Minimum Competence

This Day in Legal History: Reichstag Fire DecreeOn February 27, 1933, the German parliament building, the Reichstag, was set ablaze in Berlin, an event that would alter the course of constitutional government in Germany. The fire broke out just weeks after Adolf Hitler had been appointed Chancellor. Dutch communist Marinus van der Lubbe was arrested at the scene, and Nazi officials quickly blamed a broader communist conspiracy. The next day, President Paul von Hindenburg signed the Reichstag Fire Decree at Hitler’s urging.The decree suspended key civil liberties guaranteed under the Weimar Constitution, including freedom of speech, freedom of the press, the right of assembly, and protections against unlawful searches and detention. It also allowed the central government to override state authorities. In practical terms, the measure authorized indefinite detention without trial. Police power expanded dramatically, and political opponents were arrested in large numbers.Although framed as a temporary emergency response, the decree had no meaningful expiration. It became the legal foundation for dismantling democratic institutions in Germany. Courts largely failed to check the expanding authority of the executive branch. The event demonstrates how emergency powers, once normalized, can erode constitutional safeguards from within. The Reichstag Fire and its legal aftermath remain a lasting example of how constitutional systems can collapse through formally lawful measures rather than open revolution.Former President Bill Clinton is scheduled to give private testimony to the House Oversight Committee regarding his past association with Jeffrey Epstein. The closed-door session follows testimony from Hillary Clinton, who said she does not recall meeting Epstein and denied having information about his crimes. Bill Clinton previously flew on Epstein’s plane multiple times after leaving office, and recently released Justice Department documents include photos of him with unidentified women. He has denied any misconduct and has expressed regret over his past association.Committee Chairman James Comer stated that neither Clinton is accused of wrongdoing but said they must address questions about Epstein’s possible connections to their charitable foundation. The Clintons agreed to testify near their home in New York after lawmakers threatened contempt proceedings. Some Democrats supported compelling their testimony, while others criticized the inquiry as politically motivated.Democrats argue that Republicans are using the investigation to shield Donald Trump from scrutiny. They have called for Trump to be subpoenaed, noting that his name appears frequently in Epstein-related records and that he had social ties with Epstein before Epstein’s 2008 conviction. Democrats also claim the Justice Department is withholding records involving allegations against Trump. The department has said it is reviewing the materials and has emphasized that released files contain unverified claims. Authorities have not charged Trump with any crimes related to Epstein. Epstein died in jail in 2019 while awaiting trial on federal sex-trafficking charges, and his death was ruled a suicide.Bill Clinton to give private testimony to Congress about Epstein | ReutersA federal judge has allowed construction of President Donald Trump’s planned $400 million White House ballroom to continue, at least for now. U.S. District Judge Richard Leon denied a request from the National Trust for Historic Preservation to temporarily halt the project while its lawsuit moves forward. The group had sought a preliminary injunction to stop work, arguing that the administration failed to comply with federal laws, including obtaining congressional approval and conducting proper environmental review.Leon ruled that the preservationists had not met the legal standard required for such an emergency order. However, he indicated they may revise their complaint to better challenge the president’s claimed statutory authority to proceed without Congress. The lawsuit contends that demolishing the historic East Wing and beginning construction violated federal restrictions on altering federal property in Washington, D.C. It also argues that the National Park Service should have completed a more detailed environmental impact statement before work began.The Trump administration maintains that the renovation fits within longstanding presidential authority over White House changes and serves public functions. Trump praised the ruling publicly and said the ballroom would symbolize national strength. The National Trust expressed disappointment but said it plans to amend its legal claims.The East Wing, originally built in 1902 and expanded in 1942, was demolished in October. The ballroom is part of broader renovations Trump has made since returning to office in 2025. Although construction is underway, no firm completion date has been announced.Trump’s White House ballroom can move ahead for now, judge rules | ReutersPrediction-market company Kalshi has hired prominent Supreme Court advocate Neal Katyal to represent it in a series of disputes with state regulators. Katyal, a former acting U.S. solicitor general, appeared this week in a lawsuit Kalshi filed against Utah officials and is also handling similar cases in several other states. The company argues that its event-based trading contracts fall under the authority of the federal Commodity Futures Trading Commission, not state gambling regulators.States contend that platforms like Kalshi are effectively operating unlicensed sports-betting businesses. Other prediction-market operators, including Polymarket and Coinbase, are also fighting regulatory battles and have assembled experienced legal teams. The industry has grown rapidly, with tens of billions of dollars in trading volume last year, increasing scrutiny from state authorities.Kalshi bets on Neal Katyal in prediction market cases | ReutersNetflix has withdrawn its bid to acquire Warner Bros. Discovery after WBD’s board determined that a competing offer from Paramount Skydance was superior. Netflix’s co-CEOs said their proposed merger would have delivered value and likely cleared regulatory review, but matching Paramount’s higher price no longer made financial sense. They described the deal as desirable at the right valuation, but not essential at any cost.Paramount’s leadership welcomed WBD’s decision, saying its proposal offers greater value and a clearer path to closing. To finalize the Paramount deal, a short match period must expire, Netflix’s existing merger agreement must be terminated, and a definitive agreement between Paramount and WBD must be signed.Paramount recently raised its offer to $31 per share in cash, along with a quarterly ticking fee if the deal is not completed by a specified date. The proposal also includes a $7 billion regulatory termination fee if the transaction fails because of regulatory issues, as well as reimbursement of the $2.8 billion breakup fee WBD would owe Netflix upon ending their agreement. With Netflix stepping aside, Paramount is now positioned to complete the acquisition.Netflix Drops WBD Bid, Paving Way For Paramount Deal - Law360This week’s closing theme is by Frédéric Chopin.This week’s closing theme takes us to Chopin and his Piano Concerto No. 2 in F minor, a work that helped launch his international career. Although numbered second, it was actually the first of his two piano concertos to be written, composed in 1829 when he was just twenty. The concerto reflects Chopin’s deep roots in the Polish Romantic tradition, while also revealing the poetic lyricism that would define his later solo piano works. Its sweeping first movement balances youthful brilliance with emotional intensity. The second movement, marked Larghetto, is intimate and expressive, often described as a musical love letter. The finale brings rhythmic energy and subtle references to Polish dance forms.The piece gained wider recognition when Chopin performed it during his Paris debut on February 27, 1832. That appearance introduced him to the influential musical circles of Paris and marked a turning point in his career. The concerto showcased not only his technical skill, but also his distinctive touch and refined musical voice. While later critics sometimes focused on the orchestration, the piano writing remains among the most elegant of the Romantic era. The work captures a young composer standing at the threshold of fame, blending vulnerability with confidence. As our closing theme this week, it reflects both artistic ambition and a historic February 27 connection that helped shape Chopin’s legacy.Without further ado, Frédéric Chopin’s Piano Concerto No. 2 in F minor, enjoy! This is a public episode. 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This Day in Legal History: Grand Teton National ParkOn February 26, 1929, Congress officially established Grand Teton National Park, preserving one of the most striking mountain landscapes in the American West. While today the park is known for its natural beauty and wildlife, its creation was rooted in significant legal and political conflict. The legislation reflected a growing national commitment to conservation during the early twentieth century. At the same time, it sparked fierce opposition from local ranchers and residents who feared federal control over land they had long used for grazing and settlement. Many critics argued that expanding federal ownership infringed upon traditional property rights and state authority.The controversy centered on Congress’s constitutional power to regulate and manage federal lands under the Property Clause. Supporters of the park maintained that the federal government had clear authority to preserve land for public use and environmental protection. Opponents viewed the move as an overreach that disrupted local economies and private land expectations. The debate highlighted tensions between national conservation goals and regional economic interests. It also illustrated how public land policy can serve as a testing ground for broader constitutional principles.Ultimately, the establishment of the park signaled an expanding federal role in environmental stewardship. It marked a shift toward long-term preservation over short-term private development. The legal battles surrounding the park foreshadowed future disputes over land use, resource management, and federal regulatory power. February 26, 1929, thus stands as a reminder that conservation law has often advanced through conflict as much as consensus.The Trump administration has filed a lawsuit against the University of California system, alleging that Jewish and Israeli employees at UCLA were subjected to an antisemitic hostile work environment. The complaint, brought by the Justice Department in Los Angeles, claims UCLA failed to respond adequately to discrimination complaints following the October 2023 Hamas-led attack on Israel. Federal officials argue that the university ignored or even enabled antisemitic conduct during a period marked by intense campus protests over the war in Gaza. The lawsuit seeks a court order requiring UCLA to investigate the allegations, improve anti-discrimination training, and pay unspecified damages to two professors who say they experienced antisemitism.This legal action is part of a broader effort by President Trump to challenge universities over pro-Palestinian protests, diversity programs, and other policies. The administration previously attempted to freeze significant federal funding for UCLA, though a judge ordered that funding restored. UCLA has responded by pointing to institutional reforms, including restructuring its civil rights office and launching initiatives aimed at combating antisemitism. Large demonstrations took place on campus in 2024, with protesters calling for divestment from companies linked to Israel and an end to U.S. support for the war in Gaza. Some demonstrators, including Jewish groups, have argued that criticism of Israeli policy is being wrongly labeled as antisemitism.The University of California system receives more than $17 billion annually in federal funding, heightening the stakes of the dispute. The administration has reached financial settlements in similar investigations involving other universities, prompting concerns among academic experts about the impact on academic freedom. Notably, the administration has not pursued comparable investigations into allegations of Islamophobia or anti-Palestinian discrimination.Trump administration alleges antisemitic work environment at UCLA | ReutersAttorneys general from 11 Republican-led states have asked the U.S. Department of Justice to closely examine Netflix’s proposed $82.7 billion acquisition of studio and streaming assets from Warner Bros. The state officials argue that the deal could harm competition and weaken the United States’ leadership in the film industry. In a letter to federal regulators, they urged careful scrutiny of how the merger might affect streaming subscribers and the theatrical movie market.Warner Bros. has accepted Netflix’s offer, but its board is also weighing a competing proposal from Paramount Skydance, which has suggested that Netflix’s bid may face greater antitrust challenges. The state attorneys general contend that combining the companies’ assets could lead to excessive market concentration. They warn that reduced competition might result in higher prices, diminished service quality, and fewer innovative offerings for consumers.The officials emphasize that the entertainment industry is a significant part of the American economy and cultural influence, making regulatory oversight especially important. Their request signals potential legal and political resistance to the transaction as federal antitrust authorities evaluate the proposed merger.11 US States urge DOJ to thoroughly probe Netflix-Warner Bros. deal | ReutersSpain’s competition regulator has determined that Apple and Amazon failed to promptly remove anti-competitive clauses from their distribution agreements, despite being ordered to do so. The watchdog, known as the CNMC, had fined the companies 194 million euros in 2023 and instructed them to immediately eliminate contract terms that limited the number of Apple resellers on Amazon’s Spanish platform. Regulators said those provisions unfairly restricted competition and affected how rival products were promoted on the site.According to the CNMC, the companies did not fully comply with the cease-and-desist order until May 2025, well after the directive was issued. This delay could expose them to additional penalties. The regulator had also alleged that the agreements reduced advertising space for competing brands and blocked marketing efforts targeting Apple customers with alternative products.Both companies dispute the findings. Apple stated that it respects the regulator but disagrees with the ruling and maintains it has followed official instructions, emphasizing efforts to protect customers from counterfeit goods. Amazon likewise rejected the regulator’s conclusions and said it plans to appeal, arguing that its business model depends on supporting third-party sellers, many of whom are small and medium-sized businesses. The original 2023 fine remains suspended while the case is under review by Spain’s High Court.Apple and Amazon took too long to remove anti-competitive clauses, Spanish watchdog says | 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: Hiram Rhodes RevelsOn February 25, 1870, Hiram Rhodes Revels was sworn in as the first African American to serve in the United States Senate. His election came during the turbulent Reconstruction era that followed the Civil War, a period defined by constitutional change and political uncertainty. Revels represented Mississippi, a former Confederate state that had only recently been readmitted to the Union. In a moment heavy with symbolism, he filled the Senate seat once held by Jefferson Davis, the former president of the Confederacy. The contrast between the two men reflected the profound transformation taking place in American law and government.Revels’ swearing-in came after the ratification of the 13th, 14th, and 15th Amendments, which abolished slavery, guaranteed equal protection, and protected voting rights regardless of race. His presence in the Senate gave tangible meaning to those constitutional promises. Yet his path to office was not without challenge. Some senators argued that he did not meet the Constitution’s nine-year citizenship requirement, claiming that the Supreme Court’s decision in Dred Scott v. Sandford had denied Black Americans citizenship before the Civil War. Supporters countered that the 14th Amendment had settled the question of citizenship, making Revels eligible to serve. The Senate ultimately voted to seat him, affirming the legal force of the Reconstruction Amendments.Revels served only a brief term, but his impact was lasting. His election marked a rare window in American history when federal power was actively used to expand civil and political rights in the South. Although Reconstruction would eventually give way to decades of segregation and disenfranchisement, February 25, 1870 stands as a reminder of a constitutional moment when the nation attempted to redefine equality under the law.The U.S. Securities and Exchange Commission released its first major update to its enforcement manual in eight years, outlining a new vision focused on fairness and transparency. SEC Chairman Paul Atkins described the revisions as overdue and said the agency will now review the manual annually. The updated 115-page guide provides clearer direction on how enforcement investigations will proceed and what options are available to individuals and companies under scrutiny.One key change involves the Wells process, which notifies potential defendants that SEC staff intend to recommend enforcement action. Under the revised policy, recipients of a Wells notice will have four weeks to submit a written response. After filing that response, they may request a meeting with senior leadership in the Division of Enforcement to argue against pursuing charges or to present their perspective on the case.Atkins has previously indicated that reforming the Wells process is a priority, emphasizing the need for accurate and carefully considered enforcement actions. Enforcement Division Director Meg Ryan also noted that a persuasive Wells response can influence whether commissioners ultimately approve a case. The manual further reinstates the ability of settling parties to request waivers from automatic industry bars that can follow enforcement actions. In addition, it introduces clearer guidance on how cooperation may reduce penalties and explains how the SEC may coordinate with criminal authorities. Overall, the agency says the revisions aim to clarify how it enforces federal securities laws and strengthen public confidence in the process.SEC Lays Out New Enforcement Vision In Revised Guidelines - Law360Paramount Skydance has submitted a revised proposal to acquire Warner Bros. Discovery, as a bidding battle with Netflix continues. The new offer follows the expiration of a seven-day waiver period under WBD’s existing merger agreement with Netflix. For Paramount’s deal to move forward, WBD’s board must first determine that the revised bid qualifies as a “Company Superior Proposal” under the Netflix agreement. After that, a four-business-day match period would need to pass, the Netflix agreement would have to be terminated, and a new definitive agreement would need to be signed with Paramount.While the board reviews the updated proposal, Paramount said it will keep its tender offer in place and continue urging shareholders to reject what it calls the less favorable Netflix transaction. The rivalry between the bidders has spilled into public statements, with Paramount criticizing the structure of the Netflix deal as potentially reducing shareholder value. Netflix has pushed back, accusing Paramount of mischaracterizing regulatory issues and focusing on appearances rather than results.WBD confirmed it received the revised bid but reiterated that its current merger agreement with Netflix remains active and that the board still recommends the Netflix deal. Specific terms of Paramount’s updated offer were not disclosed, though it recently added financial safeguards, regulatory commitments, and an offer to cover the breakup fee if WBD exits the Netflix agreement. Netflix’s agreement to acquire WBD’s studio and streaming operations is valued at about $82.7 billion, while Paramount’s competing proposal to purchase the entire company is valued at roughly $108.4 billion.Paramount Revises WBD Offer As Netflix Bid War Goes On - Law360​​A federal judge has temporarily barred prosecutors from freely searching devices seized from a Washington Post reporter during a national security leak investigation. The FBI searched reporter Hannah Natanson’s home in January and took electronic devices as part of a probe into the alleged disclosure of government secrets. Natanson, who has reported on President Donald Trump’s efforts to dismiss large numbers of federal employees, has not been charged with any crime.U.S. Magistrate Judge William Porter ruled that the government may not conduct an unrestricted review of the seized materials. Instead, he said the court will oversee the examination of the devices to ensure that journalistic protections are respected while still allowing investigators to seek relevant evidence. Porter rejected the Justice Department’s request to let prosecutors carry out a broad, unsupervised search.Justice Department attorneys had argued that reviewing the materials was essential to a criminal investigation involving national security concerns. They proposed using a separate FBI “filter team” to screen the data and remove irrelevant content before investigators accessed it. The judge’s order reflects an effort to balance press freedom with the government’s authority to pursue evidence in sensitive cases.US judge blocks search of Washington Post reporter’s devices | ReutersA California woman is set to testify in Los Angeles that her early use of Instagram and YouTube harmed her mental health, in a closely watched trial against Meta and Google. The plaintiff, identified as Kaley G.M., says she began using YouTube at age six and Instagram at nine, and later struggled with depression and body dysmorphia. Her attorneys argue the companies deliberately designed their platforms to attract and retain young users despite being aware of potential psychological risks.The case is part of a broader international push to address the impact of social media on children, with some countries already imposing restrictions. Earlier phases of the trial focused on what the companies knew about the effects of their platforms on young users and how they targeted that demographic. Now the proceedings are turning to Kaley’s personal experiences and whether the platforms substantially contributed to her mental health challenges.To succeed, her legal team must prove that the design or operation of the platforms was a significant factor in causing or worsening her condition. Meta has pointed to her history of family instability and alleged abuse as alternative explanations for her struggles. Her lawyer, however, referenced internal company research suggesting that teens facing difficult circumstances were more likely to use Instagram compulsively.The lawsuit also challenges features such as autoplay videos, endless scrolling, “like” buttons, and beauty filters, which the plaintiff claims encouraged prolonged use and distorted self-image. YouTube’s defense argues that she did not fully use available safety tools and presented data indicating her recent average viewing time was relatively limited.Woman suing Meta, YouTube over social media addiction takes the stand at trial | 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: Marbury v. MadisonOn February 24, 1803, the U.S. Supreme Court decided Marbury v. Madison, a case that permanently reshaped American constitutional law. The dispute arose after President John Adams appointed several “midnight judges” in the final hours of his administration. One of those appointees, William Marbury, never received his commission because it was not delivered before Thomas Jefferson took office. Jefferson instructed his Secretary of State, James Madison, not to deliver the commission, prompting Marbury to seek relief directly from the Supreme Court.Presiding over the case was Chief Justice John Marshall, whose involvement added a striking layer of irony. Before becoming Chief Justice, Marshall had served as Secretary of State under Adams and had been responsible for sealing the very commissions at issue. In other words, Marshall was now reviewing the legal consequences of actions taken by his former office. Rather than recuse himself, he authored the opinion that would define the Court’s authority.Marshall concluded that Marbury had a legal right to his commission but held that the statute granting the Supreme Court power to issue writs of mandamus conflicted with Article III of the Constitution. Because the Constitution is the supreme law of the land, Marshall reasoned, any conflicting statute must be void. In declaring part of the Judiciary Act of 1789 unconstitutional, the Court asserted the power of judicial review for the first time.The decision simultaneously denied Marbury his remedy while expanding the Court’s institutional authority. It avoided a direct political confrontation with Jefferson while firmly establishing the judiciary as a co-equal branch of government. What began as a minor political dispute over an undelivered commission became the foundation for the Supreme Court’s power to strike down unconstitutional laws.A federal judge has permanently blocked the Justice Department from releasing a prosecutor’s report concerning the classified documents case against President Donald Trump. The ruling was issued by U.S. District Judge Aileen Cannon, who concluded that making the report public would amount to a “manifest injustice” because the case never went to trial. She reasoned that publishing detailed allegations of criminal conduct without a jury verdict would undermine basic fairness principles.The case had been brought by Special Counsel Jack Smith and accused Trump of unlawfully retaining sensitive national defense materials at his Mar-a-Lago property and obstructing government efforts to recover them. Trump and his co-defendants, Walt Nauta and Carlos de Oliveira, pleaded not guilty and described the prosecution as politically motivated. In 2024, Cannon dismissed the charges, finding that Smith had not been lawfully appointed.After Trump returned to office, the Justice Department supported efforts to keep the report confidential. Although special counsels are typically required to submit reports explaining their charging decisions, Cannon held that releasing this one would conflict with her earlier rulings, including her determination that Smith’s appointment was invalid. She also cited concerns about exposing grand jury material.The decision prevents public disclosure of substantial details about one of the four criminal cases Trump faced after leaving office. It follows the Supreme Court’s recent decision limiting Trump’s tariff authority and marks another significant legal development in the ongoing disputes surrounding his post-presidency investigations.US judge permanently blocks release of report on Trump documents case | ReutersThe chief judges of two major federal appeals courts have announced plans to step back from active service later this year, creating new vacancies for President Donald Trump to fill. Debra Ann Livingston of the U.S. Court of Appeals for the Second Circuit and Jeffrey Sutton of the U.S. Court of Appeals for the Sixth Circuit both notified the president that they intend to take senior status. Livingston plans to assume senior status on July 1, while Sutton will do so on October 1.Their decisions come ahead of the November midterm elections, when control of the U.S. Senate could shift, potentially complicating confirmation of successors. Because judicial vacancies have been relatively scarce during Trump’s second term, the openings present an opportunity to expand his appellate appointments. During his first term, Trump appointed 54 appellate judges, significantly influencing the judiciary’s ideological direction.Both judges were originally appointed by President George W. Bush. Livingston, who has served on the Second Circuit since 2007 and became chief judge in 2020, has at times issued notable dissents, including in cases involving LGBTQ workplace protections and congressional subpoenas tied to Trump’s business records. Sutton, on the Sixth Circuit since 2003 and chief judge since 2021, has been an influential conservative jurist. He authored a 2014 opinion upholding same-sex marriage bans that the Supreme Court later overturned in Obergefell v. Hodges.Senior status allows eligible judges to continue hearing cases on a reduced basis while enabling the president to nominate full-time replacements. Their departures will hand Trump two high-profile appellate vacancies at a time when few others are available.Two chief US appellate judges to leave active service, handing Trump vacancies | ReutersIn my weekly column for Bloomberg Tax, I examine the Trump administration’s proposed 0.125% “land port maintenance tax” and question whether it is truly infrastructure policy or contingency planning after the Supreme Court curtailed its tariff authority. The proposal is framed as a parity measure to mirror the Harbor Maintenance Fee, but I argue the timing is hard to ignore. Just this week, the Court in Learning Resources Inc. v. Trump held that the International Emergency Economic Powers Act does not authorize the president to impose tariffs, reaffirming that Congress controls taxing power absent clear delegation. In my view, that ruling narrows executive trade authority and invites efforts to find alternative mechanisms embedded elsewhere in the customs code.I suggest the land port tax looks like one such alternative. Although labeled a “maintenance” fee, it would be imposed at the border and function economically like a tariff, with costs passed to US importers and consumers. Because most land-based trade flows through Canada and Mexico, I note that the charge would operate in practice as a North American supply chain tax. Calling it infrastructure policy does not change its price effects.I also argue that the Harbor Maintenance Fee analogy falls apart on inspection. Whatever its flaws, the HMF at least carries a user-fee logic tied to dredging and port upkeep. By contrast, the new proposal appears loosely connected to land-border infrastructure and bundled within a broader maritime industrial policy agenda. If shipbuilding is a national security priority, I contend Congress should fund it transparently through the Defense Department and regular appropriations. If the HMF distorts shipping routes, it should be reformed directly rather than replicated inland.Ultimately, I maintain that after Learning Resources, any border charge that operates like a tariff will face legal skepticism. If policymakers intend to subsidize maritime industry, they should say so clearly, define measurable goals, and subject the costs to democratic accountability. 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: Order 9066On this day in legal history, enforcement of Executive Order 9066 began in earnest following its signing by Franklin D. Roosevelt earlier in February 1942. The order authorized the military to designate exclusion zones and remove individuals deemed security risks from certain areas of the country. In practice, it led to the forced relocation and incarceration of more than 110,000 Japanese Americans, most of whom were U.S. citizens. Families were removed from their homes, businesses were lost, and entire communities were dismantled. The government justified the policy as a matter of national security during World War II. Critics argued it was rooted in racial prejudice rather than military necessity.The constitutionality of the policy reached the Supreme Court in Korematsu v. United States. Fred Korematsu, a U.S. citizen, had refused to comply with the exclusion order and was convicted. In a 6–3 decision, the Court upheld his conviction, accepting the government’s claim that the exclusion was justified by wartime necessity. The majority deferred heavily to the executive branch, emphasizing the perceived threat on the West Coast. In dissent, several justices warned that the decision validated racial discrimination under the guise of military urgency.Decades later, the ruling came to be widely regarded as a grave error. In 1988, Congress passed the Civil Liberties Act, formally apologizing and providing reparations to surviving internees. In 2018, the Supreme Court explicitly stated that Korematsu was wrongly decided, rejecting its reasoning even though it was not formally overturned in the technical sense. The episode remains a cautionary example of how constitutional protections can erode in times of crisis.The U.S. Supreme Court is set to hear two cases concerning the scope of the Helms-Burton Act, a 1996 law that allows American companies to sue over property confiscated by Cuba after the 1959 revolution. One case involves ExxonMobil’s effort to recover more than $1 billion for oil and gas assets seized by Cuba in 1960. Exxon sued a Cuban state-owned company in 2019, alleging it continues to profit from the confiscated property. A lower court ruled that the Cuban entities could claim foreign sovereign immunity, which generally protects foreign governments from being sued in U.S. courts. Exxon has asked the Supreme Court to reverse that decision.The second case involves four cruise operators—Carnival, Royal Caribbean, Norwegian Cruise Line, and MSC Cruises—accused of unlawfully benefiting from docks in Havana that were originally built and operated by a U.S. company before being seized by Cuba. The docks were used between 2016 and 2019, after travel restrictions were eased under President Obama. A trial judge initially ruled against the cruise lines and awarded more than $100 million in damages, but an appeals court later dismissed the case, finding that the original concession had expired before the cruise lines used the property. The Supreme Court’s decisions could clarify how broadly Congress intended the Helms-Burton Act to apply and whether claimants face significant legal barriers when seeking compensation.US Supreme Court to hear Exxon bid for compensation from Cuba | ReutersU.S. Customs and Border Protection announced that it will stop collecting tariffs imposed under the International Emergency Economic Powers Act (IEEPA) beginning just after midnight on Tuesday. The decision comes several days after the U.S. Supreme Court ruled that those tariffs were unlawful. The agency said it would deactivate the tariff codes tied to President Donald Trump’s IEEPA-related orders but did not explain why collections continued for days after the ruling. It also did not address whether importers who paid the duties would receive refunds.The suspension of the IEEPA tariffs coincides with the implementation of a new 15% global tariff introduced under a different statutory authority. Customs clarified that the halt applies only to the IEEPA-based tariffs and does not affect other trade measures, including those enacted under Section 232 for national security reasons or Section 301 for unfair trade practices. Economists have estimated that the now-invalidated IEEPA tariffs generated more than $175 billion in revenue and were bringing in over $500 million per day. As a result, the ruling potentially exposes the government to significant refund claims from importers.US to stop collecting tariffs deemed illegal by Supreme Court on Tuesday | ReutersJPMorgan Chase informed President Donald Trump and his hospitality company in February 2021 that it was closing their bank accounts, according to newly released documents tied to Trump’s $5 billion lawsuit against the bank and its CEO, Jamie Dimon. The letters were sent about a month after the January 6, 2021, attack on the U.S. Capitol. At the time, several businesses and organizations distanced themselves from Trump, including law firms and the PGA of America.In its February 19, 2021 letters, JPMorgan did not provide a detailed explanation for ending the relationship. The bank stated generally that it may determine a client’s interests are no longer served by continuing with J.P. Morgan Private Bank. JPMorgan has previously argued that Trump’s lawsuit lacks merit. Trump’s legal team, however, claims the letters amount to an admission that the bank intentionally “de-banked” him and his businesses, allegedly causing major financial harm.Trump contends that JPMorgan violated its own policies and unfairly targeted him for political reasons. The newly disclosed letters were submitted as part of the bank’s effort to transfer the case from federal court in Miami to New York, where JPMorgan argues the dispute is more closely connected.JPMorgan says it closed Trump’s bank accounts a month after Jan. 6 attack | ReutersA federal judge in Florida declined to overturn a $243 million jury verdict against Tesla stemming from a fatal 2019 crash involving the company’s Autopilot system. The court found that the evidence presented at trial sufficiently supported the jury’s conclusion that Autopilot played a role in the collision, which killed 22-year-old Naibel Benavides Leon in Key Largo. The jury determined that both the driver and Tesla shared responsibility for the crash.Jurors originally awarded $59 million to Benavides’ parents and $70 million to her boyfriend, Dillon Angulo, who was injured in the incident. After accounting for comparative fault, the compensatory damages were reduced to about $42.6 million, with the driver found 67% responsible and Tesla 33% responsible. The jury also imposed $200 million in punitive damages against the company.Tesla asked the court to set aside the verdict or grant a new trial, arguing that the damages were excessive and that its conduct did not meet Florida’s legal threshold for punitive damages. The company also contended that state law limits punitive damages to three times the compensatory award. The judge rejected these arguments, stating that Tesla was largely repeating points already considered and dismissed during trial.At trial, plaintiffs argued that Autopilot was defective because it could be activated on roads it was not designed for and did not adequately ensure driver attention. They also claimed Tesla overstated the system’s capabilities. The driver admitted he had looked away from the road moments before the crash.Tesla Can’t Escape $243M Autopilot Crash Verdict - Law360 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: Jacobson v. MassachusettsOn this day in legal history, the Supreme Court issued its decision in Jacobson v. Massachusetts (1905), a case that defined the balance between individual liberty and public health. The dispute arose during a smallpox outbreak when Massachusetts authorized local governments to require vaccinations. Henning Jacobson refused the vaccine, arguing that the mandate violated his personal liberty under the Constitution. The case presented a fundamental question: how far can the state go in protecting the health of its citizens?In a 7–2 decision, the Court upheld the compulsory vaccination law. The justices reasoned that individual freedoms are not absolute. Writing for the majority, the Court explained that the Constitution permits reasonable regulations to protect public health and safety. This authority stems from the state’s “police power,” a broad power to enact laws for the welfare of the community. The Court emphasized that liberty does not include the right to act in a way that harms others. During an epidemic, the government may impose measures necessary to prevent disease from spreading.The decision established an enduring precedent for public health regulation. It has been cited in later cases involving quarantine laws, vaccine mandates, and emergency health orders. More than a century later, Jacobson remains central to debates about the limits of government authority in times of crisis.A federal judge in California sharply reduced a jury pool in a class action securities trial against Elon Musk after many potential jurors said they could not be impartial. Out of 92 candidates, 38 were dismissed after admitting they could not fairly judge the case, prompting Musk’s attorney to argue that strong personal hostility toward his client was affecting the process. The lawsuit, brought by former Twitter investors, alleges that Musk made misleading statements in 2022 to depress the company’s stock price while negotiating its purchase. Musk denies the allegations.Judge Charles R. Breyer reminded jurors that their verdict must be based only on evidence presented at trial, not personal opinions about Musk. Several prospective jurors expressed strong views, both positive and negative, and some were removed for cause. One man who said he believed Musk should be in prison but could be fair in a civil case was not selected. Others who openly supported Musk or dismissed class actions as frivolous were also excluded. By the end of the day, a nine-member jury was seated.The case centers on claims that Musk’s tweets about the deal being “on hold” and about the percentage of fake accounts misled investors. The judge previously ruled that investors plausibly alleged securities law violations and certified a class of affected shareholders. He also denied early summary judgment motions, allowing the case to proceed to trial. The upcoming trial will determine whether Musk’s public statements violated federal securities laws during the 2022 acquisition process.‘Hate’ For Musk Quickly Narrows Jury Pool In Twitter Deal Trial - Law360Jeffrey Epstein’s estate has agreed to pay up to $35 million to settle a class action lawsuit alleging that two of his longtime advisers helped facilitate his sex trafficking scheme. The proposed agreement was disclosed in a federal court filing in Manhattan and must still be approved by a judge. The lawsuit, filed in 2024, targeted Darren Indyke, Epstein’s former personal lawyer, and Richard Kahn, his longtime accountant, who serve as co-executors of the estate.Attorneys for the victims claimed the two men assisted Epstein by managing a network of corporations and financial accounts that concealed his activities and enabled payments to victims and recruiters. As part of the settlement, neither Indyke nor Kahn admitted wrongdoing. Their attorney stated they were prepared to contest the claims at trial but chose to settle to bring closure and resolve remaining potential claims against the estate.The estate has already distributed substantial sums to victims. A compensation program previously paid out $121 million, and an additional $49 million has been resolved through other settlements. According to defense counsel, the new agreement will offer a confidential path to compensation for individuals who have not yet settled claims.Epstein died in a New York jail in 2019, and his death was ruled a suicide.Epstein estate agrees to $35 million settlement in victim class action | ReutersThe Trump administration announced plans to scale back federal limits on mercury and other hazardous air pollutants emitted by coal-fired power plants. Officials said easing these standards would help utilities manage costs and maintain reliable baseload electricity as power demand rises, particularly from artificial intelligence data centers. The move targets updates made during the Biden administration to the Mercury and Air Toxics Standards (MATS), which built on regulations first adopted in 2012.The Biden-era revisions would have significantly reduced allowable mercury emissions and cut releases of toxic metals such as arsenic, nickel, and lead. Supporters of those rules argued they would generate hundreds of millions of dollars in public health savings by lowering exposure to harmful pollutants. The Supreme Court previously declined to pause the updated standards while legal challenges proceeded.Environmental and public health advocates warn that weakening the rule could increase health risks, especially for children and other vulnerable populations, since mercury exposure can impair neurological development. The EPA, however, stated that the original 2012 rule already provides sufficient public health protection and that the newer requirements impose costs exceeding their benefits.The rollback aligns with broader administration efforts to support coal power, including declaring an energy emergency, granting temporary exemptions to dozens of coal plants, and revisiting prior climate-related regulatory findings. Coal plants currently produce less than one-fifth of U.S. electricity but remain significant sources of hazardous air pollution.Trump EPA to weaken rule limiting harmful mercury, air toxics from coal plants | ReutersA federal judge in California ruled that PepsiCo and its Frito-Lay division can block a proposed class action brought by convenience store owners alleging unfair pricing practices. The stores claimed the company favored large national retailers by offering them better wholesale prices, in violation of the Robinson-Patman Act, which prohibits certain forms of price discrimination. The lawsuit sought to represent thousands of independently owned California stores that said they lost significant sales as a result of the alleged practices.U.S. District Judge Mónica Ramírez Almadani determined that the plaintiffs failed to show that all proposed class members suffered the same type of injury, a key requirement for class certification under federal law. She explained that price discrimination claims typically require detailed, transaction-specific evidence, making broad class treatment difficult. The court agreed with the defendants’ argument that resolving the claims would require individualized inquiries into each store’s circumstances.Although the judge rejected the class action request, she did not dismiss the underlying lawsuit. Instead, she allowed the plaintiffs to revise and refile their class allegations. Attorneys for the convenience stores said they plan to amend the complaint to provide additional detail about how Frito-Lay allegedly disadvantaged smaller retailers.PepsiCo, Frito-Lay win US court order barring class action in snack pricing lawsuit | ReutersThe U.S. Supreme Court ruled 6–3 that the International Emergency Economic Powers Act (IEEPA) does not authorize President Donald Trump to impose broad tariffs under a declared national emergency. In a majority opinion by Chief Justice John Roberts, the Court emphasized that the Constitution assigns the power to levy taxes and duties exclusively to Congress, not the executive branch. The case arose after President Trump declared national emergencies related to drug trafficking and trade deficits and then imposed sweeping tariffs on imports from numerous countries, including Canada, Mexico, and China.Small businesses and several states challenged the tariffs, arguing that IEEPA permits the president to “regulate” importation but does not explicitly authorize the imposition of duties. Lower courts agreed, and the Federal Circuit largely affirmed those rulings before the cases reached the Supreme Court. The majority concluded that the statutory term “regulate . . . importation” cannot be read to include the power to impose taxes, especially given Congress’s consistent practice of clearly and specifically granting tariff authority in other statutes. The Court also relied on the “major questions” doctrine, reasoning that such sweeping economic authority requires clear congressional authorization, which IEEPA does not provide.The justices rejected arguments that emergency powers or foreign affairs concerns justified a broader interpretation. They noted that no prior president had used IEEPA to impose tariffs in its nearly 50-year history. As a result, the Court affirmed the Federal Circuit’s decision invalidating the tariffs and directed dismissal of a related case for lack of jurisdiction.Justices Strike Down Trump’s Emergency TariffsThis week’s closing theme is by Louis Spohr.This week’s closing theme features music by Spohr, a composer who stood at the crossroads between the Classical and early Romantic eras. Born in 1784, Spohr was a celebrated violinist, conductor, and teacher whose reputation in his lifetime rivaled many of his contemporaries. Though his name is less familiar today, he played an important role in shaping early nineteenth-century orchestral and chamber music. His style combines Cla

This Day in Legal History: Edison Receives Patent on PhonographOn February 19, 1878, Thomas Edison received a patent for one of his most transformative inventions: the phonograph. The device could record and reproduce sound, a breakthrough that stunned the public and reshaped the relationship between technology and creativity. Until that point, copyright law primarily protected written works such as books, maps, and sheet music. The phonograph introduced an entirely new category of expression—recorded sound—that did not fit neatly into existing statutes. Lawmakers and courts were soon confronted with a difficult question: who owns a performance once it is captured on a machine?Early copyright frameworks did not clearly account for performers’ rights in recorded works. As the recording industry grew, pressure mounted to recognize both composers and performers as legal stakeholders. Congress responded incrementally, expanding federal copyright protections to cover sound recordings in the twentieth century. These changes reflected a broader shift toward adapting intellectual property law to technological innovation. Courts also played a role by interpreting statutes in ways that acknowledged the economic realities of recorded music. The phonograph’s legacy thus extends far beyond its mechanical design. It forced the legal system to confront how creative labor should be valued in an age of reproduction. In doing so, Edison’s invention helped lay the foundation for modern intellectual property law governing sound recording and broadcasting.A coalition of environmental and public health organizations has filed suit against the Trump administration over its decision to revoke the scientific “endangerment finding” that underpins federal climate regulations. The case was brought in the U.S. Court of Appeals for the District of Columbia Circuit and also challenges the Environmental Protection Agency’s move to repeal vehicle tailpipe emissions limits. The administration recently announced it would eliminate the 17-year-old finding and end greenhouse gas standards for model years 2012 through 2027.The endangerment finding, first adopted in 2009, concluded that greenhouse gases threaten public health and welfare, triggering regulatory authority under the Clean Air Act. Its repeal would remove requirements for measuring and complying with federal vehicle emissions standards, though immediate effects on stationary sources like power plants remain uncertain. The administration characterized the rollback as a major cost-saving measure, estimating $1.3 trillion in taxpayer savings.By contrast, the Biden administration had previously argued the vehicle standards would produce net consumer benefits, including lower fuel and maintenance costs averaging thousands of dollars over a vehicle’s lifetime. The lawsuit marks one of the most significant legal challenges yet to President Trump’s broader effort to scale back climate policy, promote fossil fuel development, withdraw from the Paris Agreement, and dismantle clean energy incentives. Transportation and power generation each account for roughly a quarter of U.S. greenhouse gas emissions, underscoring the stakes of the regulatory reversal.Environmental groups challenge Trump decision to revoke basis of US climate regulations | ReutersMeta CEO Mark Zuckerberg is scheduled to testify in a Los Angeles jury trial examining whether Instagram harms young users’ mental health. The case centers on allegations that Meta designed its platform to keep children engaged despite knowing about potential psychological risks. A California woman who began using Instagram and YouTube as a child claims the platforms contributed to her depression and suicidal thoughts. She is seeking damages, arguing the companies prioritized profit over user well-being.Meta and Google deny the accusations and point to safety features they have implemented. Meta has also cited research suggesting that evidence does not conclusively show social media directly changes children’s mental health. Defense attorneys argue the plaintiff’s struggles stem from personal and family issues rather than her social media use.The lawsuit is part of a broader wave of litigation in the United States, where families, schools, and states have filed thousands of similar claims against major tech companies. Internationally, governments such as Australia have imposed age-based restrictions, and other countries are considering similar measures. The trial could test the tech industry’s longstanding legal protections against liability for user harm. If the plaintiff prevails, the verdict may weaken those defenses and open the door to additional claims. Zuckerberg is expected to face questions about internal company research concerning Instagram’s effects on teens.Meta’s Zuckerberg faces questioning at youth addiction trial | ReutersA federal judge in San Francisco has ordered a lawyer representing passengers in sexual assault litigation against Uber to pay sanctions for violating a protective order. The ruling requires attorney Bret Stanley to pay $30,000 in legal fees to Uber after he disclosed confidential company information obtained during discovery. The case is part of consolidated litigation accusing Uber of failing to implement adequate safety measures and background checks for drivers, claims the company denies.U.S. Magistrate Judge Lisa Cisneros found that Stanley improperly shared the names of internal Uber policies in unrelated lawsuits and with other plaintiffs’ attorneys. Uber argued that he used the confidential material as a roadmap to pursue evidence in other cases. The judge concluded that Stanley acted unreasonably by unilaterally deciding to disclose protected information. However, she rejected Uber’s request for more than $168,000 in fees, finding that the company had not demonstrated significant harm from the disclosures.Stanley defended his actions, stating he intended to streamline discovery in related cases and accused Uber of delaying document production nationwide. The judge also indicated Stanley will owe additional fees tied to a separate sanctions request, after finding he searched case documents to assist another lawsuit. The decision comes shortly after a federal jury awarded $8.5 million to a woman who alleged she was sexually assaulted by an Uber driver.Uber wins sanctions against lawyer for sexual assault plaintiffs | 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: Aaron Burr Arrested (But Not For That)On February 18, 1807, former Vice President Aaron Burr was arrested in the Mississippi Territory on charges of treason against the United States. Once one of the most powerful men in the young republic, Burr had fallen from political grace after killing Alexander Hamilton in a duel and drifting to the margins of national life. Federal authorities accused him of plotting to carve out an independent nation in the western territories, possibly including lands belonging to Spain. The allegations sparked fear that the fragile Union could splinter only decades after independence.Later that year, Burr stood trial in Richmond, Virginia, before Chief Justice John Marshall, who was riding circuit. The case quickly became a constitutional showdown between executive power and judicial restraint. President Thomas Jefferson strongly supported the prosecution, but Marshall insisted that the Constitution’s Treason Clause be applied strictly. The Constitution requires proof of an “overt act” of levying war against the United States, not merely evidence of intent or conspiracy.Marshall ruled that prosecutors had failed to present sufficient proof that Burr had committed such an overt act. As a result, the jury acquitted him. The decision established an enduring precedent that treason must be narrowly defined and carefully proven. By demanding clear evidence of action rather than suspicion or political hostility, the court reinforced limits on the government’s power to punish alleged disloyalty. Burr’s trial remains one of the earliest and most significant tests of constitutional safeguards in American legal history.Bayer AG and its Monsanto subsidiary have proposed a $7.25 billion nationwide class settlement to resolve current and future claims that Roundup exposure caused non-Hodgkin lymphoma. Filed in Missouri state court, the agreement would run for up to 21 years and provide capped, declining annual payments. People diagnosed before or within 16 years after final court approval could seek compensation through the program. The settlement must still receive judicial approval.The proposal is part of a broader strategy tied to the U.S. Supreme Court’s pending review of Durnell v. Monsanto, which could determine whether federal pesticide labeling law blocks certain state failure-to-warn claims. Bayer has indicated that a favorable ruling could significantly limit future lawsuits, while the class program is designed to address claims regardless of the Court’s decision. Plaintiffs’ attorneys say the deal would cover both occupational and residential exposure and protect the rights of future claimants, while allowing individuals to opt out and pursue separate suits.Roundup litigation has generated tens of thousands of cases, with more than 40,000 already pending or subject to tolling agreements. Bayer inherited the legal challenges after acquiring Monsanto in 2018, and the ongoing litigation has weighed heavily on the company financially and reputationally. Previous jury verdicts have resulted in multibillion-dollar awards, some later reduced on appeal or by judges. The new proposal would replace an earlier settlement effort that collapsed in 2020 and aims to create a longer-term, more predictable compensation system.Bayer AG Unveils $7.3B Deal For Roundup Users - Law360Bayer proposes $7.25 billion plan to settle Roundup cancer cases | ReutersA Seattle federal jury found inventor Leigh Rothschild, several of his patent-holding companies, and his former attorney liable for violating Washington’s anti-patent trolling law after asserting patent infringement claims against Valve Corp. Jurors concluded the defendants acted in bad faith under the Washington Patent Troll Prevention Act and also violated the state’s consumer protection statute. Valve was awarded $22,092 in statutory damages.The jury also determined that Rothschild and his companies breached a 2016 global settlement and licensing agreement with Valve. Under that agreement, Valve paid $130,000 for rights to certain patents in exchange for a promise not to sue over them. Despite that covenant, Rothschild’s entities later filed a 2022 infringement lawsuit and sent a 2023 letter threatening additional litigation. The jury awarded Valve $130,000 for the first breach and $1 for the second, finding no valid justification for repudiating the agreement.In addition, jurors ruled that one asserted patent claim was invalid because it would have been obvious to a skilled professional at the time of filing. The dispute stemmed from Valve’s 2023 lawsuit accusing Rothschild of repeatedly pursuing claims covered by the prior settlement. The defense argued any mistakes were unintentional and not profit-driven, but the jury sided with Valve after a four-day trial.The case also involved procedural controversies, including sanctions over delayed financial disclosures and allegations that a defense filing contained fabricated quotations and citations generated by artificial intelligence. Post-trial motions are expected as the defense challenges aspects of the verdict.Valve Jury Says Rothschild, Atty Broke Anti-Patent Troll Law - Law360Beginning July 1, 2026, new federal limits will cap loans for professional degree students at $50,000 per year and $200,000 total, significantly changing how aspiring lawyers finance law school. Administrators and financial aid experts warn that the cap may push students to rely on private loans, which often carry higher interest rates and fewer protections. Unlike federal loans, private loans are generally not eligible for Public Service Loan Forgiveness, making them riskier for students planning lower-paying public interest careers.Some admitted students are already reconsidering their options, choosing less expensive schools or withdrawing altogether after calculating potential debt burdens. Law schools may need to increase scholarships or other aid to support students who cannot secure private loans. Private lending has been minimal in legal education since 2006, when federal policy allowed graduate students to borrow up to the full cost of attendance, so there is uncertainty about how lenders will respond to renewed demand.Data show that about one-quarter of ABA-accredited law schools currently have average annual federal borrowing above the new $50,000 cap. At some elite institutions, graduates tend to earn high salaries, which may reassure private lenders. However, other schools with high borrowing levels report much lower median earnings, raising concerns about repayment risks. Experts warn that students at lower-ranked schools or from disadvantaged backgrounds could be hit hardest.In response, some schools are creating new financial strategies. The University of Kansas School of Law has launched an in-house loan program with a fixed 5% interest rate for borrowing above the cap. Santa Clara University School of Law is offering guaranteed scholarships to reduce tuition below the federal limit, and applications there have surged. Overall, the loan cap introduces financial uncertainty that could reshape enrollment decisions, access to legal education, and the long-term cost of becoming a lawyer.US law schools, students fear rising costs from new federal loan cap | ReutersThe U.S. Supreme Court has introduced new software designed to help identify potential conflicts of interest involving the justices. The tool will compare information about parties and attorneys in pending cases with financial and other disclosures maintained by each justice’s chambers. These automated checks are intended to supplement, not replace, the justices’ existing internal review process when deciding whether to step aside from a case.Under current practice, each of the nine justices independently determines whether recusal is necessary. The move comes after the Court adopted its first formal code of conduct in 2023, which states that a justice should withdraw when their impartiality could reasonably be questioned. Critics have pointed out that the code lacks an enforcement mechanism and leaves recusal decisions solely in the hands of the justices themselves.To support the new system, the Court is also strengthening filing requirements. Parties will need to provide more detailed disclosures, including fuller lists of involved entities and relevant stock ticker symbols. These updated requirements will take effect on March 16. Advocacy groups welcomed the technological upgrade as a step toward better ethics oversight, noting that similar conflict-checking systems have long been standard in lower federal courts.US Supreme Court adopts new technology to help identify conflicts of interest | Reuters This is a public episode. 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This Day in Legal History: Wesberry v. Sanders On February 17, 1964, the U.S. Supreme Court decided Wesberry v. Sanders, one of the most consequential voting rights cases in American history. The dispute arose from Georgia’s congressional districts, where vast population disparities meant that some districts had two or even three times as many residents as others. In practical terms, this imbalance diluted the voting power of citizens in more populated, often urban, districts. James P. Wesberry challenged the system, arguing that it violated Article I, Section 2 of the Constitution, which provides that members of the House of Representatives are chosen “by the People.”In a 6–3 decision, the Court agreed. Writing for the majority, Justice Hugo Black concluded that the Constitution requires congressional districts to be drawn so that “as nearly as practicable one man’s vote in a congressional election is to be worth as much as another’s.” The ruling established the principle of “one person, one vote” for federal elections. It rejected longstanding districting schemes that favored rural regions at the expense of growing urban populations. The decision forced states to redraw congressional maps to ensure substantially equal populations across districts.Wesberry was part of the broader reapportionment revolution of the 1960s, alongside cases addressing state legislative districts. Together, these decisions reshaped American democracy by making representation more closely tied to population equality. By insisting that each vote carry roughly equal weight, the Court strengthened the constitutional promise of representative government. February 17, 1964, marks a turning point in election law and the modern understanding of political equality.A federal judge in New York has ruled that discrimination claims brought by a group of NFL coaches will proceed in court rather than in arbitration. U.S. District Judge Valerie Caproni denied the league’s request to compel arbitration, finding that the NFL’s arbitration system was not fair or neutral. The lawsuit was filed by former Miami Dolphins coach Brian Flores, later joined by Steve Wilks and Ray Horton, who allege racial discrimination and retaliation in hiring practices. The case has been stalled for several years while the parties disputed whether it belonged in federal court or before an arbitrator.Judge Caproni relied heavily on a 2025 decision by the U.S. Court of Appeals for the Second Circuit, which concluded that the NFL’s arbitration structure was fundamentally flawed. The appellate court criticized the system because the NFL commissioner served as the default arbitrator and controlled the procedures, raising concerns about neutrality. It held that such an arrangement did not allow Flores to effectively vindicate his statutory rights. Based on that reasoning, Judge Caproni determined that the arbitration clause could not be enforced for the remaining claims. She also declined to delay the case further while the NFL considers seeking review from the U.S. Supreme Court.The coaches argue that requiring them to arbitrate before the league’s own commissioner would deprive them of a fair forum. Their attorneys praised the ruling, saying it affirms that employees cannot be forced into a process controlled by the opposing party’s chief executive. The NFL has not publicly responded to the latest order. The case will now move forward in the U.S. District Court for the Southern District of New York.NFL Found To Fumble Arbitration Over Bias, Must Go To Court - Law360Ruling says Brian Flores lawsuit vs. NFL, teams can go to court - ESPNA Stanford psychiatry professor testified in a California bellwether trial that research supports the existence of social media addiction and its harmful effects on young people. Dr. Anna Lembke told jurors that peer-reviewed studies show heavy use of platforms such as Instagram and YouTube can contribute to depression, anxiety, insomnia, and suicidal thoughts. She cited a National Institutes of Health study tracking more than 11,000 minors, which found that children who were not initially depressed were more likely to develop depression after significant social media use. According to Lembke, the study undermines the argument that already-depressed teens simply gravitate toward social media.Her testimony contrasts with statements from Instagram’s CEO, who told the jury he does not believe social media addiction is real. The case is the first of several bellwether trials arising from thousands of consolidated lawsuits claiming platforms intentionally designed addictive features. The companies are accused of using tools such as autoplay, notifications, and infinite scrolling to encourage compulsive use. The claims focus on whether these design features are addictive, rather than on third-party content posted by users. Plaintiffs assert negligence, failure to warn, and concealment.During cross-examination, defense attorneys questioned Lembke about passages in her book describing her own compulsive reading of romance novels, attempting to challenge her views on addiction. She responded that her examples were meant to show how modern systems increase vulnerability to compulsive behavior, not to trivialize serious substance addictions. Defense counsel also argued that platform features are easy to disable, but Lembke maintained her analysis centered on their addictive qualities, not on user settings. Outside the courthouse, families held a rally memorializing children whose deaths they attribute to social media harms. The trial will continue next week.Stanford Prof Tells Jury Studies Confirm Social Media Addiction - Law360In a piece I wrote for Forbes this week, I argue that the IRS’s decision to expand tax relief for Americans held hostage abroad is both correct and incomplete. The agency currently freezes collections, halts enforcement notices, and abates penalties when taxpayers are physically incapable of complying due to foreign captivity. I contend that this relief is grounded not in diplomacy, but in a simple principle: incapacity makes compliance impossible. If that principle justifies relief abroad, it should apply equally when the U.S. government wrongfully detains someone at home.I explain that the IRS already has administrative authority to provide this type of relief, as confirmed in a recent Treasury Inspector General for Tax Administration report. When notified by the State Department or FBI, the IRS places a “hostage indicator” on an account, pausing automated enforcement and suspending penalties during captivity and for six months after release. Although TIGTA identified some administrative flaws in how the system operates, the broader framework demonstrates that the agency can act without new legislation.By contrast, taxpayers subjected to wrongful domestic detention—particularly in immigration contexts—receive no comparable safeguard. The compliance system continues to generate notices, penalties, and interest even when individuals are cut off from mail, income, and legal assistance. I argue that this disparity undermines fairness and weakens the legitimacy that voluntary tax compliance depends on. Congress may move to formalize relief for foreign hostages, but the IRS does not need to wait to address domestic cases.I propose that the agency adopt a parallel framework for wrongful domestic detention, triggered by certification from a federal authority or court. Such a system would temporarily suspend collection activity and abate penalties during detention and a reasonable transition period after release. The goal is consistency: a tax system should not distinguish between foreign and domestic incapacity when the result is the same inability to comply.IRS Suspends Tax Obligations For Hostages Abroad—Do The Same At HomeIn my column for Bloomberg this week, I argue that Massachusetts’ proposed regulation on taxing standardized software creates a rigid and impractical apportionment system for multistate businesses. Under the draft rule, any company seeking to allocate tax based on actual in-state use must register through MassTaxConnect and obtain a software apportionment certificate. At the time of purchase, the buyer must also submit a transaction-specific statement explaining its allocation percentage and supporting rationale. I contend that this framework imposes significant administrative burdens on businesses that operate across multiple states.Even companies willing to overpay rather than calculate precise usage would not have an easy option. If they decline to complete the required documentation, they must pay tax on 100% of the purchase price, regardless of how little of the software is actually used in Massachusetts. I argue that this approach effectively turns multistate buyers into compliance agents who must track usage, justify percentages, and retain records for possible audits. At the same time, the Department of Revenue would assume the role of reviewing and policing each allocation.I point out that enterprise software usage is often fluid and difficult to track, especially when licenses are pooled, accessed remotely, or bundled into broader contracts. Proving precise state-by-state use may be costly or even unworkable. Instead of forcing every buyer into this detailed regime, I propose a safe harbor option. Businesses could elect a fixed in-state percentage, such as 25%, and accept taxation on that amount without additional paperwork or registration.I explain that this alternative would not eliminate full apportionment for those seeking precision or refunds, but would provide a simpler path for others. The safe harbor could even operate on a transitional basis while the state evaluates how the broader certification system functions. Ultimately, I argue that modernization should not mean added complexity, and that a fixed-percentage election would promote voluntary compliance, reduce administrative strain, and provide

This Day in Legal History: Powell v. AlabamaOn February 16, 1932, the United States Supreme Court heard oral arguments in Powell v. Alabama, a case that would become a cornerstone of modern criminal procedure. The appeal arose from the notorious Scottsboro Boys prosecutions in Alabama, where nine young Black men were accused of raping two white women aboard a train. The trials moved with alarming speed, and the defendants were sentenced to death after proceedings that offered little meaningful access to legal counsel. In some instances, lawyers were appointed on the day of trial, leaving virtually no time to prepare a defense.The case forced the Court to confront whether such rushed representation satisfied the requirements of due process under the Fourteenth Amendment. When the decision was issued later that year, the Court held that in capital cases, state courts must provide defendants with effective assistance of counsel. The justices emphasized that the right to be heard would mean little without the guiding hand of an attorney. The ruling did not yet create a broad right to counsel in all felony cases, but it marked a significant expansion of constitutional protections in state criminal proceedings.Powell signaled that fundamental fairness in state trials was subject to federal constitutional scrutiny. It also laid important groundwork for later decisions that would extend the right to counsel beyond capital cases. The case remains a defining example of how procedural safeguards can shape the legitimacy of the criminal justice system.The U.S. Court of Appeals for the Federal Circuit revived part of Google’s challenge to a Wildseed Mobile LLC patent covering the creation and transmission of “hot links” through text messages. A three-judge panel vacated a decision by the Patent Trial and Appeal Board that had upheld one remaining claim of the patent, while invalidating the others. The appellate court found that the board failed to properly analyze Google’s argument that the claim was invalid in light of prior art.The disputed claim involved generating a hot link using either an SMS message or an instant message. Although Google addressed both aspects in its petition, the board focused only on the SMS portion and did not meaningfully address the instant messaging limitation. The Federal Circuit said the board neither evaluated whether prior art covered the instant messaging element nor explained why it declined to do so. Because of that omission, the panel sent the case back to the board for further review.Wildseed had accused Google of infringing the patent based on how advertisements function on YouTube. The lawsuit was initially filed in Texas in 2022 but later moved to federal court in California, where proceedings were paused pending the outcome of the PTAB review. In 2024, the board had already invalidated claims in two related Wildseed patents involving video ads and smartphone notifications.Google’s Hot Link Patent Claim Challenge Revived At Fed. Circ. - Law360Federal prosecutors have unveiled additional details in a criminal case accusing Cleveland Guardians pitchers Emmanuel Clase and Luis Ortiz of participating in a pitch-fixing scheme tied to sports betting. A superseding indictment filed in New York alleges that Clase exchanged coded text messages with associates and bettors before games to signal when he would throw specific pitches. The messages reportedly used poultry-themed language such as “rooster” and “chicken” to disguise the scheme. In one example, an associate allegedly texted Clase about throwing a “rock at the first rooster,” to which Clase responded affirmatively.Prosecutors claim that bettors used this advance information to place successful proposition bets on pitch speed, winning hundreds of thousands of dollars. According to the indictment, bettors earned at least $400,000 on wagers involving Clase and about $60,000 on wagers involving Ortiz. The players allegedly agreed to accept bribes of at least $12,000 each. Authorities also allege that some coordination occurred in person, including meetings at Clase’s home, and that payments were routed through intermediaries.The updated indictment adds Robinson Vasquez Germosen, who prosecutors say acted as a middleman and later lied to FBI agents about his knowledge of the scheme. He is charged with making false statements. Clase and Ortiz previously pleaded not guilty, and their attorneys maintain that the allegations are unproven and will be challenged at trial.MLB Pitcher Sent ‘Coded’ Texts For Rigged Pitches, Feds Say - Law360 UKA long-running dispute over ownership of a goldendoodle named Tucker has concluded with a private sealed-bid auction ordered by the Delaware Court of Chancery. The case, Callahan v. Nelson, involved former partners Karen Callahan and Joseph Nelson, who had jointly acquired the dog while dating but could not agree on ownership after their 2022 breakup. Because the couple was never married, they could not rely on Delaware’s family law statute that allows courts to consider a pet’s well-being when dividing marital property.After conflicting rulings in lower courts, the matter reached the state’s premier business court, where Vice Chancellor Bonnie W. David applied a property “partition” remedy. Rather than ordering shared custody or considering the dog’s best interests, the court required a single blind bidding process between the parties. The higher bidder would keep Tucker, and the other would receive the payment. The exact amount of the winning bid was not disclosed. Nelson ultimately submitted the top bid and retained the dog.The court explained that, absent statutory authority to weigh the animal’s welfare, traditional property principles favored an auction as the cleanest solution. A neutral attorney oversaw the process and noted that the dog’s value was subjective and personal, not easily tied to market measures. Callahan’s attorney said she was disappointed but would not seek to block the result, adding that the case sets helpful precedent for resolving similar pet ownership disputes.A key legal element in the case is the use of partition, an equitable remedy typically applied when co-owners of property cannot agree on how to divide it. Instead of physically splitting the property or forcing continued joint ownership, the court may order a sale and distribute the proceeds.Ex-Boyfriend Wins Tucker the Goldendoodle in Sealed Bid Auction This is a public episode. 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This Day in Legal History: Bruno Hauptmann ConvictedOn February 13, 1935, a New Jersey jury convicted Bruno Hauptmann of kidnapping and murdering the infant son of famed aviator Charles Lindbergh. The crime had transfixed the nation for nearly three years and was widely labeled the “Crime of the Century.” The child was taken from the Lindbergh home in 1932, and despite a ransom payment, was later found dead. Public outrage was immediate and intense, with newspapers covering nearly every development in the investigation and trial.Hauptmann’s prosecution relied heavily on circumstantial evidence, including ransom notes and expert testimony linking his handwriting to those notes. The government also introduced evidence tying marked ransom bills to Hauptmann’s possession. The trial raised early concerns about the reliability of forensic handwriting analysis and the influence of media attention on jury impartiality. Critics then and now have questioned whether the intense publicity compromised due process protections.The case also reshaped federal criminal law. In response to the kidnapping, Congress enacted the Lindbergh Law, formally known as the Federal Kidnapping Act. The statute made it a federal offense to transport a kidnapping victim across state lines, expanding federal jurisdiction over what had traditionally been a state crime. That shift reflected a broader trend during the early twentieth century toward increased federal involvement in criminal enforcement.Today, the Hauptmann conviction remains a staple in criminal law courses, not only for its tragic facts but also for its lasting procedural and constitutional implications.Goldman Sachs’ chief legal officer, Kathy Ruemmler, resigned after newly released Justice Department documents detailed her past communications with Jeffrey Epstein. CEO David Solomon announced that he accepted her resignation, which will take effect on June 30. Ruemmler said the media attention surrounding her prior legal work had become a distraction. The disclosures showed she exchanged numerous emails with Epstein between 2014 and 2019 and received gifts from him, including luxury items. Some emails revealed that she advised Epstein on how to respond to press inquiries about his treatment by prosecutors.The documents also noted that Epstein attempted to contact her by phone on the night of his 2019 arrest on sex trafficking charges. Ruemmler stated that she knew Epstein only in her capacity as a defense attorney and denied any knowledge of ongoing criminal conduct. Before joining Goldman, she led the white-collar defense practice at Latham & Watkins and previously served as White House counsel during the Obama administration.The broader document release has drawn attention to Epstein’s connections within major financial institutions, including UBS and JPMorgan. Ruemmler’s departure marks one of the most prominent banking exits linked to the renewed scrutiny of Epstein’s network.Top Goldman Sachs lawyer Ruemmler resigns after Epstein disclosures | ReutersA federal judge in Minnesota ruled that U.S. Immigration and Customs Enforcement improperly interfered with detainees’ access to their attorneys during a recent enforcement operation. U.S. District Judge Nancy Brasel found that ICE’s practices during “Operation Metro Surge” effectively denied thousands of people meaningful legal access. The order requires ICE to stop quickly transferring detainees out of Minnesota and to permit attorney visits and confidential phone calls. The ruling will remain in effect for 14 days while the case proceeds.The class action lawsuit was filed on January 27 on behalf of noncitizen detainees. According to the court, many individuals were moved out of state without notice, making it difficult or impossible for lawyers to locate them. In some instances, detainees were transferred so often that ICE itself lost track of their whereabouts. Judge Brasel concluded that while ICE did not formally deny the right to counsel, its actions in practice severely limited that right.The court also cited evidence that detainees were given limited phone access, sometimes sharing a small number of phones among dozens of people, with calls occurring in nonprivate settings. One asylum seeker with a valid work permit was held for 18 days despite a court order requiring his earlier release and was transferred across multiple states without explanation. The judge rejected ICE’s claim that it lacked sufficient resources, noting that the agency had committed substantial personnel and funding to the enforcement effort.ICE blocked detainees’ access to lawyers in Minnesota, judge finds | ReutersPresident Donald Trump announced four new judicial nominations, including a White House attorney selected for a seat on the U.S. Court of International Trade. The nominee, Kara Westercamp, currently serves as associate counsel in the White House and previously worked at the Justice Department. If confirmed, she would join a nine-member court that handles disputes involving U.S. trade laws, including challenges to tariffs. Her nomination comes as numerous companies contest Trump’s sweeping global tariffs and seek refunds on duties already paid.Retailers and manufacturers such as Costco, Goodyear, and Revlon have filed lawsuits arguing that the tariffs exceed presidential authority. Earlier rulings from the trade court and the U.S. Court of Appeals for the Federal Circuit blocked most of the tariffs, and the U.S. Supreme Court is now reviewing the matter. Trump has publicly criticized the earlier decisions.In addition to Westercamp, Trump nominated Katie Lane to a federal district court in Montana, Sheria Clarke to a district court seat in South Carolina, and federal prosecutor Evan Rikhye to a 10-year term on the District Court of the Virgin Islands. All nominees must be confirmed by the Senate.Trump nominates White House lawyer to court hearing tariff cases | ReutersFormer CNN anchor Don Lemon is scheduled to appear in federal court in Minnesota to enter a plea related to charges stemming from his coverage of a protest at a St. Paul church. The protest targeted President Donald Trump’s immigration enforcement surge in the state. Lemon, now an independent journalist, livestreamed the January 18 demonstration, which disrupted a worship service at Cities Church.Federal prosecutors charged him with conspiring to violate civil rights and with obstructing access to a house of worship under a statute also used in cases involving abortion clinic protests. His attorney argues that the prosecution infringes on Lemon’s First Amendment rights and characterizes the case as an attack on press freedom. Trump publicly supported the charges, while Attorney General Pam Bondi stated that authorities would protect the right to worship without interference.The protest occurred during broader demonstrations against federal immigration actions in Minnesota, where thousands had gathered to oppose the crackdown. Lemon was seen on video speaking with activists before and during the disruption and interviewing participants and congregants inside the church. Another journalist, Georgia Fort, faces similar charges and has denied wrongdoing, stating she was reporting rather than participating.Journalist Don Lemon to enter plea in Minnesota ICE protest case | ReutersThis week’s closing theme is by Johann Sebastian Bach.Bach stands as one of the central figures of the Baroque era, revered for the structural clarity and spiritual depth of his music. Born in 1685 into a long line of musicians, Bach spent much of his career serving as a church organist and cantor in German cities such as Arnstadt, Weimar, and Leipzig. Though not widely celebrated outside musical circles during his lifetime, his reputation has since grown to near-mythic status. His compositions balance intellectual precision with emotional resonance, blending intricate counterpoint with lyrical expression.This week’s closing theme is his Cello Suite No. 1 in G major, BWV 1007, likely composed around 1720 during his tenure in Köthen. The suite opens with one of the most recognizable preludes in all of classical music, built from flowing arpeggios that unfold with quiet inevitability. Written for unaccompanied cello, the piece demonstrates Bach’s ability to imply harmony and depth through a single melodic line. The suite follows the traditional Baroque dance structure, moving from Prelude through Allemande, Courante, Sarabande, Menuets, and Gigue.For many listeners, the Prelude evokes clarity, order, and calm—qualities that make it a fitting close to the week. Its simplicity is deceptive; beneath the surface lies careful architecture and subtle harmonic movement. The work fell into relative obscurity until the twentieth century, when cellist Pablo Casals famously revived it and brought it to concert stages worldwide. Today, it remains a cornerstone of the cello repertoire and a touchstone of Baroque artistry. As a closing theme, it offers both reflection and renewal, ending not with flourish but with quiet confidence.Without further ado, Johann Sebastian Bach’s Cello Suite No. 1 in G major, BWV 1007–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: NAACP FoundedOn February 12, 1909, the National Association for the Advancement of Colored People (NAACP) was founded in New York City. Sparked by ongoing racial violence, including the 1908 Springfield Race Riot in Illinois, a group of Black and white activists came together to launch an interracial effort to combat racial injustice. The NAACP would become the most influential civil rights organization in the United States, pursuing its goals through strategic litigation, public education, and advocacy.In its early years, the NAACP focused heavily on using the courts to challenge discriminatory laws and practices, particularly in education and voting. It played a pivotal role in Brown v. Board of Education (1954), the landmark Supreme Court case that declared racial segregation in public schools unconstitutional. Through its Legal Defense Fund—established in 1940 and headed for a time by Thurgood Marshall, who would later become the first Black U.S. Supreme Court Justice—the organization spearheaded a range of major civil rights cases.Beyond litigation, the NAACP was instrumental in pushing for anti-lynching laws, though federal anti-lynching legislation would take over a century to pass. The group’s efforts laid the legal and political foundation for the Civil Rights Movement of the 1950s and 1960s. Its influence continues today as it monitors civil rights violations and advocates for racial justice nationwide.Tom Goldstein, a prominent U.S. Supreme Court advocate and co-founder of SCOTUSblog, testified in his own defense during his federal criminal tax trial in Maryland. Goldstein, accused of failing to report millions in poker winnings and misrepresenting debts on mortgage applications, told jurors he never intended to violate the law. He admitted omitting gambling debts to keep them hidden from his wife, and claimed he relied on accountants and firm managers for financial reporting. The trial, overseen by Judge Lydia Griggsby, has drawn attention for its mix of high-stakes legal and poker worlds. Goldstein is alleged to have reported only $27 million of $50 million in poker winnings to the IRS in 2016. He also faces allegations of channeling improper payments through his former law firm and requesting a $500,000 payment from actor Tobey Maguire be sent to a third party to cover personal debts. Maguire, a witness in the trial, is not accused of any misconduct. The defense has called more than a dozen witnesses, including IRS agents, poker players, and law firm executives. Goldstein retired from Supreme Court advocacy in 2023 after arguing over 40 cases. The trial continues with prosecutors set to cross-examine him following his testimony.Supreme Court lawyer Tom Goldstein takes stand at his criminal tax trial | ReutersAttorney General Pam Bondi faced sharp criticism from lawmakers during a House Judiciary Committee hearing over the Justice Department’s handling of files related to Jeffrey Epstein. Representative Thomas Massie accused Bondi of deliberately concealing the names of powerful individuals connected to Epstein, including billionaire Leslie Wexner, whose name was initially redacted in an FBI document. Bondi countered that Wexner’s name had already been made public in other documents and was quickly unredacted once flagged. Lawmakers across the aisle expressed frustration over what they called excessive and unjustified redactions, despite a federal law passed in November mandating broad disclosure of the Epstein files.Bondi defended the department’s efforts, highlighting the work of over 500 lawyers on a tight timeline, and insisted any release of victims’ identities was accidental. She repeatedly praised President Donald Trump during the hearing and criticized Democratic members, accusing them of political theatrics. Her confrontational style sparked further tension, especially when she refused to apologize to Epstein’s victims seated in the gallery, deflecting the request by referencing past administrations. The hearing reflects the ongoing controversy surrounding the Justice Department’s approach to transparency, its alignment with Trump-era politics, and the public’s demand for accountability in the Epstein investigation.US lawmakers accuse Bondi of hiding names of Epstein associates | ReutersThe Law School Admission Council (LSAC) announced that beginning August 2026, the LSAT will no longer be available online, citing rising concerns over cheating. The move comes after a period of hybrid testing, introduced during the COVID-19 pandemic, which allowed examinees to choose between in-person and remote formats. While remote testing will still be permitted in limited cases involving medical or geographic hardships, the default will now be in-person testing at designated centers. LSAC emphasized that the shift is meant to enhance test integrity and deter misconduct, which has become a growing concern—particularly after the organization suspended online testing in China due to reports of systemic cheating.Industry professionals, including LSAT prep company leaders, supported the decision, noting that online platforms made it easier for cheating rings to exploit the system through tactics like using cameras to capture test content or remotely accessing test takers’ computers. Some cheating services reportedly charged thousands of dollars to help candidates gain an unfair advantage. LSAC added that technical difficulties also played a role in the change, with most scoring delays stemming from remote testing issues. On the January 2026 exam, 61% of test takers opted for in-person testing, suggesting a trend back toward traditional methods.US law school admissions test ends online option over cheating concerns | Reuters This is a public episode. 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This Day in Legal History: Nelson Mandela ReleasedOn February 11, 1990, Nelson Mandela was released from Victor Verster Prison in South Africa after 27 years of incarceration, marking a seismic shift in the country’s legal and political landscape. Mandela’s release followed a period of secret negotiations between the apartheid government and the African National Congress (ANC), and it signaled the beginning of the end of apartheid—a system of institutionalized racial segregation and oppression upheld by law. His imprisonment had become a global symbol of the fight against racial injustice and was frequently challenged by international human rights organizations and legal scholars as a violation of fundamental human rights.Mandela had been convicted in 1964 of sabotage and other charges under South Africa’s Suppression of Communism Act, following the infamous Rivonia Trial. He was sentenced to life imprisonment, spending much of his sentence on Robben Island under harsh conditions. Over the decades, growing international sanctions and internal unrest made apartheid increasingly untenable.Then-President F.W. de Klerk’s government began rolling back apartheid legislation in the late 1980s, and on February 2, 1990, de Klerk announced the unbanning of the ANC and his intention to release Mandela. Just nine days later, Mandela walked free, delivering a speech in Cape Town that emphasized reconciliation, peace, and the continuation of the struggle for full democratic rights.Mandela’s release was not just a political milestone—it was a legal one, too. It reflected a move away from laws based on racial supremacy and toward a constitutional order grounded in human rights. This transformation would culminate in South Africa’s 1996 Constitution, often lauded for its rights-based framework and independent judiciary.The Trump administration’s plan to repeal the EPA’s 2009 endangerment finding—the scientific basis for regulating greenhouse gases under the Clean Air Act—could reignite legal efforts to hold polluters accountable through public nuisance lawsuits. That finding enabled the EPA to regulate emissions from vehicles and power plants, but its reversal removes the legal framework that had previously shielded companies from such claims under a 2011 Supreme Court ruling. In that decision, the Court held that the EPA’s authority under the Clean Air Act displaced common-law nuisance suits against emitters. Without that EPA oversight, legal scholars believe plaintiffs may now argue that the courts are once again an appropriate venue for these claims.Public nuisance lawsuits, typically filed by states or municipalities, seek to hold companies accountable for harms caused to community health and safety. These cases have been historically difficult to win due to challenges in proving direct causation, but experts say the new regulatory gap could encourage a wave of litigation. Industry groups like the Edison Electric Institute have warned that repealing the endangerment finding could expose utilities to costly legal battles. While federal courts had largely blocked such claims, state courts have shown more openness, and the shift in federal policy may strengthen these legal efforts. Environmental advocates may now have renewed leverage to push power companies and other emitters into court.Trump’s repeal of climate rule opens a ‘new front’ for litigation | ReutersAttorney General Pam Bondi is scheduled to testify before the House Judiciary Committee this week amid intensifying legal scrutiny over the Justice Department’s management of the Jeffrey Epstein files. Lawmakers are expected to question Bondi about what they view as excessive redactions and the DOJ’s withholding of key documents, actions that may conflict with a bipartisan federal law passed in 2025 mandating the broad release of Epstein-related materials. Legal analysts suggest the DOJ’s reliance on legal privileges—such as investigatory and deliberative process exemptions—to justify redactions could face stiff challenges in court or through congressional oversight powers.The situation raises constitutional tensions between legislative oversight and executive privilege, particularly as the House panel, now under Republican control, examines whether the DOJ is shielding politically sensitive information. Some members of Congress have accused the Department of undermining transparency and potentially violating the statutory intent of the Epstein Disclosure Act, which narrowed the DOJ’s discretion in withholding records tied to convicted sex offenders or deceased suspects like Epstein.Bondi’s DOJ has been accused of prioritizing partisan enforcement over institutional neutrality, illustrated by failed prosecutions of Trump critics and an aggressive posture on immigration and protest-related cases. The sidelining of the DOJ’s civil rights division and the refusal to investigate federal shootings has further fueled concerns over selective enforcement and erosion of prosecutorial independence. Bondi’s testimony will serve as a key moment to defend the Department’s use of legal redactions and its broader approach to politically charged prosecutions.Bondi to face questions on Epstein files in House testimony | ReutersInstagram chief Adam Mosseri is set to testify in a Los Angeles courtroom this week in a groundbreaking lawsuit that could reshape how U.S. law approaches the intersection of product design and youth mental health. The case centers on a 20-year-old plaintiff who alleges she became addicted to Instagram as a child due to its deliberately addictive interface—particularly the “endless scroll” feature that loads content continuously to hold user attention. Her lawyers argue that Instagram’s design choices amount to a form of negligent product engineering that failed to account for known risks to children.This case raises novel legal questions: Can user interface (UI) design be treated as a defective product under tort law? Can tech companies be held liable not just for content but for the architecture of the platforms themselves? If the court accepts these arguments, it could establish precedent for treating addictive design as a public health harm similar to tobacco or opioid marketing practices.Mosseri is expected to face questioning over internal documents that, according to the plaintiff, show Meta was aware of the app’s mental health impact on vulnerable teens. Meta counters that these documents reflect efforts to mitigate harm, not evidence of negligence. Still, the case may test the limits of Section 230 immunity, as it focuses not on third-party content, but the platform’s own design—potentially sidestepping the traditional legal shield for tech companies.Hundreds of similar cases are pending, and this trial may serve as a bellwether for litigation nationwide. International developments, including Australia’s ban on social media for children under 16, suggest this is a growing legal frontier.Instagram’s leader to testify in court on app design, youth mental health | ReutersNovo Nordisk’s recent patent infringement lawsuit against Hims & Hers marks a pivotal legal development in the pharmaceutical industry’s battle with telehealth providers distributing compounded drugs. The suit, filed in Delaware federal court, targets Hims’ sales of compounded semaglutide—the active ingredient in Wegovy and Ozempic—claiming these formulations infringe Novo’s patents. While compounding is allowed under certain FDA exemptions, those exemptions do not shield pharmacies or telehealth platforms from patent liability. This case challenges the assumption that FDA compliance protects against infringement claims, exposing a gray area where regulatory and intellectual property regimes collide.Historically, brand-name drugmakers focused on trademark challenges over how compounded drugs were marketed. Novo’s move into patent litigation signals a strategic escalation: it’s not about branding anymore—it’s about the act of making and selling the compound itself. Experts highlight that this is likely the first time a brand drug company has pursued patent claims directly against a compounding pharmacy or telehealth distributor, suggesting the industry now sees these entities as substantial commercial threats.The case also underscores a novel enforcement strategy: suing the telehealth platform facilitating sales rather than the dispersed network of compounding pharmacies, streamlining legal action and potentially setting precedent for centralized liability. Hims, already under regulatory scrutiny, had just halted plans to sell compounded semaglutide pills but remains a target due to its involvement in injectable forms.The outcome of this case may clarify how FDA-sanctioned compounding intersects with patent protections and could define the boundaries for how far telehealth companies can go in offering customized versions of patented drugs.Novo’s GLP-1 Patent Suit Against Hims Takes Aim at Compounding This is a public episode. 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This Day in Legal History: 25th AmendmentOn February 10, 1967, the 25th Amendment to the United States Constitution was ratified, formally addressing presidential succession and disability for the first time in constitutional text. The need for such clarity had become urgent after the assassination of President John F. Kennedy in 1963 and President Dwight D. Eisenhower’s repeated illnesses during his terms. Prior to this amendment, there was no definitive constitutional mechanism for filling a vacancy in the vice presidency or for managing presidential incapacity. The 25th Amendment established four key sections, each designed to ensure governmental stability during times of crisis.Section 1 confirmed that if a president dies, resigns, or is removed, the vice president becomes president—not just acting president. Section 2 allowed for the appointment of a new vice president, with confirmation by both the House and Senate, in the event of a vacancy. This provision was put to use shortly after its ratification when Gerald Ford was appointed vice president in 1973 following Spiro Agnew’s resignation. Section 3 allowed a president to voluntarily transfer power to the vice president by submitting a written declaration to Congress—used during temporary medical procedures like surgeries.Most controversial and significant is Section 4, which allows the vice president and a majority of the cabinet (or another body designated by Congress) to declare the president “unable to discharge the powers and duties of his office.” This provision has never been fully invoked but has been a topic of discussion during times of perceived presidential instability. It establishes a legal mechanism for removing a president against their will, albeit temporarily, with congressional oversight. The amendment reflects a post-World War II concern for continuity of leadership in a nuclear age. Its ratification marks a critical evolution in constitutional law, ensuring the executive branch remains functional even under extraordinary circumstances.A federal lawsuit filed in Texas alleges that an 18‑month‑old girl detained by U.S. immigration authorities was sent back into U.S. Immigration and Customs Enforcement (ICE) custody after being hospitalized for a life‑threatening respiratory illness and then denied the medications doctors prescribed.According to the filing, Amalia and her parents were held at the family detention center in Dilley, Texas after a routine immigration check‑in in December. The toddler became severely ill in January with extremely high fever and breathing problems, and a hospital diagnosed her with multiple serious infections including COVID‑19, pneumonia and RSV. After about 10 days in the hospital, she was discharged with a nebulizer, respiratory medication and nutritional supplements—but those were confiscated when she was returned to the detention facility.The lawsuit says her parents repeatedly tried to obtain prescribed treatment from detention staff but were forced to wait in long lines and often were denied, contributing to the child’s health deterioration. Legal advocacy led to the family’s release after the emergency court filing; attorneys contend the case reflects broader problems with medical care, conditions and protections for children and families in immigration custody.Toddler was returned to ICE custody and denied medication after hospitalization, lawsuit says | ReutersThe Trump administration is proposing a significant change to federal employment law that would restrict fired federal workers from appealing their terminations to the independent Merit Systems Protection Board (MSPB). Under the plan, workers would instead have to appeal to the Office of Personnel Management (OPM)—a shift critics say would compromise impartiality, as the OPM director reports directly to the president.The MSPB, historically tasked with mediating disputes between federal employees and agencies, experienced a 266% spike in appeals cases during Trump’s second term, likely due to a surge in federal job cuts. In 2025, the federal workforce shrank by 317,000 employees, though OPM claims most departures were voluntary through buyouts rather than firings—an assertion not independently verified.This latest proposal would further President Trump’s second-term agenda to reduce the size of the federal workforce while also narrowing employees’ legal options for challenging dismissals. Trump has also weakened job protection enforcement by removing officials from agencies that safeguard civil service rights. Critics argue the proposal consolidates power over personnel disputes within the executive branch, potentially eroding longstanding civil service protections.Trump seeks to limit legal options for fired federal workers | ReutersMy column for Bloomberg Tax this week is about tax holidays for data centers–or the folly in offering them. India’s bold new play to become the backbone of global digital infrastructure isn’t just about its headline-grabbing 20-year tax holiday for data centers. The real shift is happening in the fine print—a 15% safe harbor for transfer pricing that removes much of the risk multinationals face when operating across borders. If a company like Microsoft India applies a simple 15% markup on services sold to its U.S. parent, the Indian government agrees not to challenge the pricing. That’s not just a tax break—it’s operational certainty, and it makes India’s offer much more attractive than anything U.S. states currently have on the table.In contrast, American states are still offering scattered subsidies—property tax breaks, zoning perks, utility discounts—without any unified vision or reliable regulatory structure. There’s no equivalent to India’s safe harbor. No clarity on transfer pricing. No coordination across state lines. The result is what I see as economic development policy by improv, where officials hand out incentives like they’re bidding on a sports arena rather than negotiating infrastructure strategy.And what do U.S. taxpayers get in return? A burst of construction, a few permanent jobs, and a long-term commitment to expensive infrastructure upgrades for data centers that don’t meaningfully plug into the local economy. Meanwhile, India is making an offer that fits squarely onto a multinational’s balance sheet—pre-agreed pricing, national alignment, and a clear path to long-term cost savings.I don’t think the solution is to try to beat India at its own game. But if states are going to offer incentives, they need to extract something real in return: energy infrastructure, broadband expansion, or compute resources that benefit the public. Otherwise, they’re just footing the bill for someone else’s global expansion. 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: Opium is Prohibited in the USOn February 9, 1909, the United States took its first significant federal step toward regulating narcotics when Congress passed a law banning the importation of opium for non-medical purposes. The act, officially titled “An Act to Prohibit the Importation and Use of Opium for Other Than Medicinal Purposes,” marked the beginning of a century-long evolution in American drug policy. While opium had long been associated with addiction and social issues—particularly in Chinese immigrant communities—prior regulation had occurred mostly at the state and local levels. This federal statute aimed to curb both domestic consumption and the growing international trade in opium, which had become a concern for moral reformers, physicians, and public officials.The 1909 law was as much a product of racialized anxieties and diplomatic concerns as it was a health policy. U.S. officials were influenced by the growing global temperance movement and international agreements like those discussed at the International Opium Commission in Shanghai that same year. Domestically, the law paved the way for a broader federal role in drug control, leading to later landmark legislation such as the Harrison Narcotics Tax Act of 1914. It also helped define narcotics as a matter of federal concern rather than simply a moral or local issue.While the 1909 statute was limited in scope—it did not criminalize possession or use, only importation—it established the principle that Congress could regulate substances in the interest of public health and welfare. That principle would be expanded in later decades as the War on Drugs developed. The opium ban illustrates how early 20th-century American legal policy began to intertwine with international diplomacy, race, and evolving conceptions of public health.A landmark trial began this week in a California state court to determine whether Instagram and YouTube can be held liable for allegedly harming a young woman’s mental health through addictive platform design. The plaintiff, a 20-year-old woman identified as K.G.M., claims that Meta (parent company of Instagram and Facebook) and Google (which owns YouTube) designed their platforms in a way that fostered addiction from a young age, contributing to her depression and suicidal ideation. Her legal team argues the companies were negligent, failed to provide warnings, and that the platforms substantially contributed to her psychological harm.A verdict in her favor could open the door for thousands of similar lawsuits currently pending against major tech firms like Meta, Google, Snap, and TikTok. Notably, Snap and TikTok settled with the plaintiff before trial, while Meta CEO Mark Zuckerberg is expected to testify. The defense plans to emphasize external influences in K.G.M.’s life and highlight efforts they’ve made around youth safety.The case challenges longstanding U.S. legal protections under Section 230 of the Communications Decency Act, which generally shields internet companies from liability for user-generated content. However, if the jury accepts the argument that the harm stems from platform design rather than content, it could weaken those defenses. Parallel legal battles are underway, including over 2,300 federal lawsuits and a separate trial in New Mexico where Meta is accused of enabling child sexual exploitation.Instagram, YouTube addiction trial kicks off in Los Angeles | ReutersThe Trump administration has appealed a federal court ruling that requires the U.S. Department of Transportation to release frozen funding for the $16 billion Hudson Tunnel Project, which aims to upgrade vital rail infrastructure connecting New York and New Jersey. Judge Jeannette Vargas issued a preliminary injunction ordering the unfreezing of the funds after officials from both states warned that construction would cease due to lack of financing. The administration filed a notice of appeal two days later.The funding had been halted in September pending a review of the project’s adherence to new federal restrictions on race- and sex-based criteria in contracting. According to a source, Trump recently proposed unfreezing the money if Democrats agreed to rename Washington Dulles Airport and New York’s Penn Station after him—an offer that was widely condemned.The Hudson Tunnel, which was damaged during Hurricane Sandy in 2012, remains a critical piece of rail infrastructure, handling over 200,000 passengers and 425 trains each day. The Gateway Development Commission, which oversees the project, expressed readiness to resume work once funding is reinstated. Approximately $2 billion of the $15 billion federal allocation—approved under the Biden administration—has already been spent.Trump administration appeals ruling on releasing New York City tunnel funds | ReutersA divided panel of the U.S. Court of Appeals for the Fifth Circuit upheld the Trump administration’s policy of mandating detention without bond for individuals arrested during immigration enforcement operations. The 2-1 decision is the first appellate ruling to affirm the policy, despite widespread opposition from hundreds of lower-court judges across the country who have deemed it unlawful. The ruling applies to Texas and Louisiana, states that hold the largest populations of immigration detainees.The policy relies on an expanded interpretation of the term “applicants for admission” under federal immigration law. Traditionally applied to individuals arriving at the border, the Department of Homeland Security argued in 2025 that it also applies to undocumented individuals already residing in the U.S. This interpretation was adopted by the Board of Immigration Appeals and made mandatory by immigration judges nationwide.The case before the court involved two Mexican nationals, Victor Buenrostro-Mendez and Jose Padron Covarrubias, who had previously persuaded lower courts they were wrongly denied bond hearings. The appeals court reversed those rulings, with Judge Edith Jones writing that the statute’s plain text supported the administration’s view. Judge Dana Douglas dissented, arguing that the interpretation stretched beyond what Congress intended in the 1996 immigration law.Other circuit courts are expected to weigh in on similar challenges, and the issue may ultimately reach the U.S. Supreme Court.US appeals court upholds Trump’s immigration detention policy | ReutersA federal appeals court has denied the Trump administration’s request to delay proceedings in its appeal to reinstate executive orders targeting four major U.S. law firms. The U.S. Court of Appeals for the D.C. Circuit ruled that the cases—challenging orders against Perkins Coie, WilmerHale, Jenner & Block, and Susman Godfrey—will move forward and be combined with a related appeal involving attorney Mark Zaid’s revoked government security clearance.The Justice Department had sought to postpone the law firm appeals until after the Zaid case was decided, a move that could have delayed resolution for months. But the court rejected that approach, siding with the law firms, which argued they deserved a timely judgment on whether the government unlawfully targeted them.Trump’s executive orders accused the firms of using the legal system against him and criticized their diversity policies, directing the government to strip them of security access and limit their interactions with federal agencies. Four federal judges previously struck down the orders as unconstitutional, finding they violated free speech and due process rights. The administration is now appealing both those rulings and the one involving Zaid.Trump administration loses bid to delay appeals over law firm executive orders | 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: 20th AmendmentOn February 6, 1933, the 20th Amendment to the U.S. Constitution officially went into effect, reshaping the timeline of federal political power transitions in the United States. Commonly known as the “Lame Duck Amendment,” it was ratified just weeks earlier, on January 23, 1933, but became operative on this day. The amendment moved the inauguration dates of the president and vice president from March 4 to January 20 and newly elected members of Congress from March 4 to January 3.This was a significant reform. Previously, there had been a long delay—about four months—between election and inauguration. The result was a period where outgoing officials retained power despite potentially losing their mandates, often leading to inaction and political stagnation. This was particularly problematic during times of crisis. For example, after Franklin D. Roosevelt won the 1932 election, he had to wait until March to take office while the nation was deep in the throes of the Great Depression, and President Hoover remained largely inactive.The 20th Amendment also clarified procedures for what should happen if the president-elect dies before taking office, a scenario not fully accounted for in earlier constitutional provisions. Section 3 addresses this contingency, while Section 4 gives Congress the authority to legislate procedures for succession and emergencies.By speeding up the transfer of power, the amendment reduced the influence of “lame duck” sessions, promoting a more responsive and democratic governance structure. It also underscored a constitutional shift toward greater efficiency in the federal system.The Trump administration has appointed 33 new immigration judges, 27 of whom are temporary, following the dismissal or departure of over 100 judges since Trump’s return to office in January 2025. This reshaping of the immigration court system is part of a broader push to increase deportations and speed up case processing. The newly sworn-in judges will serve in courts across 15 states, including Texas, California, and New York.A significant number of the appointees have military experience—half of the permanent judges and all of the temporary ones—reflecting a Pentagon-supported effort to deploy Defense Department lawyers into immigration roles. Critics, including the American Immigration Lawyers Association, argue that the mass firings have severely depleted judicial capacity, especially amid a record backlog of 3.2 million pending immigration cases.The administration is also set to introduce a regulation reducing the time migrants have to appeal deportation rulings from 30 to 10 days. This fast-track process would give the Board of Immigration Appeals greater authority to summarily dismiss appeals, a move likely to draw legal challenges given prior rulings against similar reinterpretations of immigration law.Trump administration names 33 new immigration judges, most with military backgrounds | ReutersBrad Karp has stepped down as chairman of Paul, Weiss, Rifkind, Wharton & Garrison LLP following revelations of his extensive correspondence with Jeffrey Epstein. The emails, released by the Department of Justice, revealed years of personal and professional interaction between Karp and Epstein, including Karp’s praise of legal arguments dismissing victims’ claims and discussions about sensitive financial matters involving Epstein’s associates. Though Karp has not been accused of any criminal wrongdoing, the disclosures created internal and public pressure leading to his resignation.Karp will remain at the firm in a non-leadership role, while corporate department head Scott Barshay has assumed the chairmanship. Barshay is known for high-profile mergers, including deals involving Chevron and Anheuser-Busch. Karp had led the firm since 2008, building its revenue significantly and taking on both corporate defense and progressive political causes.The fallout also reignited criticism over Paul Weiss’ controversial 2025 deal with the Trump administration. In that arrangement, Karp brokered pro bono legal commitments in exchange for the rescission of an executive order that limited the firm’s federal work—an effort that involved direct lobbying by Robert Kraft and a meeting with Donald Trump.Epstein emails lead Brad Karp to resign as Paul Weiss law firm chairman | ReutersA federal jury in Phoenix has ordered Uber to pay $8.5 million to Jaylynn Dean, who said she was assaulted by a driver at age 19. The trial, the first of over 3,000 consolidated cases, served as a bellwether to assess the legal strength and settlement value of similar claims. The jury found the driver acted as an agent of Uber, making the company liable, but declined to award punitive damages.Dean’s lawyers argued Uber knowingly failed to implement safety improvements despite rising reports of assaults. The case highlighted Uber’s marketing to women as a safe option, which attorneys said misled passengers about real risks. Dean was intoxicated when she ordered a ride in Arizona in 2023 and was allegedly attacked after the driver stopped the vehicle.Uber denied liability, stating the driver had no criminal record and that the incident was unforeseeable. The company emphasized that it passed background checks and claimed the jury’s decision supported its broader safety efforts, though it plans to appeal.The trial has implications for both Uber and Lyft, whose shares dipped following the verdict. Analysts believe the case may lead to enhanced background screening across the ride-hailing industry.Uber ordered to pay $8.5 million in trial over driver sex assault claims | ReutersA legal fight has emerged between a group of U.S. states and pharmacist T.J. Novak, a whistleblower seeking a portion of the $4.7 billion opioid settlement the states reached with Walgreens. Novak previously filed a federal False Claims Act case accusing Walgreens of unlawfully filling opioid prescriptions and billing government health programs. The U.S. government settled with Walgreens for $300 million, including $150 million tied to Novak’s claims—earning him a whistleblower payout of over $25 million.Novak now argues that the states’ massive 2022 settlement with Walgreens also resolved his state-level claims under their respective false claims statutes, entitling him to additional compensation. The states dispute this, saying their deal addressed public nuisance concerns, not false claims violations. They warn that granting Novak a cut would force courts into a complex and inconsistent analysis across 28 different state laws and could open the door to broad whistleblower entitlements in future state actions.Key states like Rhode Island, North Carolina, and Virginia filed briefs opposing Novak’s claim, stressing the differences in statutory frameworks and the nature of the claims resolved. The outcome could impact future whistleblower litigation involving parallel state and federal claims tied to nationwide corporate settlements.States square off with opioids whistleblower over payout from $4.7 billion Walgreens settlement | ReutersThis week’s closing theme is by Felix Mendelssohn.This week’s closing theme is Lied ohne Worte, Op. 109, by Mendelssohn, a composer whose refined lyricism shaped the early Romantic era. Born in 1809, Mendelssohn was a prodigy who bridged Classical form and Romantic expression with grace and clarity. His Lieder ohne Worte—or “Songs Without Words”—are brief piano pieces that aim to convey the emotional depth of a song, but without lyrics. Op. 109, one of the last in the series, is especially introspective and serene, a quiet farewell rendered in music alone.Today, February 6, holds subtle resonance in Mendelssohn’s legacy. Though his death is commonly dated to November 4, 1847, some historical sources using the Julian calendar recorded it as February 6, making this date a quiet point of remembrance in certain circles. In that light, Lied ohne Worte, Op. 109, feels like a particularly appropriate selection—a final musical gesture from a composer who believed some feelings transcend words.It’s also a fitting close to a week of heavy stories—legal struggles, political reshuffling, and institutional reckonings. Mendelssohn offers no commentary, just clarity and calm. In the hush of his music, we’re reminded that reflection doesn’t always need a headline.Without further ado, Lied ohne Worte, Op. 109, by Felix Mendelssohn – 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: FDR’s Court Packing PlanOn February 5, 1937, President Franklin D. Roosevelt proposed the Judicial Procedures Reform Bill of 1937, better known as the “court-packing plan.” This controversial legislation aimed to expand the number of justices on the U.S. Supreme Court from nine to as many as fifteen. Roosevelt’s justification was to improve the efficiency of the judiciary, but the underlying motive was widely understood to be frustration with the Court’s consistent invalidation of New Deal legislation. The plan would have allowed the president to appoint an additional justice for every sitting justice over the age of 70½ who refused to retire.At the time, the Supreme Court had struck down several key components of Roosevelt’s New Deal, including the National Recovery Administration and the Agricultural Adjustment Act. Although Roosevelt had just won re-election in a landslide in 1936, the proposal met immediate and bipartisan resistance in Congress and the press. Critics argued it threatened the separation of powers and judicial independence. Even members of Roosevelt’s own party viewed the move as a dangerous overreach.Ultimately, the bill failed in the Senate. However, the controversy arguably pressured the Court to adopt a more favorable view of New Deal legislation. Justice Owen Roberts’s shift in support of certain New Deal programs came to be dubbed “the switch in time that saved nine.” While Roosevelt did not get to add new justices through his plan, he eventually appointed eight Supreme Court justices over his long presidency, reshaping the Court over time.Georgia’s Fulton County has filed a legal challenge over an FBI seizure of 2020 election records, arguing the search was overly broad and requesting the return of the documents. The motion, filed in federal court, also seeks to unseal the affidavit behind the warrant. The FBI searched the Fulton County Election Hub in Union City on January 28 as part of its investigation into President Donald Trump’s false claims of widespread voter fraud in Georgia during the 2020 election, which Trump lost to Joe Biden. According to the warrant, agents were authorized to confiscate all physical ballots, tabulator tapes, and voter rolls from multiple voting methods. County Commissioner Marvin Arrington Jr. criticized the process, noting the absence of an inventory or orderly transition of records, which raises concerns about potential document loss or tampering. He expressed skepticism about the value of any returned materials under such circumstances. The raid, perceived by local officials as politically motivated, has sparked fears of federal overreach and interference ahead of the 2026 midterms.Georgia’s Fulton County challenges seizure of election records | ReutersJones Day, a major international law firm, has filed a lawsuit in New York state court against private equity firm Centre Lane Partners and multiple affiliated companies, alleging over $9.6 million in unpaid legal fees. The firm claims it served as Centre Lane’s outside counsel since 2018, providing legal services across litigation, financing, acquisitions, and regulatory matters. Though Centre Lane reportedly had a consistent payment history, Jones Day alleges payments ceased in 2024 despite continued promises. Relying on assurances that payments were forthcoming, Jones Day says it rendered millions more in services, which it now claims were based on false representations.Notably, more than half of the unpaid fees stem from Jones Day’s defense work in an ongoing antitrust case involving a Pennsylvania glass plant closure and an FTC investigation. As of last month, Jones Day began formally withdrawing from representing Centre Lane in active cases, and the law firm Greenberg Traurig has taken over in the antitrust matter. Among the defendants named are Centre Lane portfolio companies, including Anchor Hocking and Corelle Brands. The case remains unassigned in New York’s Supreme Court, with no counsel yet listed for the defendants.Law firm Jones Day sues private equity firm, alleging $9.6 million in unpaid fees | ReutersThe U.S. Food and Drug Administration has classified Abbott’s recall of certain glucose monitoring devices as a Class I recall—the most serious level—after the products were linked to seven deaths and 860 serious injuries. The affected devices include specific lots of the FreeStyle Libre 3 and FreeStyle Libre 3 Plus sensors, which have been found to display inaccurately low blood sugar readings. Such faulty readings can lead users to make harmful treatment decisions, such as consuming too many carbohydrates or incorrectly adjusting insulin doses.Abbott disclosed that the devices may provide incorrect readings over extended periods, increasing the risk of serious medical complications for users who rely on continuous glucose data. The recall and its classification signal heightened concern from federal health regulators due to the potential for severe harm or death. As of early January, these issues had already caused significant patient harm. Abbott has not publicly detailed the total number of units affected or the geographic scope of the recall.Abbott recalls glucose sensors after seven deaths linked to faulty readings | ReutersIn an exclusive obtained by Bloomberg Law, the U.S. Department of Justice has directed all 93 U.S. attorney’s offices to designate prosecutors for newly formed “emergency jump teams” by February 6. These teams are intended to provide short-term support in jurisdictions experiencing critical events—particularly those involving alleged assaults on or obstruction of law enforcement. The internal memo from DOJ Executive Office Director Francey Hakes outlines the initiative as a rapid-response measure to bolster prosecutorial presence in areas facing urgent demands.The move follows a wave of resignations in the Minneapolis U.S. attorney’s office amid growing discontent over political targeting and controversial assignments, such as a disputed investigation into the widow of a protester killed by an ICE officer. While the memo does not directly mention Minneapolis, it aligns with Trump administration efforts to maintain aggressive law enforcement in left-leaning jurisdictions facing staff shortages.Offices previously affected by similar surges, including Chicago, Los Angeles, and D.C., have also suffered attrition, partly due to repeated grand jury refusals to indict protestors. The memo frames the jump teams not as litigators but as support staff to assist in command operations—handling triage, reviewing legal filings, and managing logistics.The order coincides with overt recruitment of ideologically aligned attorneys, including a public social media call for applicants who support Trump’s anti-crime platform. Additionally, the jump teams will help implement Attorney General Pam Bondi’s December directive to prioritize investigations into leftist groups like antifa.DOJ Orders Emergency Surge Prosecutors From All US Attorneys (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: BlockburgerOn February 4, 1932, the United States Supreme Court decided Blockburger v. United States, 284 U.S. 299 (1932), a case that established an enduring rule in American criminal law known as the Blockburger test. This test is used to determine whether two offenses are sufficiently distinct to permit multiple punishments or prosecutions under the Double Jeopardy Clause of the Fifth Amendment.In the case, the defendant was charged with multiple violations of the Harrison Narcotics Act for selling morphine on different occasions. The legal question was whether he could be prosecuted separately for each sale and for selling without proper prescription and for selling not in the original stamped package, even if these occurred during the same transaction.The Court held that each offense requires proof of a fact the other does not. If that’s the case, then they are distinct for double jeopardy purposes. This became the “same elements” test, sometimes called the Blockburger test, and it remains a key tool for analyzing double jeopardy claims today.Notably, the test doesn’t focus on whether the charges arise from the same conduct or transaction, but on whether each statutory provision requires proof of a fact which the other does not.This legal principle has been cited in thousands of cases, and it continues to shape how prosecutors and courts evaluate overlapping criminal charges.Ryan W. Routh, convicted of attempting to assassinate Donald Trump weeks before the 2024 presidential election, is scheduled for sentencing on Wednesday. Prosecutors are seeking a life sentence, citing months of planning, the use of disguises and multiple cellphones, and Routh’s readiness to kill others to carry out the plot. He was arrested near Trump’s West Palm Beach golf course in September 2024 after fleeing the scene and leaving behind a rifle and gear resembling body armor. At trial, Routh represented himself, making erratic statements and offering little in the way of a legal defense. He was convicted of five charges, including attempted assassination and illegal firearm possession. Routh claims he did not intend to kill Trump and has requested a 27-year sentence along with psychological treatment. The incident was the second assassination attempt on Trump during the campaign season. Prosecutors emphasized that Routh’s actions could have succeeded had it not been for Secret Service intervention. Following the verdict, Routh attempted to stab himself with a pen in court and had to be restrained. Trump praised the conviction, calling Routh “an evil man with an evil intention.”Man convicted of attempting to assassinate Trump to be sentenced | ReutersNetflix Co-CEO Ted Sarandos faced sharp questioning from U.S. senators over the company’s proposed $82.7 billion acquisition of Warner Bros Discovery, a deal that could reshape the streaming and entertainment landscape. At a Senate antitrust hearing led by Republican Mike Lee, lawmakers from both parties expressed concern that the merger could reduce competition, limit job opportunities for entertainment workers, and reduce content diversity. Lee warned the deal might let Netflix dominate streaming and steer major Warner Bros franchises away from theaters or rivals. Sarandos defended Netflix’s position, citing competition from platforms like YouTube, though senators noted YouTube’s ad-based model differs from subscription services.The Department of Justice is currently reviewing the merger alongside a competing bid from Paramount Skydance. Paramount’s proposal faces financing challenges, and its CEO, David Ellison, has ties to Donald Trump, raising political questions. Democratic Senator Cory Booker questioned Sarandos on whether Trump would influence the deal’s approval, a notion Sarandos said he couldn’t confirm. Sarandos argued that all viewing time on television is in direct competition, but senators remained skeptical of Netflix’s claims that its competition includes ad-supported platforms. The hearing reflects broader unease about consolidation in streaming, and the DOJ’s decision will ultimately shape the industry’s direction.Netflix co-CEO faces grilling by US Senate panel over Warner Bros deal | ReutersThe U.S. Department of Justice and a majority of state attorneys general are appealing a major antitrust ruling in the case against Google over its dominance in the online search market. Although a federal judge previously determined that Google held a monopoly, he declined to impose significant structural remedies, such as requiring Google to sell its Chrome browser or stop paying Apple to make Google the default search engine on Apple devices. The government’s appeal is expected to target this leniency.Google is also appealing the ruling and has requested a delay in compliance with the judge’s order to share certain data with competitors while the appeals process is ongoing. The case, originally filed in 2020, marks one of the most significant antitrust challenges against a tech company in decades. The court noted that newer players like OpenAI have recently emerged, potentially altering the competitive landscape.The ruling was widely viewed as a partial win for Google, frustrating regulators who had hoped for broader changes to curb the company’s influence in digital advertising and search. The appeal signals continued government efforts to pursue more aggressive antitrust enforcement in the tech sector.US files appeal in Google search antitrust 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: Fifteenth Amendment RatifiedOn February 3, 1870, the Fifteenth Amendment to the United States Constitution was ratified, marking a pivotal moment in American legal history. The amendment prohibits federal and state governments from denying a citizen the right to vote based on “race, color, or previous condition of servitude.” Its ratification was the third and final of the Reconstruction Amendments, following the Thirteenth (abolishing slavery) and Fourteenth (guaranteeing equal protection and due process) Amendments.The Fifteenth Amendment was a direct response to the systemic disenfranchisement of Black Americans in the post-Civil War South. While it granted a legal foundation for Black men’s suffrage, implementation faced immediate resistance. Southern states adopted literacy tests, poll taxes, grandfather clauses, and other discriminatory practices to circumvent the amendment and suppress Black political participation.Despite its passage, the amendment’s guarantees would not be meaningfully enforced until the passage of the Voting Rights Act of 1965, nearly a century later. The legal battles stemming from the Fifteenth Amendment’s promise have shaped much of the country’s voting rights jurisprudence and continue to echo in current debates about voter ID laws, redistricting, and access to the ballot box.A U.S. federal judge is set to hear arguments on February 5 regarding Danish company Ørsted’s request to lift the Trump administration’s pause on its offshore Sunrise Wind project near Long Island, New York. Ørsted has asked for a preliminary injunction, warning that without a decision by February 6, it could lose access to a specialized vessel crucial for cable installation, putting the project’s timeline, financial viability, and even survival at risk. The Interior Department halted five offshore wind projects in December, citing newly obtained, classified national security concerns, particularly radar interference. Ørsted’s filing states the company has already committed over $7 billion to the Sunrise Wind project, which is about 45% complete and projected to power nearly 600,000 homes by October.Judge Royce Lamberth, who previously granted an injunction for Ørsted’s Revolution Wind project off Rhode Island, will preside over the case. Four similar wind developments have already won legal relief allowing construction to continue during litigation. The ongoing delays reflect broader tensions between offshore wind expansion and the Trump administration’s skepticism of the technology, as well as evolving security concerns.US judge to consider last project challenge to Trump offshore wind pause | ReutersThe U.S. Department of Justice has launched a civil rights investigation into the fatal shooting of Alex Pretti, a 37-year-old ICU nurse, by federal immigration agents in Minneapolis. Pretti was killed during an enforcement operation that has since drawn national outrage and led the Trump administration to alter its tactics in Minnesota. Deputy Attorney General Todd Blanche said the FBI is conducting a preliminary review, with potential involvement from the DOJ’s Civil Rights Division, though he emphasized that the investigation is still in early stages.Video footage verified by Reuters shows Pretti being tackled by agents while holding a phone, and an officer retrieving a firearm from his body just before shots were fired. The Justice Department said a formal criminal civil rights probe would only proceed if the evidence supports it. Local officials have voiced distrust of the federal response and are conducting their own inquiry. Pretti is the second protester killed by federal agents in Minneapolis this month, and his family, represented by attorney Steve Schleicher, is demanding a transparent and impartial investigation. So far, no similar federal probe has been opened into the earlier shooting of Renee Good by an ICE officer.US Justice Dept opens civil rights probe into Alex Pretti shooting, official says | ReutersIn this week’s column for Bloomberg Tax, I argue that Volkswagen’s decision to cancel plans for a new Audi plant in the U.S. highlights the limitations of using tariffs as a cornerstone of industrial policy. The assumption underpinning tariff-heavy strategies is that the U.S. market is irresistible enough to force global firms to onshore production, even as tariffs erode that market’s size and appeal. Tariffs have come to function like sin taxes—meant to discourage consumption—but unlike cigarettes or soda, the goal with trade policy is not abstention, but investment and economic engagement. Instead, firms like VW are responding by pulling back, as higher costs reduce consumer demand and make U.S. market share too small to justify large-scale investment. The belief that global manufacturers can swiftly build U.S. capacity ignores the time, cost, and uncertainty involved, especially in capital-intensive sectors. VW’s exit is rational: it doesn’t make financial sense to break ground on a multibillion-dollar plant when the target market is shrinking and returns are questionable.Policymakers need to move beyond blunt tools and design trade incentives based on real market data, such as U.S. demand and potential return on investment. That means requiring ROI modeling before tariffs are imposed, and asking whether the targeted company has enough exposure to be moved by them. If the answer is no, we risk losing access to competitive products, jobs, and consumer choice—not gaining them. Trade policy should be surgical, not punitive, and should acknowledge that capital follows incentives, not threats.In a piece I wrote for Forbes late last week, and with apologies for a double dose of me today: I examined California’s long-running flirtation with a mileage-based tax to replace its declining gas tax revenues—and how what began as a test program has quietly become a form of policymaking through delay. In 2014, the state authorized a pilot program to study a “road usage charge,” a per-mile fee designed to keep transportation funding solvent as gas consumption drops. That pilot wrapped up in 2017 and showed the system works: vehicles can be tracked, billing can be simulated, and the technical challenges are manageable. But nearly a decade later, no mileage tax has been implemented, and new legislation—AB 1421—would extend the advisory committee until 2035.The real issue now isn’t feasibility but political avoidance. The state has drifted into a passive strategy where permanent pilots and advisory boards take the place of real decisions. This kind of inertia has a name: policy drift—when the law remains formally unchanged, but materially obsolete. California’s ongoing study phase has become a way to defer a difficult conversation about revenue and equity in a post-gasoline economy. The technology exists, and other states have already tested it. What’s missing is political will and public engagement.AB 1421 doesn’t collect revenue or educate voters—it simply extends the status quo under the guise of preparation. From the outside, it looks like planning. In practice, it’s a weather balloon designed to measure political tolerance, not policy readiness.California Mileage Tax—Pilot Programs And Permanent Policy Inertia 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 HidalgoOn February 2, 1848, the Treaty of Guadalupe Hidalgo was signed, officially ending the Mexican-American War and significantly altering the legal and territorial landscape of the United States. The treaty ceded vast swaths of land to the U.S., including present-day California, Arizona, New Mexico, and parts of several other western states—about half of Mexico’s territory at the time. In exchange, the U.S. paid Mexico $15 million and assumed $3.25 million in claims by American citizens against Mexico. Legally, the treaty promised to protect the property rights and civil liberties of Mexican nationals living in the newly acquired territories, but these promises were inconsistently honored in practice.The treaty’s ratification triggered significant legal and constitutional debates about the extension of slavery into new territories, setting the stage for the intensifying sectional conflicts that led to the Civil War. It also marked the beginning of long-standing disputes over land grants and water rights that would shape western property law. Moreover, the treaty’s vague wording left many issues—such as tribal sovereignty and citizenship—unresolved, leading to future litigation and policy struggles.The treaty was signed in the town of Guadalupe Hidalgo, near Mexico City, and ratified by the U.S. Senate in March 1848. It remains a foundational document in U.S. legal history, frequently cited in discussions of land rights, citizenship, and the limits of treaty enforcement.Our first story today is a bit off topic.In today’s digital world, every click, swipe, and login happens under a legal regime you didn’t negotiate—Terms of Service, Privacy Policies, and community guidelines that quietly shape your rights and obligations online. These documents form a system of private lawmaking, where companies act as legislators, drafting rules users must follow, often with little recourse or transparency. You don’t sign them, but courts often treat them as binding contracts. Clauses about arbitration, content ownership, surveillance, and data sharing carry real legal weight. Yet these terms can change overnight, unilaterally, and without notice.TOSTracker was created to bring transparency to this ecosystem. It’s a non-commercial research tool that tracks and archives the evolution of digital contracts over time. With over 150 companies and nearly 250 historical versions of key documents thus far, TOSTracker offers timestamped, hash-verified, and citable records of how these texts change. It provides full version histories, detects redlines at the word and section level, and supports programmatic access through an API. Whether you’re studying arbitration creep, GDPR compliance, or how moderation rules evolve, TOSTracker gives you the empirical backbone to do it.All content is normalized and archived via the Internet Archive’s Wayback Machine, with cryptographic hashes ensuring document integrity. Importantly, it doesn’t interpret the law—it captures the text and structure so you can. For legal researchers, privacy advocates, and anyone concerned with digital governance, this is a window into how private law is made, revised, and enforced online. It’s not a product; it’s a dataset, an archive, and a call to look more closely at the legal architecture of everyday tech.We’re also actively seeking contributors to help expand the archive. If you come across a consumer-facing legal document—like a Terms of Service, Privacy Policy, community guidelines, or EULA—that isn’t already tracked, you can submit it directly through the site. This includes documents behind logins, from smaller platforms, or covering underrepresented industries and regions. Submissions help close coverage gaps, diversify the dataset, and improve the foundation for legal research into how digital rights are defined and redefined over time. Your input directly supports transparency in an area where the law is often invisible.Check it out at tostracker.app if your research overlaps with digital contracts, user rights, or the evolving boundary between public law and platform governance.The U.S. Federal Trade Commission (FTC) has sent warning letters to 42 major law firms over concerns that their diversity, equity, and inclusion (DEI) hiring practices may be anticompetitive. The FTC emphasized that firm-wide agreements to meet diversity benchmarks—particularly those tied to programs like Diversity Lab’s certification—could unlawfully restrict competition in the legal labor market by influencing hiring, compensation, or promotions. These letters arrive amid a broader rollback of DEI initiatives under President Donald Trump’s administration, which has eliminated related programs in government and targeted private sector efforts.Firms such as Paul Weiss, WilmerHale, Perkins Coie, Skadden Arps, and Latham & Watkins—some of which had previously been challenged by Trump-era executive orders—are among those named. Some reached compromises with the White House, offering pro bono legal work in exchange for eased scrutiny, while others fought and won legal challenges against the orders. The FTC’s scrutiny centers on participation in Diversity Lab’s voluntary DEI certification, which encourages firms to ensure at least 30% of leadership candidates are from underrepresented groups. Though previously upheld in court as non-discriminatory, the FTC now frames such collective DEI practices as potentially violating competition law.US Federal Trade Commission warns law firms about DEI hiring | ReutersImmigrant rights groups filed a federal lawsuit in Boston challenging a new U.S. Immigration and Customs Enforcement (ICE) policy that allows agents to enter homes without judicial warrants. The suit, brought by the Greater Boston Latino Network and the Brazilian Worker Center, targets a May 2025 memo—recently revealed via a whistleblower complaint—that permits ICE officers to use administrative warrants instead of warrants signed by a federal judge. These administrative forms, issued internally by the Department of Homeland Security, were previously insufficient for home entries under longstanding practice.The plaintiffs argue that using such warrants for home arrests violates the Fourth Amendment, which guards against unreasonable searches and seizures. Legal advocates claim the policy removes a crucial constitutional safeguard just as ICE ramps up enforcement tactics in states like Minnesota, where multiple recent actions have already been deemed unlawful by judges. The lawsuit comes after fatal incidents in Minneapolis during anti-ICE protests, intensifying scrutiny of federal immigration operations.ICE officials defend the policy, asserting that individuals subject to removal have already received due process. However, the lawsuit challenges that rationale, pointing out that due process does not override constitutional protections against warrantless home intrusions.Lawsuit challenges ICE ability to enter homes without warrants from US judges | ReutersFormer CNN anchor Don Lemon is facing federal charges over his role in covering a protest at a Minnesota church opposing President Trump’s immigration crackdown. The protest, which disrupted a church service in St. Paul on January 18, was livestreamed by Lemon and targeted the church because one pastor was allegedly also an ICE official. Lemon was arrested by the FBI, spent a night in custody, and appeared in court where he confirmed he plans to plead not guilty. He and six others, including independent journalist Georgia Fort, were indicted under laws prohibiting obstruction of access to houses of worship—a legal framework typically used against abortion clinic protests.Free press advocates and constitutional lawyers are raising concerns about the charges, framing them as part of a broader pattern of the Trump administration targeting critics, including journalists. Lemon’s attorneys argue this is a political prosecution meant to suppress press freedom and distract from ongoing crises. In the archived livestream, Lemon is seen documenting the protest rather than leading it, further fueling First Amendment concerns. The DOJ’s case hinges on a controversial interpretation of laws rarely, if ever, used to prosecute journalists for protest coverage after the fact. Legal experts say there is no clear precedent for the charges, and press freedom groups are warning of escalating threats to constitutional protections.Ex-CNN journalist Don Lemon faces Minnesota protest charges | 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