Minimum Competence

Andrew and Gina Leahey

Minimum Competence is your daily companion for legal news, designed to bring you up to speed on the day’s major legal stories during your commute home. Each episode is short, clear, and informative—just enough to make you minimally competent on the key developments in law, policy, and regulation. Whether you’re a lawyer, law student, journalist, or just legal-curious, you’ll get a smart summary without the fluff. A full transcript of each episode is available via the companion newsletter at www.minimumcomp.com. www.minimumcomp.com

  1. Legal News for Tues 12/23 - CFPB Funding Fights, Trump DEI Crackdown Hits Limits, Mercedes $120m Settlement and IRS VDP Reform

    4D AGO

    Legal News for Tues 12/23 - CFPB Funding Fights, Trump DEI Crackdown Hits Limits, Mercedes $120m Settlement and IRS VDP Reform

    This Day in Legal History: Federal Reserve Act On December 23, 1913, President Woodrow Wilson signed the Federal Reserve Act into law, creating the Federal Reserve System, the central banking system of the United States. The law was the culmination of decades of debate over banking reform, intensified by the financial panic of 1907. The Act aimed to provide the country with a safer, more flexible, and more stable monetary and financial system. It established twelve regional Federal Reserve Banks overseen by a central Board in Washington, D.C., striking a balance between public oversight and private banking interests. The Federal Reserve was given key powers, including the ability to issue Federal Reserve Notes (now the dominant form of U.S. currency), regulate banks, and serve as a lender of last resort during financial crises. This marked a significant shift from the fragmented and largely unregulated banking environment of the 19th century. Critics feared it concentrated too much financial power in the hands of a few, while supporters believed it brought necessary structure and national oversight. Over the decades, the Fed’s role expanded, especially during the Great Depression, World War II, and more recently the 2008 financial crisis and COVID-19 pandemic. The creation of the Fed also represented a broader legal evolution in how the federal government engaged with economic policy. A coalition of 21 Democratic-led states and the District of Columbia has filed a lawsuit in federal court in Oregon to prevent the Trump administration from defunding the Consumer Financial Protection Bureau (CFPB). The states argue that the administration’s decision to stop requesting funds from the Federal Reserve is unlawful and undermines Congress’s constitutional authority. Since returning to office in January, President Trump has taken steps to dismantle the CFPB, including appointing his budget director, Russell Vought, as acting head and halting most agency operations. The CFPB was created in 2011 to safeguard consumers in the financial sector and has recovered over $21 billion for Americans. It is uniquely funded directly by the Federal Reserve rather than through Congressional appropriations. The administration claims the Dodd-Frank Act requires the CFPB’s funding to come from the Fed’s combined earnings, which they argue are unavailable due to the Fed operating at a loss since 2022. The lawsuit highlights that the CFPB is legally required to process consumer complaints from states, and without funding, it cannot fulfill this duty. Plaintiffs also contend that the administration’s move violates the separation of powers by interfering with a congressionally established funding mechanism. Additional lawsuits from a federal employee union and nonprofits are pending in other courts, also seeking to compel the agency to resume funding requests. Democratic-led states sue to block US consumer watchdog’s defunding under Trump | Reuters A new push by the Trump administration to challenge corporate diversity, equity, and inclusion (DEI) initiatives through the Equal Employment Opportunity Commission (EEOC) faces steep legal hurdles. Under EEOC Chair Andrea Lucas, the agency is shifting toward what she calls a more “conservative view of civil rights,” focusing on potential discrimination against white men. Lucas has announced plans to investigate corporate DEI policies and pursue enforcement where race- or sex-based decisions are suspected. However, legal experts emphasize that proving such claims is difficult. Discrimination cases require clear evidence that someone was denied a job or benefit specifically because of their race or sex, not just because they were part of a changing applicant pool. Critics argue that the administration’s narrative misunderstands the legal and practical realities of workplace diversity, which is often designed to prevent discrimination, not perpetuate it. Despite aggressive executive orders targeting DEI, many companies are maintaining or quietly adjusting their programs to remain compliant. Legal audits and program rebranding are common, especially in industries like automotive. DEI advocates point out that the business case for inclusion remains strong, as companies see diverse teams as essential to long-term success. Ultimately, while the administration’s rhetoric may galvanize parts of its base, experts say turning that rhetoric into enforceable legal action will be difficult under existing anti-discrimination laws. Trump’s anti-corporate DEI campaign faces high legal hurdles | Reuters Mercedes-Benz has agreed to pay $120 million to settle environmental and consumer protection claims brought by multiple U.S. states over its use of emissions-cheating software in certain diesel vehicles. The settlement resolves the remaining U.S. legal actions tied to the broader Dieselgate scandal, which has affected several automakers. The claims focused on Mercedes’ BlueTEC diesel models, which were previously marketed as especially clean and advanced. As part of the agreement, Mercedes will continue retrofitting affected vehicles with approved emissions software. These additional updates are expected to cost the company tens of millions more. However, the company stated that its financial results won’t be impacted, as it had already set aside sufficient funds to cover the settlement and associated costs. Mercedes reaches $120 million settlement with US states over emissions scandal | Reuters In my column for Bloomberg this week, I argue that the IRS has a rare opportunity to repair its deeply flawed Voluntary Disclosure Program (VDP), which has become so punitive and complex that it actively discourages taxpayers from coming forward. While the program is supposed to help bring people back into compliance, its current structure demands that taxpayers essentially confess to wrongdoing—sometimes criminal—in a sworn statement, without any assurance the IRS will even consider their disclosure. Recent proposed reforms introduce a more structured penalty system and eliminate the notorious “willfulness checkbox” from Form 14457, a small but significant change that previously forced taxpayers to admit to criminal conduct just to apply. Still, the process remains risky. The IRS continues to require extensive narratives of past noncompliance, and for taxpayers with crypto assets, the demands are even greater: wallet addresses, transaction hashes, and mixer use must all be disclosed upfront. That level of technical and legal exposure could deter even well-meaning taxpayers. I argue the IRS must go further. It should offer flexible payment options—like installment agreements or offers in compromise—and abandon its rigid “pay-in-full” approach. It should also adopt a tiered penalty framework that accounts for intent, scale, and the evolving complexity of assets like cryptocurrency. Finally, the IRS needs to delay the most invasive digital asset reporting until after a taxpayer has been preliminarily accepted into the program, rather than forcing exhaustive disclosures at the outset. Without deeper changes, the VDP risks continuing as a trapdoor rather than a lifeline—one that punishes honesty and rewards silence. The current moment of public review is the best chance to realign the program with its original purpose: restoring compliance, not burying it. The IRS Has a Chance to Fix Its Voluntary Disclosure Program 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

    7 min
  2. 5D AGO

    Legal News for Mon 12/22 - 2026 Immigration Crackdowns Coming, Federal Judge Blocks HUD Changes, Skadden Arps as Trump's $100m Lap Dog

    This Day in Legal History: Bernhard Goetz On this day in legal history, December 22, 1984, Bernhard Goetz shot and wounded four young Black men—Troy Canty, Barry Allen, Darrell Cabey, and James Ramseur—on a New York City subway train. Goetz, who was white, claimed the men had attempted to rob him and that he acted in self-defense. The case quickly became a national sensation, exposing deep racial fault lines in public discourse and in the justice system. Supporters hailed Goetz as a vigilante hero responding to unchecked urban crime, while critics denounced his actions as racially motivated violence that reinforced systemic bias. Goetz fled the scene but turned himself in nine days later. During the investigation, he told police that he had intended to kill the men and expressed explicitly racist sentiments, calling them “savages.” Despite this, a grand jury initially refused to indict him for attempted murder, charging him only with criminal possession of a weapon. After public outcry, a second grand jury indicted him on multiple counts, including attempted murder and assault. In his 1987 trial, however, Goetz was acquitted of all charges except for illegal firearms possession. The verdict underscored how race and fear influenced perceptions of self-defense and victimhood. The jury accepted Goetz’s narrative of fear despite his own admission of intent and inflammatory language. The case highlighted the elasticity of self-defense laws, especially when invoked by white defendants against Black victims. It also foreshadowed later debates in high-profile cases where racial bias intersected with claims of justified force. Goetz ultimately served just over eight months in jail. Darrell Cabey, left paralyzed by the shooting, later won a $43 million civil judgment against him—a sum Goetz claimed he could never pay. The case remains a stark example of how legal standards of justification can mask broader social inequities. President Trump is preparing to expand immigration enforcement in 2026 with a significant boost in funding and more aggressive tactics, including a renewed focus on workplace raids. Despite growing political backlash, Trump plans to hire thousands of new agents, expand detention centers, and partner with private companies to track undocumented immigrants. His administration has already deployed federal agents to major cities, sparking protests over the use of tear gas, extrajudicial tactics, and the detention of U.S. citizens. ICE and Border Patrol are set to receive $170 billion through 2029, a massive increase over their current annual budgets. Miami recently elected its first Democratic mayor in decades, with voters citing Trump’s immigration policies as a motivating factor. While Trump continues to frame his crackdown as targeting criminals, government data shows a large portion of recent ICE arrests have involved individuals with no criminal record beyond immigration violations. Trump has also moved to strip temporary protections from hundreds of thousands of immigrants and aims to deport one million people annually, although he’s likely to fall short of that target. Legal immigrants haven’t been spared either—some have been detained during green card interviews or had their naturalization ceremonies interrupted. The administration’s new workplace-focused approach could strain the economy, especially in industries reliant on immigrant labor, raising concerns about inflation and employer backlash. Critics argue the crackdown undermines due process and civil liberties, militarizes communities, and disproportionately targets people of color. As enforcement expands, business groups may be forced to respond more vocally, especially if employer raids disrupt operations. Trump’s overall approval on immigration has dropped sharply since March, suggesting growing public discomfort with the scope and style of enforcement. Trump set to expand immigration crackdown in 2026 despite brewing backlash | Reuters A federal judge has blocked the Trump administration from implementing new restrictions on over $3 billion in federal grants that support housing and services for homeless individuals. U.S. District Judge Mary McElroy issued a preliminary injunction after finding that the Department of Housing and Urban Development’s (HUD) planned changes to the Continuum of Care program likely violated the McKinney-Vento Act, which mandates a focus on stable, permanent housing for vulnerable populations. The lawsuit was brought by 20 mostly Democratic-led states, Washington, D.C., and a coalition of nonprofits and local governments. Plaintiffs argued that HUD’s proposed changes would endanger the housing of around 170,000 people, including families, veterans, and survivors of domestic violence—particularly concerning as winter sets in. McElroy, a Trump appointee, emphasized the public interest in upholding lawful agency action and maintaining stability for at-risk groups. The Trump administration had sought to move away from the long-standing “housing-first” model, which provides housing without preconditions like sobriety or employment, and instead proposed work requirements and transitional housing. HUD also attempted to ban funding for services related to diversity, gender identity, and abortion, while aligning programs with its immigration enforcement efforts. Critics viewed the move as a politically motivated attempt to reshape federal homelessness policy, while the judge noted HUD’s last-minute changes to its own policy appeared strategic and disruptive to legal proceedings. Despite the ruling, HUD stated it remains committed to reforming the program “in accordance with the law.” US judge blocks Trump administration from altering homelessness funding conditions | Reuters David O’Keefe, a retired Manhattan prosecutor, has filed a federal lawsuit against New York City and Brookfield Properties, claiming he was unlawfully arrested while protesting outside the Manhattan offices of the law firm Skadden Arps. The protest took place in April 2025 in a privately owned public space (POPS), where O’Keefe staged a solo demonstration criticizing Skadden’s agreement to provide $100 million in pro bono legal services for initiatives backed by President Donald Trump. He alleged the firm’s involvement threatened the rule of law. According to the complaint, O’Keefe was arrested for trespassing after refusing to leave the plaza, detained for 90 minutes, and later had the charge dismissed. His lawsuit seeks not only damages but also a court ruling affirming that First Amendment rights apply in POPS—publicly accessible spaces maintained by private owners in exchange for zoning benefits. His legal team argues the arrest violated his constitutional rights and aims to clarify protections for protest in such hybrid public-private areas. Skadden is not named as a defendant and has not commented. The firm was one of several major law firms that agreed to work with the Trump administration following the president’s efforts to pressure the legal industry over prior political affiliations and diversity practices. A photo included in the suit shows O’Keefe holding a sign labeling Skadden “Trump’s $100 million lap dog.” Ex-prosecutor sues over arrest while protesting law firm Skadden’s deal with Trump | 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

    7 min
  3. DEC 19

    Legal News for Fri 12/19 - Trump Takes Aim at Green Card Lottery, ICE Blocking Judge Convicted, Epstein File Drama and No Tax on Car Loans is Bogus

    This Day in Legal History: Entrapment as Defense On December 19, 1932, the U.S. Supreme Court decided Sorrells v. United States, a case that reshaped how American courts evaluate government conduct in criminal investigations. The case involved a Prohibition-era prosecution in which a federal agent repeatedly pressured the defendant to obtain illegal liquor. The Court held that criminal convictions should not stand when the government induces a crime that the defendant was not otherwise predisposed to commit. This decision formally recognized entrapment as a valid defense under federal law. Rather than focusing only on the defendant’s actions, the Court emphasized the importance of limiting improper law enforcement tactics. The majority opinion reasoned that Congress could not have intended criminal statutes to be enforced through deception that manufactures crime. As a result, courts were instructed to examine whether the criminal intent originated with the government or the accused. The ruling reflected growing concern about aggressive policing methods during Prohibition. Over time, Sorrells became a foundational case cited whenever defendants challenge undercover operations. The decision also highlighted the judiciary’s role in supervising executive conduct in criminal prosecutions. The Trump administration has suspended the Diversity Immigrant Visa Program—commonly known as the green card lottery—following two high-profile campus attacks. Homeland Security Secretary Kristi Noem announced the move, stating that the suspect in the fatal shootings of a Brown University student and an MIT professor had entered the U.S. through the program. The shooter, Claudio Manuel Neves Valente, a 48-year-old Portuguese national and former Brown student, was found dead in an apparent suicide. Noem said the pause is necessary to prevent further harm from what she called a “disastrous program.” The lottery program, which grants up to 50,000 green cards annually, has long been a target of Trump’s immigration agenda, which links violent incidents to immigration policy failures. This suspension follows earlier actions by the administration, including visa restrictions after a separate shooting by an Afghan national and a proposal to impose a $100,000 application fee for H-1B work visas, which are heavily used in the tech industry. Trump’s broader immigration crackdown also includes enhanced social media vetting for tourists, expanded ICE operations in major cities, and the development of large-scale immigration detention centers known as “mega centers.” These moves align with Trump’s campaign promises to tighten border controls and execute large-scale deportations. Trump Suspends US Green Card Lottery After Brown, MIT Attacks Trump administration officials are scrambling to meet a Friday deadline to release a large cache of documents related to the Justice Department’s investigations into Jeffrey Epstein. The release was mandated by a recently passed law, supported by both parties in Congress, following months of political pressure and public frustration over the administration’s resistance to transparency. Though President Trump initially opposed the legislation, he reversed course shortly before the vote amid growing dissent from his own supporters. The new law permits the Justice Department to withhold certain details, including victims’ identities and information tied to ongoing investigations. Attorneys in the department’s National Security Division have been racing to redact sensitive data, raising internal concerns about the risk of mistakes, especially regarding private information. The tight timeline has disrupted other DOJ casework since Thanksgiving. Trump’s handling of the Epstein matter has dented his support among Republicans, with only 44% approving of his actions, according to a recent Reuters/Ipsos poll. This contrasts sharply with his broader 82% approval within the party. Critics argue that Trump’s past friendship with Epstein and his failure to follow through on a 2024 campaign promise to declassify the records have fueled suspicions of a cover-up. While Trump has denied knowledge of Epstein’s crimes and has not been accused of wrongdoing, past email disclosures have added to the controversy. As more emails emerge—some implying Trump’s involvement, others suggesting no direct misconduct—the administration has tried to redirect attention toward figures like Bill Clinton and JPMorgan. But with midterms approaching, the Epstein file release may remain a political liability. Trump administration officials race to meet Friday deadline for Epstein files | Reuters Wisconsin Judge Hannah Dugan was found guilty of obstructing a federal proceeding for aiding a migrant in avoiding an immigration arrest at the courthouse, marking a significant legal win for the Trump administration’s intensified immigration enforcement efforts. The jury acquitted Dugan on a lesser charge of concealing a person from arrest but convicted her on the more serious obstruction count. The case is part of a broader Justice Department campaign targeting local officials accused of interfering with Immigration and Customs Enforcement (ICE) operations. Prosecutors alleged that in 2023, Dugan helped Mexican national Eduardo Flores-Ruiz, who faced domestic violence charges, avoid a planned ICE arrest by rerouting him and his lawyer through a restricted exit after confronting ICE agents stationed near her courtroom. Dugan, a former head of Catholic Charities and longtime legal aid attorney, argued she was following internal court policies meant to manage ICE activity in courthouses, especially after prior arrests caused confusion and concern. Flores-Ruiz was ultimately arrested outside the courthouse after a brief chase. The Justice Department framed the case as a message that even judges are not above the law when it comes to obstructing federal immigration enforcement. Critics, however, view courthouse arrests as damaging to the legal system’s integrity, potentially deterring vulnerable individuals from seeking legal protection. Judge found guilty of obstructing arrest in Trump immigration crackdown | Reuters In a piece I wrote for Forbes earlier this week, I take down yet another One Big Beautiful Bill Act tax “reform” that, upon closer examination, isn’t as great a deal as it may first seem. Starting in 2025, a new federal tax deduction allows taxpayers to deduct up to $10,000 in interest on qualifying new car loans—but only under strict conditions. The car must be newly purchased (not leased or used), assembled in the U.S., and not used for business purposes. The deduction phases out for individuals earning over $100,000 and joint filers over $200,000, narrowing its reach to a slim demographic of middle- to upper-middle-income earners. While promoted as consumer relief amid high car prices and interest rates, critics argue it’s a veiled subsidy for automakers, not a meaningful economic benefit for struggling Americans. The policy resembles the mortgage interest deduction, which has long been criticized for inflating home prices and disproportionately benefiting wealthier borrowers. Similarly, this car loan deduction doesn’t lower car costs—it subsidizes borrowing, pushing consumers toward pricier new vehicles and encouraging debt accumulation. The IRS will also gain new data from lenders, who must now report annual interest paid, further expanding government oversight. Despite the flashy $10,000 cap, few borrowers will come close to that threshold. A typical new car loan might yield only a $600 annual tax benefit—negligible compared to high monthly payments and rapid depreciation. Rather than meaningful relief, the policy appears to be more of a political gesture, using tax code tweaks to create the illusion of support while primarily serving industry interests. ‘No Tax On Car Loan Interest’—Tax Reform Or Facade? This week’s closing theme is by Louis-Nicolas Clérambault. This week’s closing theme comes from Clérambault, a French Baroque composer born on December 19, 1676, whose music captures the elegance and structure of early 18th-century Paris. Clérambault is best known today for his sacred cantatas and his refined works for keyboard and chamber ensemble. He spent much of his career as an organist, serving at prominent Paris churches and developing a style that balanced expressive melody with formal clarity. His music reflects the French taste for ornamentation while remaining grounded and disciplined. The piece featured here is Suite du premier ton: V. Basse et Dessus de Trompette, presented in a complete performance. This movement highlights the contrast between a strong bass line and a bright, trumpet-like upper voice, a hallmark of French Baroque color and texture. Rather than showcasing virtuosity for its own sake, the music emphasizes balance and conversation between parts. The result is confident and ceremonial, yet never overstated. As a closing theme, this work offers a sense of order and resolution, bringing the week to a measured and dignified close. Clérambault’s writing reminds us that Baroque music was as much about structure and purpose as it was about beauty. His music endures because it is clear, expressive, and carefully crafted. Ending the week with this piece is a quiet nod to tradition, discipline, and lasting musical craft. Without further ado, Louis-Nicolas Clérambault’s Suite du premier ton: V. Basse et Dessus de Trompette–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

    11 min
  4. DEC 18

    Legal News for Thurs 12/18 - Courts Block Trump CFPB Firings, Doctors Sue RFK Jr. HHS Over Vaccines, DC Guard Deployment Remains and Trump Ballroom Moves Forward

    This Day in Legal History: Trump Impeached On December 18, 2019, the U.S. House of Representatives voted to impeach President Donald J. Trump, marking the third presidential impeachment in American history. The impeachment followed a months-long investigation centered on Trump’s dealings with Ukraine. House Democrats alleged that the president abused the powers of his office by pressuring a foreign government to investigate a political rival. A second article charged Trump with obstruction of Congress for directing executive branch officials not to comply with House subpoenas. The votes largely split along party lines, reflecting deep political polarization. Impeachment itself did not remove Trump from office, but instead formally accused him of constitutional wrongdoing. Under the Constitution, the House holds the sole power of impeachment, functioning similarly to a grand jury. Once impeached, the process shifted to the Senate, which is responsible for conducting a trial. Chief Justice John Roberts later presided over the Senate proceedings, as required when a president is tried. The Senate ultimately acquitted Trump in February 2020, falling short of the two-thirds vote needed for conviction. Despite the acquittal, the impeachment reinforced Congress’s oversight authority over the executive branch. The episode also highlighted ongoing debates about the limits of presidential power and the role of impeachment as a constitutional check. A federal appeals court in Washington reversed an earlier ruling that would have allowed the Trump administration to move forward with mass firings at the Consumer Financial Protection Bureau (CFPB). Sitting as a full bench, the court blocked plans to cut as much as 90% of the agency’s workforce and agreed to rehear the administration’s appeal of a lower court order that had paused efforts to dismantle the bureau. As a result, the administration remains temporarily barred from gutting the agency while litigation continues. The legal fight has stretched on for months, during which the CFPB has been largely sidelined. Congress originally created the CFPB after the 2008 financial crisis to protect consumers from unfair, deceptive, and abusive practices by banks, lenders, and other financial companies. Its mission includes enforcing federal consumer financial laws and preventing the kinds of predatory conduct that helped trigger the financial collapse. Supporters of the agency, including Senator Elizabeth Warren, praised the ruling as necessary to shield families from financial harm. Critics within the Trump administration have argued the CFPB is politically motivated (as protecting consumers from predatory financial practices is political, apparently) and should be eliminated, though they have also claimed in court that some version of the agency would remain. Complicating matters further, the CFPB faces a funding dispute over whether it can draw money from the Federal Reserve, raising concerns that it could run out of operating funds. US appeals court tosses decision allowing Trump mass firings at consumer bureau | Reuters Full DC Circuit Will Review Trump’s Bid to Dismantle CFPB (2) A group of leading medical organizations asked a federal judge to allow their lawsuit challenging vaccine policy changes under Health Secretary Robert F. Kennedy Jr. to move forward. The groups argue that recent actions by Kennedy and the Department of Health and Human Services will reduce vaccination rates and endanger public health. They point to a directive removing COVID-19 vaccine recommendations for pregnant women and children without advance notice or explanation. The lawsuit also challenges Kennedy’s decision to dismiss 17 experts from a CDC advisory panel and replace them with members more aligned with his views. That reconstituted panel later voted to scale back broad vaccine recommendations, including limiting COVID-19 shots to shared decision-making with doctors and eliminating universal recommendations for certain childhood vaccines. The plaintiffs claim the panel was unlawfully reshaped in violation of federal law requiring advisory committees to be balanced and free from improper influence. Government lawyers argue the medical groups lack standing because the CDC’s guidance merely advises consultation with doctors and does not directly harm them. The plaintiffs counter that they have been injured by having to divert resources to help doctors navigate confusing and abrupt policy shifts. The judge indicated skepticism toward the government’s standing argument, particularly in light of statements suggesting doctors could face liability for deviating from CDC guidance. A ruling on whether the case can proceed is expected before a scheduled January hearing. US medical groups urge judge to allow challenge to Kennedy-backed vaccine policies to proceed | Reuters A federal appeals court allowed President Donald Trump’s deployment of National Guard troops in Washington, D.C., to remain in place while legal challenges continue. A three-judge panel said the administration was likely to succeed in defending the deployment, temporarily blocking a lower court order that would have ended it. The ruling gives Trump an interim victory as he claims broad authority to use troops for domestic law enforcement. The deployment began earlier in the year and expanded after two Guard members were shot near the White House. The judges emphasized that Washington, D.C.’s unique status—because it is not a state—strengthens presidential authority there. District officials who sued to stop the deployment said the decision is preliminary and does not resolve the underlying legal questions. The White House praised the ruling as confirmation of the president’s lawful powers and credited the deployment with improving public safety. The case comes amid broader disputes over Trump’s efforts to deploy troops in several major cities despite objections from local and state leaders. Lower courts have generally been skeptical of those efforts, rejecting claims that protests against federal immigration enforcement qualify as rebellions. The Supreme Court is widely expected to weigh in on the scope of presidential power in this area. US appeals court says Trump’s National Guard deployment in DC may continue | Reuters Trump’s DC Troop Deployment Gets Extension From US Appeals Court A federal judge allowed President Donald Trump to continue work on a proposed White House ballroom, rejecting an emergency request from preservation advocates to immediately halt the project. The judge ruled that the National Trust failed to show imminent, irreparable harm that would justify stopping construction at this early stage. However, he cautioned that the government may be required to reverse certain underground work if it ends up locking in a specific design. The project involves replacing the demolished East Wing with a large ballroom that would be significantly bigger than prior White House renovations. Trump has described the ballroom as a privately funded project and recently increased its estimated cost. Preservationists argue the administration moved forward without required public input and bypassed federal planning and design review processes. The government countered that the design is still in flux and that above-ground construction will not begin for several months. Relying on those representations, the judge found no immediate risk of irreversible aesthetic damage. He scheduled another hearing to reconsider whether the project should be paused as the lawsuit continues. For now, construction may proceed while the court reviews whether the administration complied with historic preservation and planning laws. Judge allows Trump’s ballroom project to proceed for now | 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

    7 min
  5. DEC 17

    Legal News for Weds 12/17 - A Judge Revisits Trump's Deportation Policy, Judge Thapar's Xenophobia as "Constitutional Theory," and a $500m Avatar Suit

    This Day in Legal History: Project Blue Book Ends On this day in legal history, December 17, 1969, the U.S. Air Force officially terminated Project Blue Book, its two-decade-long investigation into unidentified flying objects (UFOs). Launched in 1952 during a peak in UFO sightings and Cold War anxiety, Project Blue Book reviewed over 12,000 reports of aerial phenomena. The Air Force concluded that most sightings could be explained by natural phenomena, aircraft, or hoaxes, and found no evidence of extraterrestrial activity or threats to national security. With its closure, the government effectively stepped back from public-facing UFO investigations, although some believe military interest continued behind closed doors. Legally, the end of Project Blue Book catalyzed decades of litigation and Freedom of Information Act (FOIA) requests, as citizens, journalists, and researchers sought access to government-held UFO data. The skeptical legal view has often emphasized that classified information typically relates to military technology or surveillance programs, not alien spacecraft. Despite popular culture’s fixation on extraterrestrials, courts have routinely deferred to executive branch claims of national security in resisting full transparency. While the project’s conclusion did not trigger direct legislation, it helped shape a legal culture around government secrecy, classification standards, and the public’s right to know. It also fueled persistent legal tension between conspiratorial narratives and evidentiary standards. As UFOs—now reframed as “unidentified anomalous phenomena” (UAPs)—have resurfaced in congressional hearings in recent years, Blue Book remains a touchstone for the limits of disclosure and the enduring gap between public curiosity and provable claims. Skepticism remains warranted: decades later, no clear evidence has emerged to support the claim of extraterrestrial contact—despite tens of thousands of pages released and re-litigated under FOIA. U.S. District Judge Brian Murphy in Boston expressed openness to again striking down a Trump policy that allows for the rapid deportation of migrants to third countries without meaningful notice or an opportunity to raise fears of persecution or torture. The case challenges Department of Homeland Security (DHS) policies that permit deportation to countries other than a migrant’s country of origin, often with as little as six hours’ notice. Judge Murphy had previously issued an injunction in April to halt such deportations, arguing they violated due process, but the Supreme Court paused that order in June via its “shadow docket” without providing detailed reasoning. Despite acknowledging the likely involvement of the Supreme Court again, Murphy indicated that he may still rule on the merits of the case, though any decision would likely be temporarily stayed. The lawsuit, a class action, targets a DHS memo from March and guidance from July that permits deportations based on “credible” diplomatic assurances. Plaintiffs argue these policies fall short of constitutional protections, while the Justice Department insists migrants already have opportunities to raise objections during proceedings. The judge criticized the lack of clarity from the Supreme Court’s earlier intervention and emphasized the importance of due process in removal proceedings. US judge open to again striking down Trump policy on third-country deportations | Reuters A Trump-appointed federal appeals court judge has argued that constitutional rights do not extend to immigrants who entered the United States unlawfully, a position he laid out in a partial dissent in a Second Amendment case. Sixth Circuit Judge Amul Thapar agreed with upholding a federal ban on firearm possession by undocumented immigrants but rejected the majority’s reasoning. Instead, he argued the case should have been resolved by declaring that only U.S. citizens are included in “the people” protected by the Constitution. Thapar relied heavily on the Constitution’s preamble and an originalist reading of history, asserting that the Founders never intended constitutional protections to apply to non-citizens, especially those unlawfully present. The majority opinion rejected that framing, pointing to Supreme Court precedent recognizing that non-citizens who develop substantial connections to the country may invoke constitutional rights. Thapar went further, suggesting that even the First and Fourth Amendments were not originally meant to protect non-citizens. The case arose from a challenge by a Guatemalan national convicted of unlawfully possessing firearms, but Thapar’s reasoning reached far beyond gun regulation. His dissent echoes arguments long advanced by the Trump administration and aligns with his status as a former Trump Supreme Court shortlist candidate. From my perspective, this is a racist, xenophobic, and profoundly ahistorical take that threatens to usher in a shameful new era of American jurisprudence. It reflects either a fundamental misunderstanding of constitutional law or a wanton, careerist obsequiousness to Trumpism, delivered with the unmistakable tone of someone auditioning for a Supreme Court seat while extolling the flavor of boot. Judge Thapar is an embarrassment to the bench. Judge Thapar’s theory represents a fundamental shift away from the traditional understanding of constitutional rights as inherent and inalienable—that is, rights present in every individual that the government is bound to respect, not rights it doles out at its discretion. By asserting that non-citizens, especially those here unlawfully, are not part of “the people” and therefore not entitled to constitutional protections, Thapar effectively treats these rights as government-bestowed privileges rather than limits on state power–that should frighten citizens, as well. But if rights are inherent, as our legal tradition holds, and yet non-citizens don’t possess them, the implication is clear: they are being denied not because of legal status, but because of a presumed inferiority. That’s not a theory of constitutional law—it’s a supremacist framework gussied up in originalist language. Trump-appointed judge argues US Constitution’s rights do not extend to non-citizens | Reuters 3-D animator Eric Ryder filed a copyright infringement lawsuit in California federal court against Disney and director James Cameron, alleging that the 2022 film Avatar: The Way of Water copied substantial elements from his science fiction story KRZ. Ryder claims he collaborated with Cameron’s Lightstorm Entertainment in the late 1990s on developing a film based on KRZ, and that key features of Avatar 2—including anthropomorphic beings, a vast oceanic world, and an exploitative Earth corporation mining a moon called Europa—mirror those from his work. Ryder previously sued over the first Avatar film in 2011, but that case was dismissed when a California state court ruled Cameron had created Avatar before Ryder submitted his material. Ryder insists this new case is not an attempt to relitigate the past, but rather to address new alleged acts of copying specific to The Way of Water, such as the central plot point involving an animal-based substance that extends human life, which he says did not appear in the original Avatar. Ryder is seeking at least $500 million in damages and a court order to block the release of the upcoming Avatar 3: Fire and Ash. His lawyer described the alleged copying as “blatant and egregious.” Disney and Lightstorm have not yet commented publicly on the lawsuit. Disney, James Cameron sued for copyright infringement over ‘Avatar’ | 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

    7 min
  6. DEC 16

    Legal News for Tues 12/16 - No Tax on Overtime is Bogus, Trump's $10b Lawsuit, Law School Enrollment Way Up, Ball Room Court Fight and SNAP Deadline Ruling

    This Day in Legal History: West Coast Hotel On December 16, 1936, the US Supreme Court heard oral arguments in West Coast Hotel Co. v. Parrish, a case that would become a cornerstone in constitutional law and mark a significant turning point in the Court’s approach to economic regulation. At issue was the constitutionality of Washington State’s minimum wage law for women, which had been challenged by the West Coast Hotel Company after Elsie Parrish, a maid, sued for back wages. The case arrived during a period when the Court had consistently struck down New Deal-era economic regulations, relying on a broad interpretation of “freedom of contract” under the Due Process Clause of the Fourteenth Amendment. Earlier cases like Lochner v. New York had enshrined a judicial skepticism toward government interference in labor and wage arrangements. However, in Parrish, the Court’s posture shifted. The eventual decision, handed down in 1937, upheld the minimum wage law, effectively signaling the end of the so-called Lochner era. The majority reasoned that the state had a legitimate interest in protecting the health and well-being of workers, particularly vulnerable low-wage employees. Justice Owen Roberts, who had previously sided with the Court’s conservative bloc, voted with the majority—his move later came to be known as “the switch in time that saved nine,” as it followed President Roosevelt’s controversial proposal to expand the Court. The decision validated broader governmental authority to regulate the economy, and it cleared the path for many New Deal policies to take root. It also marked a recalibration in the balance between individual economic liberty and the public interest. West Coast Hotel remains a landmark case in US constitutional history, exemplifying how judicial interpretation can evolve in response to changing social and economic realities. The 2025 tax-and-spending law introduced an overtime tax deduction that was billed as relief for overworked, working-class Americans. But the reality shaping up for the 2026 filing season is far more complicated—and far less beneficial—than its political framing suggested. The deduction does not exempt overtime pay from taxation; instead, it offers a narrow, post-withholding deduction that workers must calculate themselves, often without support from their employers or sufficient guidance from the IRS. The structure of the deduction is flawed: it only applies to the “half” portion of time-and-a-half pay and is capped at $12,500. For lower-wage workers to take full advantage, they must clock extraordinary amounts of overtime—something not feasible for many. Meanwhile, employers are actively disincentivized from helping employees understand or claim the benefit. If they report eligibility and make an error, they could face legal penalties, while doing nothing carries no risk. The system thus favors inaction and leaves employees to fend for themselves. Without clear W-2 guidance or safe harbor rules, the deduction becomes accessible primarily to those with tax professionals or payroll tools—functioning as a quiet subsidy for the well-advised. For others, it’s a bureaucratic maze with limited reward. To prevent administrative failure, the IRS should at least provide a legal safe harbor for employers and model W-2 language. A more ambitious fix would be a flat-rate standard deduction for eligible workers, reducing complexity. Until then, this “relief” policy punishes transparency, discourages compliance, and places the greatest burden on those with the fewest resources. Trump Overtime Tax Break More a Political Tagline Than Tax Relief Donald Trump filed a lawsuit in federal court in Miami seeking up to $10 billion in damages from the BBC, alleging defamation and violation of Florida’s unfair trade practices law. The suit stems from an edited segment in a BBC Panorama documentary that combined parts of Trump’s January 6, 2021 speech—specifically his calls to “march on the Capitol” and to “fight like hell”—while omitting language where he encouraged peaceful protest. Trump claims the edit falsely portrayed him as inciting violence and caused substantial reputational and financial harm. The BBC had previously admitted to an error in editing, apologized publicly, and acknowledged the clip could give a misleading impression. However, the broadcaster argues that there is no legal basis for the lawsuit. UK officials have backed the BBC’s position, saying it has taken appropriate steps. Despite this, Trump’s legal team claims the broadcaster has shown no real remorse and continues to engage in what they describe as politically motivated misrepresentation. The documentary in question aired before the 2024 U.S. presidential election and triggered significant fallout for the BBC, including the resignations of its top two executives. While the program did not air in the U.S., it was available via BritBox—a BBC-controlled streaming service—and possibly distributed in North America through licensing deals with Canadian firm Blue Ant Media. Legal experts say Trump faces a high bar in U.S. courts under First Amendment standards. He must prove not only that the edited content was false and defamatory, but also that the BBC acted with actual malice or reckless disregard for the truth. The BBC may argue that the content was substantially accurate and did not materially harm Trump’s reputation. Other networks, including CBS and ABC, previously settled defamation claims with Trump after his 2024 election victory. Trump seeks up to $10 billion in damages from BBC over editing of January 6 speech | Reuters U.S. law school enrollment surged 8% in 2025, reaching a 13-year high with 42,817 first-year students, according to new data from the American Bar Association. The increase follows an 18% rise in law school applicants and continues a multi-year upward trend, fueled by a mix of economic uncertainty, political intensity, and a growing interest in legal careers. The sluggish job market for college graduates, coupled with the centrality of legal issues during Donald Trump’s second presidential term, has contributed to renewed interest in law degrees. A significant number of prospective students also cited personal and social motivations. A survey of 15,000 LSAT takers found rising interest in using law degrees to “help others” and “advocate for social justice,” with both reasons seeing double-digit percentage increases over last year. The pool of LSAT test-takers has grown as well, signaling likely continued enrollment growth in 2026. Some elite law schools, including Harvard, enrolled their largest first-year classes in over a decade. However, the long-term outlook remains uncertain. Legal employment has been strong in recent years, with the class of 2024 posting record job placement, but experts warn that advances in artificial intelligence could reduce demand for new associates—particularly at large firms offering high salaries. Smaller sectors like government and public interest law may struggle to absorb excess graduates if hiring slows. US job market, politics fuel 8% surge in law school enrollment | Reuters Donald Trump’s controversial plan to build a $300 million, 90,000-square-foot ballroom on the White House grounds is facing its first legal challenge in federal court. The National Trust for Historic Preservation has sued Trump and several federal agencies, alleging that the demolition of the East Wing to make way for the ballroom violated multiple preservation laws and bypassed required reviews. The group is seeking a temporary restraining order to halt ongoing construction, citing irreversible damage to the historic structure. Since returning to office in January, Trump has made high-profile aesthetic changes to the White House, including installing gold accents in the Oval Office and converting the Rose Garden lawn into a patio modeled after Mar-a-Lago. But the scale and visibility of the ballroom project has drawn particularly intense criticism, especially as heavy machinery was seen dismantling the 120-year-old East Wing. The lawsuit argues that no president, including Trump, has the unilateral authority to alter protected parts of the White House without following procedures involving public input and reviews by agencies like the National Capital Planning Commission and the Commission of Fine Arts. The administration defended the project as lawful, citing historical precedent and presidential authority to modify the executive residence. It emphasized that above-ground construction was not scheduled to begin until April, rendering emergency relief unnecessary. Still, the National Trust contends that public consultation and proper approvals are not optional and must be upheld regardless of the project’s timeline or presidential status. Trump’s $300 million White House ballroom makeover faces day in court | Reuters A federal judge has ruled that the U.S. Department of Agriculture (USDA) must extend the deadline for states to implement new immigration-related restrictions on food aid benefits under the Supplemental Nutrition Assistance Program (SNAP). The decision, issued by U.S. District Judge Mustafa Kasubhai in Oregon, came in response to a lawsuit brought by 21 Democratic-led states and the District of Columbia. The states argued they were not given adequate time or clarity to comply with the new rules, which were tied to President Donald Trump’s domestic policy legislation passed in July. The USDA had initially set a November 1 deadline for states to comply with the restrictions, which limit SNAP benefits to U.S. citizens and lawful permanent residents. However, the guidance issued on October 31 created confusion by implying that some lawful residents—such as those who entered the U.S. as asylees or refugees—were ineligible, contrary to what the law allowed. The USDA later revised the gu

    10 min
  7. DEC 15

    Legal News for Mon 12/15 - Judge on Trial over ICE Obstruction, CA Suing Trump Admin Over Trucker Language Rules, Setback for DOJ in Comey Case and $40m Verdict in J&J Trial

    This Day in Legal History: Bill of Rights Ratified On December 15, 1791, the Bill of Rights was officially ratified, marking a foundational moment in American legal history. With Virginia becoming the crucial eleventh state to approve the measure, the first ten amendments to the U.S. Constitution achieved the three-fourths majority required for adoption. These amendments were crafted in response to fears that the newly formed federal government might trample on individual freedoms, a concern strongly voiced by the Anti-Federalists during the Constitution’s ratification debates. Drafted primarily by James Madison, the Bill of Rights was intended to secure essential civil liberties and limit government power. The amendments enshrine core protections such as freedom of speech, religion, and the press, the right to bear arms, and safeguards against unreasonable searches and seizures. They also provide important rights to those accused of crimes, including the right to a fair trial, protection against self-incrimination, and freedom from cruel and unusual punishment. At the time, these provisions applied only to the federal government, but their scope was later expanded through the Incorporation Doctrine using the Fourteenth Amendment. The ratification of the Bill of Rights represented a political compromise but ultimately became a defining element of American constitutional identity. Over the centuries, courts have invoked these amendments in countless rulings, from free speech cases to gun rights and due process protections. The Bill of Rights not only shapes modern legal debates but also remains a symbol of the nation’s enduring commitment to individual liberty and the rule of law. Its ratification on this day in 1791 continues to influence how justice is understood and delivered in the United States. Judge Hannah Dugan of the Milwaukee County Circuit Court is on trial for allegedly obstructing an immigration arrest in her courtroom, a case seen as a test of Donald Trump’s aggressive immigration enforcement policies. Federal prosecutors accuse Dugan of helping a Mexican migrant, Eduardo Flores-Ruiz, evade arrest by redirecting ICE agents and escorting the defendant through a non-public exit after his hearing. Dugan, who has been suspended from the bench, has pleaded not guilty to charges of concealing a person from arrest and obstructing federal proceedings. Prosecutors claim she acted corruptly and misled law enforcement, allegedly showing anger when she learned of ICE’s presence and insisting a judicial warrant was needed. Dugan’s defense argues she acted in good faith, following courthouse policy designed to handle ICE encounters after previous controversial arrests. The trial highlights growing legal and political tensions around courthouse arrests, which critics say intimidate immigrants and undermine trust in the legal system. The outcome could influence how far judges and local officials can go in pushing back against federal immigration actions. Wisconsin judge faces trial for stopping courtroom arrest of migrant in Trump crackdown | Reuters California filed a lawsuit against the Trump administration for cutting over $33 million in federal grants intended for commercial vehicle safety programs. The U.S. Department of Transportation, led by Secretary Sean Duffy, justified the funding termination by claiming California failed to properly enforce English proficiency requirements for truck drivers. California argues its standards align with federal rules and called the decision unlawful and harmful to public safety and the economy. The lawsuit comes amid broader efforts by the Trump administration to crack down on non-English-speaking and non-U.S. citizen truck drivers. This includes halting commercial driver visas and threatening similar funding cuts in states like New York and Minnesota. The administration has also targeted Democrat-led states for other transportation-related penalties. In California’s case, the withheld funds were designated for safety inspections, audits, traffic enforcement, and education programs. California contends that its licensed drivers are involved in significantly fewer fatal crashes than the national average, challenging the administration’s justification. The legal dispute reflects escalating tensions between federal agencies and Democratic states over immigration and transportation enforcement. California sues Trump administration over terminated transportation grants | Reuters A federal judge ruled that evidence seized from Daniel Richman, a former attorney for ex-FBI Director James Comey, was wrongfully retained by prosecutors, presenting a hurdle for any new charges against Comey. U.S. District Judge Colleen Kollar-Kotelly ordered the Department of Justice to return the files but allowed a sealed copy to remain with the court should prosecutors later obtain a valid warrant. Richman had filed a lawsuit claiming the DOJ had improperly held onto materials seized during an investigation that ended in 2021 without charges. While the judge found the DOJ’s actions amounted to an unreasonable seizure, she declined to prevent the department from pursuing future leads based on the information already reviewed. The seized files had been used earlier this year to support an indictment against Comey, accusing him of making false statements and obstructing Congress over his 2020 testimony. That indictment, along with one against New York Attorney General Letitia James, was dismissed last month after it was found the prosecutor involved had been unlawfully appointed. The judge’s ruling now complicates the DOJ’s ability to revive its case against Comey, a frequent critic of Donald Trump and a central figure in past investigations into Trump’s conduct. Judge says Comey evidence was wrongfully retained, creating hurdle for new charges | Reuters A California jury has ordered Johnson & Johnson to pay $40 million to two women who claimed its talc-based baby powder caused their ovarian cancer. The jury awarded $18 million to Monica Kent and $22 million to Deborah Schultz and her husband, finding the company failed to warn consumers despite allegedly knowing of the product’s risks for decades. Both women testified that they used the powder for over 40 years and have undergone extensive cancer treatments since their diagnoses in 2014 and 2018. J&J denies the product causes cancer and plans to appeal the verdict, calling it an “aberrant” outcome. The company points out that no major U.S. health agency has definitively linked talc to ovarian cancer and argues that plaintiffs’ claims rely solely on legal arguments rather than scientific consensus. This is the first talc trial to move forward since J&J’s latest bankruptcy attempt, aimed at resolving over 67,000 similar lawsuits, was rejected by the courts. The company previously stopped selling talc-based baby powder in the U.S. in 2020. While it has faced some large verdicts—including a $4.69 billion award in a past case—it has also won dismissals and reductions on appeal. In addition to ovarian cancer claims, J&J is also facing suits linking its talc products to mesothelioma, with some recent verdicts exceeding $900 million. Jury orders Johnson & Johnson to pay $40 million to two women in latest talc 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

    7 min
  8. DEC 12

    Legal News for Fri 12/12 - Trump Law Firm FOIA Lawsuit, Blocked ICE Detention for Abrego Garcia, Trump Loses on FEMA, and Threatens States on AI Regulations

    This Day in Legal History: Bush v. Gore On December 12, 2000, the U.S. Supreme Court issued its landmark decision in Bush v. Gore, effectively ending the Florida recount and resolving the 2000 presidential election in favor of George W. Bush. The per curiam opinion held that the Florida Supreme Court’s method for ordering a manual recount violated the Equal Protection Clause of the Fourteenth Amendment due to inconsistent standards across counties. The Court also ruled that there was not enough time to implement a constitutionally valid recount before the deadline for certifying electors. The decision was one of the most controversial in the Court’s history. It was split 5-4 along ideological lines, with the majority—led by Chief Justice Rehnquist and Justices Scalia, Thomas, Kennedy, and O’Connor—arguing that allowing the recount to continue would irreparably harm Bush. The dissent, written by Justices Stevens, Ginsburg, Breyer, and Souter, criticized the majority for intervening in a state election process and undermining public confidence in judicial neutrality. The ruling effectively awarded Florida’s 25 electoral votes to Bush, giving him 271 electoral votes—one more than needed to win the presidency—despite losing the national popular vote to Al Gore. The case remains a flashpoint in debates over judicial activism, the politicization of the courts, and the role of federal courts in state election matters. It also raised enduring questions about election integrity and the limits of judicial power in resolving political disputes. The watchdog group American Oversight filed a lawsuit against the U.S. Commerce and Justice Departments, demanding records of legal arrangements between the Trump administration and nine major law firms. The group had submitted eight Freedom of Information Act (FOIA) requests in October seeking details about agreements in which the firms pledged to provide nearly $940 million in pro bono or discounted legal services to the federal government. After receiving inadequate responses, the group took legal action to compel the release of any related contracts, communications, or internal legal analyses. The agreements were announced by Trump earlier in the year on social media, shortly after he issued executive orders targeting law firms for their previous political and diversity-related work. American Oversight is particularly concerned about whether the deals were transparent and whether they might have influenced government policy or enforcement decisions. Several firms—Kirkland & Ellis, Paul Weiss, Simpson Thacher, and Skadden Arps—were reported to have been involved in trade matters or other projects with the administration. None of the firms or the agencies responded to requests for comment. This lawsuit follows a similar legal action by Columbia University’s Knight First Amendment Institute, which alleged in October that related federal record requests had been improperly denied. Meanwhile, Democratic lawmakers have also asked several of the firms to explain their government work, but the firms declined, citing client confidentiality and discretion in matter selection. Trump administration sued for records of law firm deals | Reuters A federal judge blocked a renewed attempt by immigration authorities to detain Kilmar Abrego, just one day after his court-ordered release from ICE custody in Pennsylvania. U.S. District Judge Paula Xinis had previously ordered Abrego’s temporary release, but an immigration judge quickly issued a new directive requiring him to report back to detention by the following morning. In response, Abrego’s attorneys filed an emergency request to stop the re-detention, which Xinis granted. In her ruling, Judge Xinis emphasized that judicial decisions must be respected and cannot be reversed hastily without due process. Abrego’s case has drawn national attention, serving as a high-profile example of what critics view as the Trump administration’s heavy-handed immigration enforcement tactics. Originally deported in March to El Salvador under disputed circumstances, Abrego was returned to the U.S. in June to face charges related to human smuggling. Supporters argue his case reflects serious due process violations, while administration officials have maintained he poses a public safety risk. The legal tug-of-war over Abrego’s detention has become emblematic of broader legal and political conflicts surrounding immigration enforcement and civil liberties under the Trump administration. Judge blocks new effort to detain Kilmar Abrego | Reuters A federal judge in Boston ruled that the Trump administration acted unlawfully when it attempted to terminate a FEMA program designed to help states prepare for natural disasters. U.S. District Judge Richard Stearns sided with a coalition of 20 mostly Democratic-led states, finding that the administration overstepped its authority by trying to cancel the Building Resilient Infrastructure and Communities (BRIC) program and redirect its funds elsewhere without congressional approval. The Department of Homeland Security, which oversees FEMA, had labeled the program wasteful and politically driven when it moved to end it in April. Judge Stearns rejected that rationale, emphasizing that Congress—not the executive branch—has the power to decide how federal funds are spent. He previously issued an order in August blocking FEMA from diverting more than $4 billion in BRIC funding. In this latest decision, he ordered the program reinstated and required FEMA to take immediate steps to undo its termination. Massachusetts Attorney General Andrea Joy Campbell praised the ruling, stating it would save lives by preserving funding for critical infrastructure improvements meant to prevent disaster-related harm. The Department of Homeland Security, in contrast, denied that it had ended BRIC and accused the court of siding with a politicized narrative, claiming the program had been misused by the Biden administration. Since its launch, BRIC has approved over $4.5 billion in grants for nearly 2,000 disaster mitigation projects, many located in vulnerable coastal states. The lawsuit, led by states like Washington and Massachusetts, argued that canceling the program delayed or canceled hundreds of vital community projects aimed at reducing disaster risk. Trump administration unlawfully canceled disaster prevention program, US judge rules | Reuters President Trump announced an executive order threatening to withhold federal broadband funding from states with AI regulations deemed obstructive to national technological dominance. The order targets state-level laws that the administration argues create a fragmented, burdensome environment for AI innovation, particularly for startups. Trump emphasized the need for a single, centralized regulatory system, positioning the U.S. to compete more aggressively with China in the AI sector. The order authorizes the Commerce Department to review state AI laws and restrict access to the $42 billion Broadband Equity Access and Deployment fund for non-compliant states. It also criticizes anti-discrimination measures in states like Colorado, claiming such laws inject “ideological bias” into AI development. While the administration supports certain safeguards, such as child protection, it aims to dismantle what it sees as excessive oversight. Critics argue the move undermines state authority and risks public safety. Representative Don Beyer warned the order violates the 10th Amendment and discourages meaningful congressional action. State leaders from both parties have defended their right to regulate AI, citing the federal government’s inaction on tech legislation. States like New York, California, and Florida have already enacted laws addressing AI’s risks, from data transparency to deepfake bans. Trump threatens funding for states over AI regulations | Reuters This week’s closing theme is by Abigail Leahey and her classmates. This week, we are proud to present a performance of singular clarity, youthful ambition, and the product of more than a little bit of dedicated practice: The First Scale March, recorded live on December 10th at a school Winter Concert. Its thematic simplicity belies its pedagogical complexity: it is equal parts warm-up and war cry. The holidays are upon us. The featured artist, Abigail, is one of several violins. She was born in New Jersey in 2014 and has been defying expectations and delighting her family ever since. A gifted writer, illustrator, softball player, and—crucially—violinist, she began studying the instrument in earnest in early 2025. In a bold display of ambidextrous courage, she agreed to learn the instrument right-handed. Abigail’s musical sensibility combines the raw urgency of a student recital with the unmistakable rhythmic intensity of a group trying very hard to play the same tempo at the same time. Her phrasing evokes a deep respect for the discipline of practice; she has come a long way—and is still going. We are honored to showcase this piece as a representative work from a performer at the dawn of her musical journey, backed by a supporting cast of equally determined string players. With hearts full and bows raised, they march forward—one note at a time. 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

    12 min
4.8
out of 5
12 Ratings

About

Minimum Competence is your daily companion for legal news, designed to bring you up to speed on the day’s major legal stories during your commute home. Each episode is short, clear, and informative—just enough to make you minimally competent on the key developments in law, policy, and regulation. Whether you’re a lawyer, law student, journalist, or just legal-curious, you’ll get a smart summary without the fluff. A full transcript of each episode is available via the companion newsletter at www.minimumcomp.com. www.minimumcomp.com

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