Episodios

  • Legal News for Thurs 6/12 - Khalil's Detention, Marines in L.A. Protests, NCAA Title IX Appeal and Trump Wants Hush Money Case Before SCOTUS

    Legal News for Thurs 6/12 - Khalil's Detention, Marines in L.A. Protests, NCAA Title IX Appeal and Trump Wants Hush Money Case Before SCOTUS
    Jun 12 2025
    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 Khalil, whose green card was revoked in March, has been in detention since then and was the first foreign student arrested amid the pro-Palestinian campus protests following the October 7 Hamas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...
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  • Legal News for Weds 6/11 - Trump Tariffs Remain Temporarily, DOJ Firings of Folks that Made Trump Mad, and French Tesla Owners Sue Musk Over Nazi Salute etc.

    Legal News for Weds 6/11 - Trump Tariffs Remain Temporarily, DOJ Firings of Folks that Made Trump Mad, and French Tesla Owners Sue Musk Over Nazi Salute etc.
    Jun 11 2025
    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 ...
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  • Legal News for Tues 6/10 - Google Antitrust Fight in Mexico, Loopholes in Texas Housing "Reform," and the IRS Eyes Using AI to Flag Returns

    Legal News for Tues 6/10 - Google Antitrust Fight in Mexico, Loopholes in Texas Housing "Reform," and the IRS Eyes Using AI to Flag Returns
    Jun 10 2025
    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 ...
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  • Legal News for Mon 6/9 - Getty vs. Stability AI, Notable Paul Weiss Exodus, $2.8b NCAA Player Settlement

    Legal News for Mon 6/9 - Getty vs. Stability AI, Notable Paul Weiss Exodus, $2.8b NCAA Player Settlement
    Jun 9 2025
    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...
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    6 m
  • Legal News for Fri 6/6 - SEC Lawsuit Dismissed, OpenAI Appeals NYT Case Data Retention, Trump Pushes to Defund Legal Aid for Poor Americans, and Direct File on GitHub

    Legal News for Fri 6/6 - SEC Lawsuit Dismissed, OpenAI Appeals NYT Case Data Retention, Trump Pushes to Defund Legal Aid for Poor Americans, and Direct File on GitHub
    Jun 6 2025
    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. ...
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    16 m
  • Legal News for Thurs 6/4 - SAP SCOTUS Antitrust Bid, Trump FEC Lawsuit Win, ICE Plans to DNA Test Migrants

    Legal News for Thurs 6/4 - SAP SCOTUS Antitrust Bid, Trump FEC Lawsuit Win, ICE Plans to DNA Test Migrants
    Jun 5 2025
    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...
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  • Legal News for Weds 6/4 - Tom Girardi Sentenced, 9th Circuit Hears Birthright Citizenship Attack, RFK Jr. and Musk Sued, and White House vs. GAO on Spending

    Legal News for Weds 6/4 - Tom Girardi Sentenced, 9th Circuit Hears Birthright Citizenship Attack, RFK Jr. and Musk Sued, and White House vs. GAO on Spending
    Jun 4 2025
    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 ...
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  • Legal News for Tues 6/3 - SCOTUS Declines Magazine Ban Challenges, Lawsuits Alleges Class Action Administration Kickbacks and a 100% tax on Homes in Spain

    Legal News for Tues 6/3 - SCOTUS Declines Magazine Ban Challenges, Lawsuits Alleges Class Action Administration Kickbacks and a 100% tax on Homes in Spain
    Jun 3 2025
    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 ...
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