, expressed concerns that excluding religious schools constitutes unconstitutional discrimination, while liberal justices emphasized the importance of maintaining a secular public education system.Chief Justice John Roberts is seen as a crucial swing vote. He questioned both sides, at times referencing prior rulings favoring religious institutions, but also signaling discomfort with the broader implications of authorizing religious charter schools. Justice Sotomayor raised hypothetical concerns about curriculum control, such as schools refusing to teach evolution or U.S. history topics like slavery.The case could affect charter school laws in up to 46 states and has implications for federal charter school funding, which mandates nonsectarian instruction. Justice Amy Coney Barrett recused herself, increasing the possibility of a 4-4 split, which would leave Oklahoma's decision to block St. Isidore intact without setting a national precedent.This case hinges on the constitutional balance between prohibiting government endorsement of religion (Establishment Clause) and ensuring equal treatment of religious institutions (Free Exercise Clause). The justices' interpretations of these principles will guide whether public funds can support explicitly religious charter schools.Supreme Court Signals Divide on Religious Charter Schools - Bloomberg This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: Louisiana PurchaseOn this day in legal history, April 30, 1803, the United States signed the Louisiana Purchase Treaty with France, dramatically altering the legal and territorial landscape of the country. The treaty, signed in Paris by American envoys Robert Livingston and James Monroe, officially transferred approximately 828,000 square miles of land west of the Mississippi River from French to American control. President Thomas Jefferson, though uncertain whether the U.S. Constitution explicitly authorized such a land acquisition, ultimately supported the deal, citing the necessity of expanding the republic and securing trade access to the port of New Orleans.The purchase, which cost $15 million (roughly four cents an acre), effectively doubled the size of the United States and set a precedent for executive power in foreign affairs. It raised important legal questions regarding the role of the executive branch, the powers of Congress, and the interpretation of constitutional authority in territorial expansion. The acquisition also intensified debates over the expansion of slavery and the treatment of Indigenous peoples, both of which would become central legal and political issues throughout the 19th century.In addition to expanding national territory, the Louisiana Purchase laid the groundwork for the exploration and legal organization of new states. Soon after, Congress passed legislation governing how the territory would be divided and admitted into the Union. This required new legal frameworks for property rights, governance, and federal versus state authority in previously foreign lands.The U.S. Supreme Court is preparing to hear arguments on whether Oklahoma can fund a religious charter school—the first case of its kind. At issue is the state's attempt to establish St. Isidore of Seville Catholic Virtual School, a K-12 online institution run by two Catholic dioceses, using public funds. A state court previously blocked the school, ruling it would act as a “governmental entity” and violate the First Amendment's Establishment Clause, which bars government endorsement of religion.The school's supporters, including Oklahoma's governor and President Trump, argue that denying the school solely because it is religious constitutes a violation of the Free Exercise Clause of the First Amendment. Meanwhile, opponents, including the state's attorney general, warn that the move would amount to taxpayer-funded religious indoctrination and could erode public education standards, particularly around non-discrimination.Charter schools in Oklahoma are considered public entities, which complicates claims that St. Isidore would operate as a private, independent institution. Organizers maintain that contracting with the state doesn't make the school an arm of the government. The Supreme Court's decision, expected by June, could redefine the boundaries between church and state in education.The legal element worth highlighting here is the Establishment Clause vs. Free Exercise Clause tension—the case tests how far states can go in accommodating religious institutions without endorsing them. This clash sits at the core of modern debates about public funding and religious liberty. Under the current Supreme Court composition, it is likely we will see an expansion of the former at the cost of the limits in the latter. US Supreme Court mulls legality of milestone religious charter school | ReutersGoogle CEO Sundar Pichai is set to testify in a high-stakes antitrust trial where the U.S. Department of Justice is pushing to break up parts of Google's business to restore competition in online search. The DOJ is urging the court to force Google to divest its Chrome browser and stop paying major tech partners like Apple and Samsung to be the default search engine on their devices. Prosecutors argue these deals entrench Google's monopoly and hinder innovation, especially as search overlaps more with emerging generative AI tools like ChatGPT.U.S. District Judge Amit Mehta has already found that Google maintains a dominant position in the search market with no real rivals. The government is also asking the court to make Google share search data with competitors to level the playing field. Google, in response, claims that such measures would harm user privacy and undercut smaller partners like Mozilla that depend on Google funding.Pichai is expected to argue that the proposed remedies would have unintended consequences across the tech ecosystem. Google has already made some adjustments, allowing phone makers to pre-install alternative search and AI apps, but it still plans to appeal any adverse ruling. The case could have sweeping implications for the future of search, digital competition, and AI integration online.Google CEO Sundar Pichai to take the stand at search antitrust trial | ReutersPresident Trump issued an executive order directing the Justice Department to coordinate free legal defense for police officers accused of misconduct. The order calls on Attorney General Pam Bondi to organize pro bono support from private law firms, aiming to protect officers who, in the administration's view, face "unjust liability" for actions taken in the line of duty. Though the order doesn't name specific firms, it expands Trump's broader effort to harness the legal industry to support his administration's priorities.This follows recent agreements between the Trump administration and nine major law firms—including Paul Weiss, Skadden, and Kirkland & Ellis—to commit $940 million worth of pro bono work to causes the administration endorses, such as veterans' services and combating antisemitism. Critics, including the National Association of Criminal Defense Lawyers and 20 Democratic state attorneys general, have raised concerns about political pressure and lack of transparency in how these firms were selected and what they've agreed to.The order also calls for improved pay and training for police while denouncing efforts to “demonize law enforcement.” Critics warn this could undermine accountability and place pressure on firms to align their legal services with political goals. Meanwhile, some firms have publicly stated they will maintain control over their pro bono work, even as Trump claims the right to “use” them for administration-selected causes.Trump executive order seeks law firms to defend police officers for free | ReutersIn a piece I wrote for Forbes this week, I examined President Trump's renewed push to replace income taxes with tariffs, particularly targeting relief for Americans making under $200,000. The idea sounds populist, but it's economically misleading. Tariffs, after all, are simply hidden taxes that show up in the form of higher prices on imported goods. For lower- and middle-income Americans—those Trump claims to want to help—this shift would likely increase, not reduce, their financial burden.The proposal doesn't change the amount of money the government needs—just where it's extracted. Instead of the IRS, the “bill collector” becomes stores, suppliers, and foreign producers, with consumers footing the bill at checkout. Trump's approach, I argue, banks on the psychological difference between writing a tax check and absorbing incremental price hikes, though the economic effect is the same.Historically, tariff-based revenue systems led to inequality and volatility—conditions that helped inspire the adoption of the income tax through the Sixteenth Amendment. And practically speaking, tariffs simply cannot generate the hundreds of billions needed to sustain modern federal programs. Relying on them also cedes revenue control to foreign exporters, which undermines national fiscal stability.Ultimately, this policy doesn't tackle the real issue—Americans' frustration with a high cost of living. Instead, it disguises taxation while dodging the deeper structural question of who should be paying more. I emphasized that real reform must address not just how taxes are collected, but also the fairness of who bears the burden.Trump Continues To Push Idea Of Replacing Income Tax With TariffsSpecial ThanksStephanie Himel-Nelson, Jennifer Porter Law, PLLC This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: Los Angeles RiotsOn April 29, 1992, the Los Angeles riots erupted following the acquittal of four LAPD officers charged with excessive force in the beating of Rodney King, an African American motorist. The brutal 1991 beating had been captured on video and widely broadcast, leading to public outrage. However, when a largely white jury in suburban Simi Valley found the officers not guilty of assault and use of excessive force, it sparked immediate and widespread unrest. Over six days, riots, looting, arson, and violence resulted in more than 60 deaths, thousands of injuries, and nearly $1 billion in property damage. The events prompted a national conversation about police accountability, racial injustice, and the legal standards for the use of force.Legally, the case led to significant developments: the U.S. Department of Justice later brought federal civil rights charges against the officers, resulting in two convictions. The riots also accelerated efforts to reform policing practices, sparked lawsuits, and influenced federal legislation concerning police oversight. The King case remains one of the most prominent examples in American legal history where video evidence, jury perception, and civil rights law collided in dramatic fashion.On Monday, U.S. law firm Jenner & Block is asking a federal judge to permanently block an executive order issued by President Donald Trump that penalizes the firm for its past employment of Andrew Weissmann, a prosecutor involved in the Russia investigation. Trump's order, issued on March 25, aims to restrict Jenner's access to federal facilities and terminate government contracts held by its clients. Jenner argues the order violates the First Amendment's protection of free speech and the Fifth Amendment's guarantee of due process. The case will be heard by U.S. District Judge John Bates, a Republican appointee, in Washington. Three other firms — Perkins Coie, WilmerHale, and Susman Godfrey — have also sued to block similar executive orders. So far, judges have temporarily halted major parts of Trump's orders in these cases. The broader context involves Trump's pressure campaign against law firms he views as politically opposed. Meanwhile, other major firms have pledged significant pro bono support to White House causes to avoid being targeted. Jenner is also suing the administration over its actions concerning transgender rights and agency funding freezes.US law firm Jenner asks court to permanently bar Trump executive order | ReutersPresident Donald Trump plans to sign an executive order requiring the Attorney General and Secretary of Homeland Security to compile a list within 30 days of cities and states that are not complying with federal immigration laws. The move escalates Trump's ongoing battle against so-called "sanctuary" jurisdictions, which limit cooperation with federal immigration enforcement. This follows a federal judge's recent decision blocking the administration from withholding funds from these jurisdictions. Trump officials highlighted a sharp drop in illegal border crossings since he took office, though deportations have fallen compared to Biden's administration. ICE detention centers are over capacity, leading the government to prepare facilities like Fort Bliss and to continue using Guantanamo Bay for migrant detention. Separately, controversy arose after a Wisconsin judge was arrested for allegedly helping a defendant avoid immigration authorities, an action defended by the Trump administration. Despite divided public opinion, Trump's immigration policies maintain relatively strong approval ratings compared to his handling of other issues.Trump to sign order requiring list of sanctuary cities, states, official says | ReutersMy column for Bloomberg this week argues that if Congress wants professional sports to be more equitable, accountable, and less reliant on taxpayer subsidies, it should rethink a looming tax change that would punish the Atlanta Braves—the only MLB team subject to full public oversight. A new cap on salary deductions for public companies under Section 162(m) is set to take effect in 2027, and while not aimed directly at sports teams, it would hit the Braves with an estimated $19 million annual tax hike. Meanwhile, billionaire-owned private teams would continue enjoying deduction benefits without similar transparency obligations.I explain that public ownership brings clear benefits: the Braves are required to file audited financials, face investor scrutiny on major spending decisions, and have less flexibility to threaten cities with relocation demands. Unlike private ownership groups that can easily pressure municipalities for stadium subsidies, publicly traded teams must answer to broader stakeholder interests. Moreover, public teams can raise capital through stock or bonds instead of leaning on taxpayers.Rather than penalizing the only team operating under these conditions, Congress should create incentives—like a targeted entertainment industry carveout—to encourage more public ownership. The goal isn't to give special treatment to the Braves, but to promote a model that favors transparency, accountability, and financial independence from taxpayers. Letting the current tax rule stand would send the wrong message: rewarding secrecy while punishing openness—and that's bad policy not just for baseball, but for public trust. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: Mutiny on the BountyOn April 28, 1789, one of the most famous acts of rebellion at sea occurred aboard the HMS Bounty. Captain William Bligh and 18 loyal crew members were forcibly set adrift in the Pacific Ocean by mutineers led by Fletcher Christian. The incident exposed deep tensions over leadership, working conditions, and authority in the Royal Navy. British law at the time treated mutiny as a capital offense, reflecting the critical importance of discipline aboard ships. After the mutiny, an intense search for the culprits began, with some mutineers eventually captured and returned to England to stand trial.The ensuing court-martial proceedings offered early insight into naval justice and the balancing act between maintaining strict command and recognizing crew grievances. Defendants argued that Bligh's harsh leadership provoked the uprising, but the Admiralty was unwavering in its stance against insubordination. Of those captured, three were found guilty and hanged, while others were acquitted or pardoned. The legal handling of the mutiny reinforced the severe consequences for undermining maritime authority. It also prompted discussions about humane treatment of sailors, subtly influencing later reforms in naval discipline.The Mutiny on the Bounty became a lasting symbol in both legal and cultural history, illustrating how law functions as both a tool of control and a response to the realities of human endurance and dissent at sea.Seven Democratic senators on the U.S. Senate Judiciary Committee have requested information from the Justice Department regarding recent changes within its civil rights division under President Donald Trump's administration. In a letter sent Friday, they expressed concern over the reassignment of several career officials, suggesting these moves could be an attempt to pressure staff into leaving and shift the division's enforcement priorities. Since Trump's return to office and the appointment of Pam Bondi as Attorney General, the department has paused investigations into police misconduct, launched a gun rights investigation in Los Angeles, and altered its approach to transgender rights cases. It has also opened investigations into antisemitism related to pro-Palestinian protests at colleges. The senators emphasized the importance of nonpartisan career staff in maintaining the integrity of civil rights enforcement. About a dozen senior attorneys specializing in voting, police, and disability rights were among those reassigned. The Justice Department has not yet commented on the senators' letter.Democratic senators question US Justice Department on civil rights changes | ReutersThe U.S. Drug Enforcement Administration announced that federal law enforcement agencies raided a nightclub in Colorado Springs, arresting over 100 individuals who were in the U.S. illegally. The operation resulted in 114 arrests out of more than 200 people present at the venue, making it one of the largest immigration-related raids since President Donald Trump's second term began. Attorney General Pam Bondi stated that the raid also led to the seizure of cocaine, methamphetamine, and "pink cocaine," and two individuals were arrested on outstanding warrants. Bondi mentioned links to gangs like Tren de Aragua and MS-13, although she did not directly confirm whether those arrested were affiliated with them. The DEA noted that occupants were given multiple warnings before the raid was executed. This action is part of an intensifying crackdown on illegal immigration under Trump's renewed immigration policies. Separately, ICE recently reported nearly 800 immigration-related arrests in Florida during a multi-agency operation.Over 100 migrants in the US illegally arrested in Colorado nightclub | ReutersThe Supreme Court has requested additional briefing in a case challenging the Affordable Care Act's mandate that insurers cover preventive services, like cancer screenings, at no cost. The justices specifically want the parties to address whether the Secretary of Health and Human Services has the legal authority to appoint members of the U.S. Preventive Services Task Force, which advises on covered treatments. During arguments on April 21, Justice Neil Gorsuch questioned whether the power to remove officials necessarily implies the power to appoint them, an issue the lower court had not considered. The Fifth Circuit Court of Appeals previously ruled that the task force's structure violated the Constitution's appointments clause, arguing its members must be nominated by the president and confirmed by the Senate. The Trump administration contends the task force members are merely "inferior officers" under the HHS Secretary's control. The case also involves objections by Texas businesses and residents to mandatory coverage of HIV prevention drugs, claiming unconstitutional imposition by unelected officials. Supplemental briefs are due by May 5, and while rare, this is not the first time the Court has asked for more information after oral arguments, as seen in past cases like Zubik v. Burwell and Citizens United v. FEC.Supreme Court Orders New Briefs After Obamacare Case Argued (1) This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: United States v. Carolene Products Co. DecidedOn April 25, 1938, the U.S. Supreme Court issued its decision in United States v. Carolene Products Co., 304 U.S. 144, a seemingly mundane case about a federal law banning the interstate shipment of “filled milk.” But beneath its surface lay one of the most consequential footnotes in American constitutional history. The Court upheld the statute under a rational basis review, affirming Congress's authority to regulate economic activity. However, in Footnote Four of the majority opinion, Justice Harlan Fiske Stone proposed a bold and lasting idea: not all legislation should be treated equally when it comes to judicial review.Stone suggested that while economic regulations would generally be upheld if they had a rational basis, laws that appeared to conflict with specific constitutional prohibitions or aimed at "discrete and insular minorities" might require stricter scrutiny. This footnote planted the seed for what would become the modern system of tiered judicial scrutiny—rational basis, intermediate scrutiny, and strict scrutiny—used to assess the constitutionality of laws under the Equal Protection and Due Process Clauses.Though Footnote Four was not binding, it became one of the most cited and influential passages in constitutional law. It signaled a shift away from the Lochner-era deference to economic liberty and toward more robust judicial protection of civil rights and liberties. The idea that courts have a special role in protecting politically powerless groups fundamentally shaped later decisions in cases involving racial discrimination, free speech, and voting rights.In this way, a case about dairy regulation became a cornerstone of modern constitutional doctrine. Carolene Products illustrates how even minor legal disputes can produce major legal revolutions—one footnote at a time.In a rare display of bipartisan unity, the U.S. government is making significant legal advances against Big Tech, with Meta and Google facing tough antitrust scrutiny in simultaneous court cases. In separate proceedings in a Washington federal courthouse, the FTC is attempting to break up Meta, while the DOJ is pressing Google over illegal monopoly practices, including deals to pre-install its AI on smartphones. These efforts reflect years of legal groundwork laid across both the Trump and Biden administrations, showing that concerns over Big Tech's power and influence transcend party lines—even if the motivations differ. While Democrats emphasize market concentration and data control, Republicans have focused on censorship and political bias. Despite court momentum, legislative action remains stalled, hindered by political polarization and disagreements over broader issues like content moderation and China policy. The bipartisan front could fracture as political dynamics shift, especially with Trump signaling a more cooperative stance toward tech companies–or at least a willingness to extract rents from them.Meta, Google Hammered in Court in Sign of Rare Left-Right Unity - BloombergThe American Bar Association (ABA) laid off over 300 employees after the Trump administration cut $69 million in federal grant funding, according to a new lawsuit filed by the ABA against the Department of Justice. The organization alleges the cuts were politically motivated retaliation for its support of diversity initiatives and criticism of the administration. The terminated grants had funded legal aid programs for domestic violence victims and immigrants, as well as global rule of law initiatives. The layoffs affected about a third of the ABA's staff, including workers in its South Texas ProBar program and international legal development projects. The DOJ ended the grants shortly after barring its attorneys from participating in ABA events. The ABA is being represented by Democracy Forward in the suit, which also names Attorney General Pam Bondi and Deputy Attorney General Todd Blanche as defendants.ABA Lays Off 300 Employees, Blaming Trump Grant Funding Cuts (1)Richard Lawson, the lawyer defending President Trump's executive orders targeting law firms, has faced repeated courtroom defeats while offering vague, evasive answers under judicial questioning. In four separate cases, courts have temporarily blocked Trump's orders, which aimed to punish firms like Perkins Coie and WilmerHale for their roles in legal actions against him by revoking security clearances and threatening government contracts. Judges have openly criticized the orders as retaliatory and politically motivated. Despite this, Lawson has often appeared alone in court, prompting speculation that even the Justice Department is reluctant to back the arguments he's tasked with presenting. His vague responses and visible discomfort have drawn scrutiny, especially given his political ties to Attorney General Pam Bondi and his role at the pro-Trump America First Policy Institute. While some law firms have settled by agreeing to large pro bono commitments, others are pushing forward in court, where permanent injunctions against the executive orders now seem likely.Trump Attorney for Big Law Attacks Says Little as Losses Rack UpIn a piece for Forbes earlier this week, I argue that the state and local tax (SALT) deduction is fundamentally flawed and difficult to defend. Though often framed as a benefit to the middle class or a protection against double taxation, the deduction overwhelmingly favors wealthy households and creates inequities in the federal tax system. It allows states to impose high taxes without facing full political accountability, effectively outsourcing part of the cost to the federal government. The 2017 cap of $10,000 was a step in the right direction, and data shows that repealing it would benefit primarily the top 20% of earners—not typical working families. Unlike other personal expenses like rent or groceries, which aren't deductible, SALT gets special treatment without clear justification. If we care about fairness, progressivity, and honest budgeting, it's time to seriously consider scrapping the deduction altogether.Reconsidering The SALT Deduction: Is It Defensible?This week's closing theme is the final section of Finlandia, Op. 26, by the Finnish composer Jean Sibelius, performed here in its piano version. Composed in 1899 during a time of intense political censorship and rising nationalist sentiment, Finlandia was Sibelius's defiant musical response to Russian oppression. The tone poem was originally part of a series of historical tableaux performed as a protest against censorship, with Finlandia serving as the rousing finale.While the early passages of Finlandia are turbulent and stormy—meant to evoke struggle—the final section is a striking contrast: serene, solemn, and deeply moving. This lyrical closing, often referred to as the Finlandia Hymn, became an unofficial anthem of Finnish resistance and later a national symbol of unity and perseverance. In this week's selection, we hear a solo piano arrangement that strips the music to its essence, allowing the melody's dignity and quiet strength to shine through.Sibelius once said, “Music begins where the possibilities of language end,” and in Finlandia's final moments, words do indeed fall away. What remains is a profound expression of hope and resilience—qualities that have made this music resonate far beyond Finland's borders. Though Sibelius composed in the late Romantic tradition, his voice is unmistakably his own: direct, elemental, and rooted in the landscape and soul of his homeland.As we close out the week, let Finlandia remind us that even in times of turbulence, grace and resolve can still find their voice. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: Easter RisingOn April 24, 1916, the Easter Rising erupted in Dublin as Irish republicans launched a bold and ultimately tragic insurrection against British rule. The event, intended to establish an independent Irish Republic, had enormous legal and constitutional consequences that would ripple through British and Irish law for years. Roughly 1,200 rebels seized key buildings across Dublin, proclaiming the establishment of the Irish Republic from the steps of the General Post Office.In response, the British government declared martial law and deployed thousands of troops to suppress the rebellion. Courts-martial were swiftly convened, and between May 3 and May 12, fifteen rebel leaders were executed, including Patrick Pearse, James Connolly, and Thomas Clarke. These summary executions, carried out without the protections of civilian trial, shocked many in Ireland and Britain and were later criticized as legally excessive and politically tone-deaf.The use of military tribunals rather than civilian courts raised serious questions about the limits of legal authority during wartime and the rights of those accused of political violence. The Rising also marked a critical turning point in British colonial legal practice, highlighting the inherent tension between empire and constitutional rule.In the wake of the rebellion, the British government passed additional emergency laws to manage dissent in Ireland, but these legal measures only deepened nationalist sentiment. The Easter Rising set the stage for the Irish War of Independence, the 1921 Anglo-Irish Treaty, and ultimately the creation of the Irish Free State in 1922.The legal legacy of April 24 is one of sharp contrast: between the rigid imposition of imperial law and the revolutionary demand for self-determination. It remains a powerful example of how law can be both a tool of control and a symbol of contested legitimacy. The Consumer Financial Protection Bureau (CFPB) has agreed to drop its appeal in a longstanding legal battle with PayPal over a 2019 rule that required digital wallet providers to disclose fees using a standardized form originally intended for prepaid cards. The decision came through a joint filing on April 21 in the U.S. Court of Appeals for the D.C. Circuit, following a March 2024 district court ruling in PayPal's favor that limited the reach of the rule.The CFPB's regulation extended fee disclosure mandates for prepaid cards to digital wallets, despite the agency's own acknowledgment that most digital wallets don't charge such fees. PayPal contested the rule soon after its issuance, arguing that digital wallets function differently from prepaid cards since they store payment credentials rather than actual funds. In contrast, prepaid cards are used to store and spend cash directly.The legal journey began when Judge Richard J. Leon initially sided with PayPal in 2020, but his ruling was overturned by the D.C. Circuit in 2023, prompting a remand. Leon again ruled for PayPal in March 2024, leading the CFPB to appeal before ultimately deciding to drop the case.This withdrawal marks the second recent instance of the CFPB, under acting Director Russell Vought, stepping back from litigation challenging its rules. A week prior, the agency also agreed to halt enforcement of a proposed $8 cap on credit card late fees amid a separate lawsuit. PayPal is represented by WilmerHale which, you will of course remember, has been targeted by a Trump executive order.CFPB Agrees to Halt Appeal of PayPal Win on Digital Wallet RulePresident Trump announced via Truth Social that he is suing the law firm Perkins Coie, accusing it of committing “egregious and unlawful acts,” specifically pointing to the actions of an unnamed individual at the firm. However, it remains unclear whether Trump intends to file a new lawsuit or was referring to ongoing legal disputes.Last month, Trump signed an executive order that aimed to terminate federal contracts with clients of Perkins Coie if the firm had performed any work on them. In response, Perkins Coie sued the administration, claiming the order was unconstitutional.Trump's legal team also requested the recusal of U.S. District Judge Beryl Howell from overseeing that case, alleging a “pattern of hostility” toward the president. Trump repeated his criticism of Judge Howell in his latest post, calling her “highly biased.”The legal conflict adds to Trump's ongoing confrontations with the judiciary and firms linked to Democratic causes. Perkins Coie has historically represented Democratic interests, making the dispute politically charged.Trump says he is suing Perkins Coie law firm | ReutersLaw firms Perkins Coie and WilmerHale asked federal judges in Washington, D.C., to permanently block executive orders issued by President Donald Trump. The firms argue the orders are unconstitutional acts of political retaliation. These orders sought to revoke government contracts held by their clients and restrict the firms' access to federal buildings, citing their ties to Trump's legal and political opponents.The legal battle marks a significant escalation between major law firms and the Trump administration. U.S. District Judge Beryl Howell heard Perkins Coie's request for summary judgment, while Judge Richard Leon handled WilmerHale's case later in the day. Both judges had already issued temporary blocks on Trump's orders in March.The Department of Justice defended the executive orders as valid exercises of presidential authority. Meanwhile, other prominent firms like Paul Weiss and Skadden Arps have settled with the White House to avoid similar orders, agreeing to provide pro bono services and other terms reportedly totaling nearly $1 billion in value.The legal community has widely condemned the executive orders. Hundreds of firms and legal organizations argue the moves were designed to chill legal representation against Trump, infringing on the right to counsel and undermining the legal profession's independence. Some attorneys at firms that settled have resigned in protest.Law firms targeted by Trump ask judges to permanently bar executive orders against them | ReutersThe State Bar of California plans to ask the California Supreme Court to lower the passing score for the February 2025 bar exam after a troubled rollout that included technical and logistical failures. The proposed score of 534 is below the 560 recommended by the bar's testing expert. This score adjustment would apply to all test takers, regardless of the specific issues they faced.February's exam marked the first time California administered a hybrid bar test, offered both remotely and in-person, and without components of the long-used national bar exam. Although the change aimed to reduce costs, it resulted in significant problems such as software crashes and intrusive proctoring interruptions. It's unclear how many of the 4,300 examinees were affected, but the State Bar has opened an investigation into the widespread issues.The bar also recommended imputing scores for test takers unable to complete key sections, a process that estimates performance based on completed answers. The Committee of Bar Examiners acknowledged the challenge of crafting a remedy that is both fair and preserves the integrity of the exam.In addition to adjusting scores, the committee is considering provisional licensing programs that would allow affected test takers to practice under supervision while awaiting full licensure. Final test results are due May 2, and the Supreme Court is expected to rule on the score change request by April 28. The committee will meet again on May 5 to consider further options.California bar seeks to reduce pass score after disastrous exam rollout | Reuters This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: Sirhan Sirhan Sentenced to DeathOn April 23, 1969, Sirhan Bishara Sirhan was formally sentenced to death for the assassination of Senator Robert F. Kennedy, a tragedy that shook the United States during a period of intense political and social upheaval. Kennedy had been shot on June 5, 1968, just after declaring victory in the California Democratic primary, and he died the following day. Sirhan, a 24-year-old Palestinian immigrant, was apprehended at the scene with a gun in his hand and later confessed to the crime during police interrogation.Despite the confession and trial conviction, controversy has surrounded the case for decades. In 1972, Sirhan's death sentence was commuted to life in prison after the California Supreme Court invalidated the state's death penalty statutes. A resurgence of interest in the case came in 1998, when Sirhan's attorney Larry Teeter publicly argued that his client had not actually fired the fatal shot. Teeter pointed to alleged inconsistencies in the autopsy report and the number of bullets fired, raising the possibility of a second gunman.Teeter's claims never gained traction in court, but they fed into ongoing skepticism among some legal observers and conspiracy theorists. Over the years, Sirhan has repeatedly sought parole, asserting he was manipulated and does not remember the events of the assassination. Most recently, in March 2023, a California parole board again denied his release, citing concerns over public safety and lack of full accountability.The legal legacy of the case is complex, entangling questions of criminal justice, political violence, and the integrity of forensic evidence. It remains one of the most controversial political assassinations in U.S. history.A long-running legal battle over the rights to Superman has taken a new turn as the estate of co-creator Joe Shuster attempts to block the release of an upcoming film in several foreign markets. In a January 2025 lawsuit, executor Mark Warren Peary argued that copyright laws in the U.K., Canada, Australia, and Ireland revert rights to heirs 25 years after the author's death, potentially invalidating the original 1938 agreement with DC's predecessor. This suit follows a 2023 federal ruling in Vetter v. Resnik that disrupted long-standing entertainment industry consensus by suggesting there is no separate category for foreign rights under the Berne Convention—meaning U.S. termination rights may apply globally.This theory directly challenges a 2008 Superman-related decision that limited termination to U.S. rights. Judge Shelly Dick's 2024 ruling supported the broader reading of termination rights, asserting that foreign copyright protections of U.S. works “arise under” U.S. law. Her opinion dismisses prior case law and scholar-backed consensus as insufficiently grounded. Legal experts are split on the implications, with some praising the reasoning as well-founded, while others see significant obstacles to enforcement abroad.Peary's effort is hampered by delays—he brought the suit years after the alleged 2017 rights reversion—and by the steep burden of proving irreparable harm. Critics also question whether foreign courts will honor a U.S. ruling. The legal strategy comes as Superman is set to enter the public domain within the next decade, prompting what some view as a final attempt by Shuster's estate to reclaim financial control of the iconic character.Superman IP Fight Turns on Newly Questioned Foreign Rights CanonTwo U.S. federal judges have extended temporary blocks on the deportation of Venezuelan migrants and questioned the Trump administration's use of a centuries-old wartime law to expedite removals. President Trump invoked the Alien Enemies Act of 1798 in a March 15 proclamation to deport individuals allegedly affiliated with the Venezuelan gang Tren de Aragua, sending many to a high-security prison in El Salvador under a $6 million deal with President Nayib Bukele's government. However, U.S. District Judges Charlotte Sweeney in Colorado and Alvin Hellerstein in New York signaled that this use of the law likely violates due process rights.Judge Sweeney ruled that migrants detained in Colorado must receive at least 21 days' notice before deportation, while Judge Hellerstein suggested a minimum of 10 days in his Manhattan hearing. Hellerstein also raised constitutional concerns, referencing the Eighth Amendment's ban on cruel and unusual punishment and questioning the legality of mass deportations without individual review. The Supreme Court recently ruled that migrants must have the opportunity to challenge deportation but left specifics undefined.Attorneys for the migrants, represented by the ACLU, argued that the Alien Enemies Act shouldn't apply, as no formal war exists, and Tren de Aragua's presence doesn't constitute one. The ACLU also sought a 30-day notice period, consistent with practices during WWII when the law was last broadly applied. Meanwhile, another case revealed that a Salvadoran man had been mistakenly deported, prompting a federal judge in Maryland to demand documentation on the government's efforts to correct the error.Judges extend Venezuela deportation blocks, question Trump's use of wartime law | ReutersThe European Union fined Apple €500 million ($570 million) and Meta €200 million ($228 million) for breaching the Digital Markets Act (DMA), a landmark law aimed at reining in the dominance of Big Tech. These penalties mark the first enforcement actions under the DMA, which seeks to promote competition by requiring dominant platforms to remove barriers for smaller rivals. Apple was penalized for restricting app developers from directing users to cheaper alternatives outside the App Store and for imposing disincentives, such as its new “Core Technology Fee,” that discourage the use of alternative app distribution channels on iOS.Meta's violation centered on its “pay-or-consent” model, which offered users either free, ad-supported access to Facebook and Instagram with data tracking or a paid, ad-free version. Regulators determined this structure did not comply with the DMA's requirements for user consent and fairness. Both companies have two months to adjust their practices or face daily fines. While Apple and Meta criticized the rulings—claiming they unfairly target U.S. companies—EU officials emphasized that all firms operating in Europe must respect local rules.The fines are relatively small compared to previous EU antitrust actions, reflecting a strategic shift toward compliance over punishment and a possible effort to avoid inflaming U.S.-EU trade tensions. The U.S. administration under President Donald Trump has already voiced displeasure with European crackdowns on American tech firms and has threatened retaliatory tariffs.Apple fined $570 million and Meta $228 million for breach of EU law | Reuters This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: Maryland Toleration Act PassedOn April 21, 1649, the Maryland Assembly passed the Maryland Toleration Act, a landmark piece of colonial legislation that granted freedom of worship to all Christians in the colony. Also known as the Act Concerning Religion, it was one of the first legal efforts in the American colonies to protect religious liberty through statutory law. The act was enacted under the leadership of Cecil Calvert, the second Lord Baltimore, who sought to maintain peace in Maryland's religiously diverse population, which included both Catholics and Protestants.The law's preamble acknowledged the dangers of religious coercion, stating that "the inforceing of the conscience in matters of Religion hath frequently fallen out to be of dangerous Consequence." To preserve harmony, it declared that no Christian should be "troubled, Molested or discountenanced" for practicing their faith, provided they did not threaten the colony's civil government or the authority of the Lord Proprietor.While progressive for its time, the Act's protections were limited to those who professed belief in Jesus Christ, excluding Jews, atheists, and other non-Christians. Violators of the law's religious tolerance provisions faced harsh penalties, including fines, public whipping, or even death for blasphemy.The Act was repealed just five years later during a period of Protestant ascendancy, reflecting the fragile nature of religious tolerance in colonial America. Nonetheless, it remains significant as an early attempt to codify the principle that faith should not be a basis for persecution.A federal judge has ruled that the Office of Personnel Management (OPM) can no longer direct the termination of probationary federal workers based on performance-related justifications that were, according to the court, misleading. U.S. District Judge William Alsup called OPM's use of standardized termination letters citing performance as the reason for firing thousands of employees a “total sham.” He emphasized that falsely attributing the dismissals to performance could harm the affected workers' reputations and career prospects for years to come.The ruling affects employees at six federal agencies and prohibits further terminations under these pretenses. Judge Alsup's decision underscores that these workers were dismissed under false narratives while still in their probationary period—either newly hired or recently promoted—and should not have been labeled as underperformers without proper evaluation or process.Though Alsup's ruling offers protection against future actions, he declined to issue a preliminary injunction requested by the state of Washington, stating the state lacked standing because it could not show concrete harm from the federal firings, such as a clear loss of federal services.This legal challenge comes amid a broader judicial tug-of-war. In March, Alsup had initially ordered the reinstatement of 16,000 workers pending resolution of a lawsuit. However, the U.S. Supreme Court blocked that injunction on April 8, suggesting that nonprofit organizations representing federal workers may lack the legal standing to sue on their behalf. Following that, the Fourth Circuit Court of Appeals also halted a separate injunction from a Maryland judge that would have reinstated probationary employees in 19 states and Washington, D.C.Despite the limits imposed by the higher courts, Alsup's decision focuses on the reputational harm caused by labeling the dismissals as performance-based, rather than procedural or administrative. He signaled that the government must correct the record for those terminated workers.Performance-Based Federal Worker Layoffs a ‘Sham' Judge RulesThe U.S. Supreme Court is set to hear a major challenge to a provision of the Affordable Care Act (ACA), commonly known as Obamacare, that mandates insurers cover certain preventive medical services—like cancer screenings and diabetes testing—without cost-sharing by patients. The case centers on the constitutional validity of the U.S. Preventive Services Task Force (USPSTF), a panel of medical experts that identifies which services should be covered. The panel's 16 members are appointed by the Secretary of Health and Human Services (HHS) but are not confirmed by the Senate.A group of Texas-based Christian individuals and businesses filed the lawsuit in 2020, arguing that the USPSTF wields too much authority and must therefore comply with the U.S. Constitution's Appointments Clause. This clause requires that significant federal officers—known as "principal officers"—be nominated by the president and confirmed by the Senate. The plaintiffs claim the task force has evolved from a purely advisory body to one that effectively imposes binding legal obligations on insurers, all without proper accountability.In 2024, the conservative-leaning 5th U.S. Circuit Court of Appeals agreed with the plaintiffs, ruling the task force's structure unconstitutional. The federal government appealed that ruling to the Supreme Court. The Biden administration originally filed the appeal, and it was later continued by the Trump administration. Government lawyers argue that the task force should be classified as comprising "inferior officers," since their recommendations are only made binding when approved by the HHS Secretary, who can remove task force members at will.The plaintiffs, however, maintain that the Secretary lacks actual power to stop recommendations from taking effect, making the task force's authority effectively unchecked. They also argue that this lack of oversight elevates the members to principal officer status, necessitating Senate confirmation.Before narrowing the lawsuit to the appointments issue, the plaintiffs also challenged the ACA's requirement to cover HIV prevention medication on religious grounds, asserting it promoted behaviors they opposed. The appeals court declined to sever portions of the law that might otherwise save the provision, another aspect now before the Supreme Court.If the Supreme Court upholds the lower court's decision, key preventive healthcare services could become subject to out-of-pocket costs like deductibles and co-pays, potentially deterring millions from accessing early detection and prevention tools. The Court's decision, expected by the end of June, could reshape how health policy is implemented under the ACA and may further weaken one of its core patient protections.US Supreme Court to hear clash over Obamacare preventive care | ReutersIn a rapidly unfolding legal confrontation, the U.S. Supreme Court issued an emergency order halting the deportation of a group of Venezuelan migrants from Texas, sparking a strong dissent from Justice Samuel Alito. The court intervened early Saturday morning, acting on urgent filings by detainees' lawyers who said the migrants were already being loaded onto buses for imminent deportation to El Salvador. The migrants were accused of gang affiliation, but their legal team argued they hadn't been given fair notice or time to challenge their removal. The administration attempted to use the Alien Enemies Act of 1798, a wartime law, to justify these expulsions.Justice Alito, joined by Justice Clarence Thomas, sharply criticized the majority's decision, calling it "unprecedented and legally questionable." He argued that the Court acted without giving lower courts adequate time to review the claims and issued its order with limited evidence and no explanation. The justices' ruling paused deportations “until further order of this Court,” leaving room for future legal developments.The Trump administration quickly responded, filing a motion urging the Court to reverse its stay. U.S. Solicitor General D. John Sauer argued the detainees' lawyers bypassed proper procedure by going directly to the Supreme Court and that lower courts had not yet had a chance to establish key facts. He maintained that the migrants received legally sufficient notice, though reports suggested the notices were in English only and lacked clear instructions.The administration's use of the Alien Enemies Act to deport alleged gang members is highly controversial. Originally passed in 1798 during hostilities with France, the law has been used sparingly and almost exclusively during wartime. The Supreme Court has not yet ruled on whether its application in this immigration context is constitutional. Migrants' advocates, including the ACLU, maintain that many of the men deported or at risk of deportation are not gang members and were denied due process.The legal conflict reflects a broader tension between Trump's immigration enforcement efforts and judicial oversight. Last month, Trump ordered the deportation of more than 200 men to a Salvadoran maximum-security prison, reportedly ignoring a judge's oral order to halt at least two flights. The White House has not signaled any intent to defy the current Supreme Court stay but remains committed to its immigration crackdown.The case, A.A.R.P. v. Trump, now becomes a focal point in ongoing disputes about executive authority, due process rights for detainees, and the scope of immigration enforcement under rarely invoked legal provisions. As the Court weighs further action, the lives of dozens of migrants hang in the balance, caught between legal technicalities and broader political pressures.Supreme Court's Alito Calls Block of Deportations ‘Questionable' - BloombergAlito criticizes US Supreme Court's decision to 'hastily' block deportations | ReutersTrump Administration Asks Supreme Court to Lift Deportation Halt - BloombergA federal judge in Boston ruled that the Trump administration's passport policy targeting transgender and nonbinary individuals is likely unconstitutional. The policy, which followed an executive order signed by President Trump immediately after returning to office, required passport applicants to list their biological sex at birth and allowed only "male" or "female" markers. This reversed prior policies that permitted self-identification and, under the Biden administration, had allowed the use of a gender-neutral "X" option.U.S. District Judge Julia Kobick issued a preliminary injunction that bars enforcement of the policy against six of the seven plaintiffs who filed the lawsuit. She held that the policy discriminates based on sex and reflects a bias against transgender individuals, violating the Fifth Amendment's guarantee of equal protection. Kobick described the administration's approach as rooted in "irrational prejudice" and said it runs counter to the Constitution's promise of equality.Despite finding the policy likely unconstitutional, Kobick declined to issue a nationwide injunction, stating that the plaintiffs did not justify the need for broad relief. Still, the ruling marks a significant legal setback for the administration's broader effort to redefine federal gender recognition policies.The executive order at the center of the case mandated all federal agencies, including the State Department, to recognize only two sexes—male and female—based on biology at birth. The State Department then revised its passport application process to align with this directive.The case is part of a wave of legal challenges to Trump's rollback of gender recognition policies. Lawyers for the plaintiffs, represented by the ACLU, vowed to continue fighting to expand the ruling's protections to all affected individuals.Trump passport policy targeting transgender people likely unconstitutional, judge rules | Reuters This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: Army-McCarthy Hearings BeginOn April 22, 1954, the Army-McCarthy hearings began in Washington, D.C., marking a pivotal moment in American legal and political history. The televised proceedings, which stretched over two months, were convened to investigate conflicting accusations between Senator Joseph McCarthy and the U.S. Army. McCarthy claimed the Army was sheltering communists; the Army countered that McCarthy and his chief counsel, Roy Cohn, had improperly pressured military officials to give preferential treatment to a former McCarthy aide.These hearings drew millions of viewers and brought McCarthy's aggressive, often unsubstantiated allegations into public view. Under questioning, McCarthy's bullying tactics and disregard for evidence became increasingly apparent. The most famous moment came when Army counsel Joseph Welch rebuked McCarthy with the now-historic line, “Have you no sense of decency, sir?”—a turning point in the hearings and in public perception of McCarthy.As support for McCarthy dwindled, the hearings exposed the dangers of reckless accusations without due process, a central legal concern during the Red Scare. Later that year, the Senate formally censured McCarthy, effectively ending his political influence. The hearings stand as a cautionary tale about the abuse of investigatory powers and the erosion of civil liberties in times of national fear. They also highlight the essential role of transparency and accountability in American governance. The legacy of the Army-McCarthy hearings continues to inform debates over the balance between national security and individual rights.Alphabet's Google faces a major antitrust trial starting Monday in Washington, as the U.S. Department of Justice and 38 state attorneys general seek to break up its dominance in the search engine market. Central to the government's case is a proposal for Google to sell its Chrome browser and potentially even its Android operating system if competition isn't restored. Prosecutors argue that Google's exclusive agreements, like those paying billions to Apple and other companies to be the default search engine, have harmed rivals, including emerging AI firms like Perplexity AI and OpenAI.Google insists the DOJ's demands are extreme and warns that ending these deals could harm browser makers like Mozilla and raise smartphone costs. U.S. District Judge Amit Mehta is presiding over the trial, expected to last three weeks. Google plans to appeal any unfavorable ruling and argues that its deals help fund free, open-source technology. The case follows a separate DOJ victory last week, where a judge found Google maintained an illegal monopoly in ad tech. The trial's outcome could dramatically reshape how Americans access information online and influence future antitrust enforcement, with similar scrutiny already aimed at companies like Meta.Google faces trial in US bid to end search monopoly | ReutersThe U.S. Supreme Court declined to hear Minnesota's appeal defending its law that barred individuals under 21 from obtaining permits to carry handguns in public. This decision leaves in place a ruling from the 8th U.S. Circuit Court of Appeals that found the restriction unconstitutional under the Second Amendment. The case is one of many that have challenged age-based and other gun restrictions following the Supreme Court's 2022 Bruen decision, which established that firearm regulations must align with the nation's historical traditions to be valid.Gun rights groups, including the Minnesota Gun Owners Caucus and Firearms Policy Coalition, challenged the law, arguing it infringed on the rights of 18- to 20-year-olds. Minnesota defended the law as a modest safety measure, noting that youths already have access to guns under specific conditions, such as hunting or supervision. The 8th Circuit disagreed, saying the state failed to prove that young adults posed a sufficient threat or that the restriction had historical precedent.While more than 30 states have similar age-related laws, Minnesota's could no longer be enforced once the appeals process concluded. The case underscores how courts are interpreting and applying the Bruen test, which has reshaped the legal landscape for gun laws. Although the Supreme Court has upheld some modern firearm restrictions, it has consistently signaled that any such laws must fit within historical frameworks.US Supreme Court won't save Minnesota age restriction on carrying guns | ReutersIn my column for Bloomberg Tax this week, I talk about the risk posed by the Department of Government Efficiency's (DGE) access to taxpayer data. If the federal government wants more access to your tax data, it should have to meet a high bar—proving a clear need, protecting the information, and being transparent about how it's used. Right now, the DGE, spearheaded by Elon Musk, is pushing for expanded access to the IRS's Integrated Data Retrieval System (IDRS), which holds deeply sensitive taxpayer records. The rationale? To root out fraud and streamline federal oversight. But noble intentions aren't a substitute for safeguards—and as it stands, DGE hasn't provided any clear guardrails for how it would handle this data.We've seen how this can go wrong. In Sweden, the national tax agency is now facing a lawsuit for sharing taxpayer data with private companies, including marketers and data brokers. Sweden's commitment to constitutional transparency has been used to justify these disclosures, even as they appear to violate Europe's strict privacy laws. It's a reminder that transparency can be weaponized, and privacy treated as an inconvenience. If that sounds extreme, just imagine your tax return fueling a marketing database in the name of government openness.In the U.S., Section 6103 of the tax code makes unauthorized disclosure of taxpayer data a felony. DGE's quest to tap into the IDRS raises serious questions about whether internal access could amount to disclosure, especially if it increases the risk of leaks, misuse, or political meddling. DGE already has access to some refund-related data, but it's now seeking far more granular insight—without explaining what it will do with it, or how it will prevent abuse.What Sweden's case makes clear is that even the best intentions can lead to disastrous outcomes when privacy is not treated as sacrosanct. The U.S. should take that warning seriously. Taxpayer data is among the most sensitive information the government holds. Expanding access to it—especially by an agency as vaguely defined as DGE—should not happen without a fully transparent, purpose-limited, and accountable framework.Until then, DGE should not be granted access to the IRS's IDRS system or any individualized taxpayer information. The risks are too high, and the protections too flimsy. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: Plaut v. Spendthrift Farm, Inc.On April 18, 1995, the U.S. Supreme Court delivered its opinion in Plaut v. Spendthrift Farm, Inc., a significant decision reinforcing the constitutional principle of separation of powers. The case arose after Congress enacted legislation requiring federal courts to reopen certain final judgments in securities fraud cases that had been dismissed under an earlier statute of limitations ruling. The plaintiffs, whose claims had already been dismissed with finality, sought to revive their lawsuits under this new provision.In a 7–2 decision, the Court struck down the law, holding that Congress cannot force Article III courts to reopen final judgments. Writing for the majority, Justice Antonin Scalia stressed the importance of finality in judicial decisions and warned against legislative interference with core judicial functions. He argued that once a case is decided, it becomes law of the case and should not be revisited at Congress's whim.The ruling underscored the judiciary's independence from political pressure and reaffirmed that each branch of government must respect the constitutional boundaries of the others. Scalia noted that permitting Congress to override final court decisions would blur the lines between legislative and judicial authority, threatening the rule of law.This decision was not just a technical interpretation of procedural law; it was a firm statement about institutional integrity. Plaut became a cornerstone case for understanding the limits of congressional power over the courts. It continues to be cited in debates over judicial independence and the sanctity of final judgments.A federal appeals court rejected an emergency attempt by the Trump administration to block a judge's order requiring the government to aid in the return of Kilmar Abrego Garcia, a Maryland man deported to El Salvador despite a 2019 court ruling barring his removal. The court condemned the Justice Department's actions, with Judge Harvie Wilkinson calling them a violation of fundamental liberties and due process. He criticized the administration for acting as though it could abandon individuals in foreign prisons without legal recourse.The Supreme Court previously upheld a similar directive from District Judge Paula Xinis, requiring the administration to work toward bringing Abrego Garcia back from Salvadoran custody. The government claims Garcia is affiliated with the MS-13 gang and lacks the right to remain in the U.S., arguing that Xinis overstepped by involving herself in foreign affairs. However, Wilkinson stressed that due process rights apply regardless of alleged affiliations and warned that ignoring court orders could lead to broader abuses of power, including the potential deportation of U.S. citizens.Abrego Garcia, who has no criminal record in either country, was deported alongside 250 alleged gang members to El Salvador's high-security prison. His 2019 immigration court ruling protected him from deportation due to threats of gang-based extortion.Trump Loses Emergency Appeal to Halt Maryland Deportation CaseThe U.S. Supreme Court will hear arguments on May 15 regarding President Donald Trump's attempt to limit birthright citizenship, a constitutional principle rooted in the 14th Amendment. Although the case won't directly determine the legality of Trump's executive order, it will address whether lower court rulings that blocked the policy nationwide should be scaled back to apply only to specific plaintiffs or jurisdictions.Trump's order, signed in January, seeks to deny citizenship to babies born in the U.S. unless at least one parent is a citizen or permanent resident. It directs federal agencies to withhold documents like Social Security cards and passports from newborns who don't meet that criterion. Critics argue this violates well-established legal interpretations of the 14th Amendment, which affirms citizenship for nearly everyone born on U.S. soil.The Justice Department argues that nationwide injunctions—orders that block policies across the country—exceed judicial authority and should be narrowed. The administration also questions whether the states and groups suing have legal standing. Despite these claims, lower courts have uniformly refused to allow the executive order to take effect.Opponents, including 22 Democratic-led states and immigration advocacy groups, argue that Trump's effort seeks to strip citizenship from thousands of children and overturn long-standing legal precedent. Trump maintains that birthright citizenship was originally intended only for formerly enslaved people, not for the children of non-citizens.US Birthright Citizenship: Supreme Court to Hear Arguments in Case - BloombergUS Supreme Court to hear Trump bid to enforce birthright citizenship order | ReutersFifth Circuit Judge James Ho sharply criticized the power of trial-level judges in a recent opinion, focusing on what he sees as overreach in politically sensitive cases. Ho issued a writ of mandamus instructing a district judge in Louisiana to vacate her order reopening a death penalty case years after it had been dismissed. He was joined by fellow Trump appointee Judge Andrew Oldham, while Judge Catharina Haynes dissented, arguing the appellate process should proceed normally.In his concurring opinion, Ho warned against what he called the misuse of judicial power to obstruct democratic outcomes. He connected the Louisiana case to a recent U.S. Supreme Court decision that reversed a nationwide order from Chief Judge James Boasberg in Washington, D.C., which had blocked the deportation of alleged Venezuelan gang members under the Alien Enemies Act. The Supreme Court said the Venezuelan plaintiffs should have filed their suit in Texas, where they were detained, effectively transferring jurisdiction and narrowing Boasberg's reach.Ho used that ruling to reinforce his argument that appellate courts must intervene swiftly when district judges exceed their authority. He accused some judges of rushing to block policies they oppose politically, calling it a threat to the electorate's choices and governmental efficiency. He argued that deferring to the standard appeals timeline enables what he called “district judge supremacy.”Judge Haynes pushed back in dissent, criticizing the majority's allegation that the district court manipulated legal processes, especially since neither party in the case had challenged the judge's integrity. She maintained the threshold for a mandamus was not met and objected to the majority's tone and assumptions.James Ho Knocks Trial Judge Who Blocked Venezuelan DeportationsThis week's closing theme is The Moldau by Bedřich Smetana, a defining work in Czech Romantic nationalism and one of the most evocative tone poems in classical music. Smetana, born in 1824 in what is now the Czech Republic, was a pioneering composer who sought to express the identity, history, and natural beauty of his homeland through music. A contemporary of Liszt and Wagner, he was deeply influenced by the idea of programmatic music—compositions that tell a story or paint a picture without the use of words.The Moldau (or Vltava, in Czech) is the second and most famous piece from Smetana's larger symphonic cycle Má vlast(My Homeland), composed between 1874 and 1879. The piece traces the course of the Vltava River from its source in the Bohemian forest, through the countryside, past villages and castles, and ultimately to its merger with the Elbe River. Through rich orchestration and shifting textures, Smetana portrays everything from bubbling springs and flowing currents to a peasant wedding and moonlit night dances by water nymphs.Composed while Smetana was going completely deaf, The Moldau is as much a feat of imagination as it is of musical skill. The main theme, introduced by the flutes and then carried through the orchestra, is one of the most recognizable and emotionally stirring in classical music. It serves not just as a musical depiction of a river but as a symbol of Czech identity, resilience, and natural beauty.Closing with The Moldau offers a moment to reflect on continuity, movement, and national spirit—fitting themes for a week shaped by legal currents and constitutional debate.Without further ado, The Moldau, by Bedřich Smetana – enjoy! This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe