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 1/20 - Hawaii Gun Case at SCOTUS, Judge Restarts Offshore Wind, FL Limits ABA Oversight and IRS Partnership Audits Move to States?

    2H AGO

    Legal News for Tues 1/20 - Hawaii Gun Case at SCOTUS, Judge Restarts Offshore Wind, FL Limits ABA Oversight and IRS Partnership Audits Move to States?

    This Day in Legal History: Marbury v. Madison On January 20, 1803, the U.S. Supreme Court decided Marbury v. Madison, a case that began as a minor dispute over an undelivered judicial commission and ended by redefining American constitutional law. The story traces back to the final days of the Adams administration, when outgoing President John Adams rushed to appoint Federalist judges before Thomas Jefferson took office. John Marshall, then serving simultaneously as Secretary of State and incoming Chief Justice, sealed the commissions but failed to deliver several of them. One of the would-be judges, William Marbury, petitioned the Supreme Court for a writ of mandamus to force Jefferson’s Secretary of State, James Madison, to hand over the commission. The case placed Marshall in a precarious position, as he was being asked to rule on a problem he had helped create. Marshall first held that Marbury had a legal right to his commission and that the law ordinarily provided a remedy when such rights were violated. He then turned to the Judiciary Act of 1789, which appeared to grant the Supreme Court original jurisdiction to issue writs of mandamus. Marshall concluded that this provision conflicted with Article III of the Constitution, which strictly limits the Court’s original jurisdiction. Rather than ordering Madison to act, Marshall declared that the statute itself was unconstitutional. By denying Marbury his commission while simultaneously asserting the power to strike down an act of Congress, Marshall executed a strategic legal maneuver that avoided a direct confrontation with the executive branch. The Court emerged stronger despite losing the immediate case. In explaining why the Constitution must prevail over conflicting statutes, Marshall articulated the principle of judicial review. That reasoning transformed the Supreme Court from a relatively weak institution into the ultimate interpreter of constitutional meaning. The U.S. Supreme Court is set to hear a challenge to a Hawaii law that restricts carrying handguns on private property open to the public without the owner’s explicit permission. The case was brought by three licensed concealed-carry holders and a local gun rights group after Hawaii enacted the law in 2023. Under the statute, individuals must have clear verbal or written authorization, including posted signage, before bringing a handgun onto most business premises. A lower federal court initially blocked the law, but the Ninth Circuit later ruled that the measure likely complies with the Second Amendment. Hawaii has argued that the law appropriately balances gun rights with property owners’ authority to control access to their premises. The challengers contend that the rule effectively prevents lawful gun owners from engaging in everyday activities such as shopping, dining, or buying gas. The challengers are supported by the Trump administration, which claims the law severely burdens the practical exercise of Second Amendment rights. The Supreme Court declined to review other portions of the law involving bans in sensitive places like beaches and bars. The dispute unfolds against the backdrop of the Court’s recent expansion of gun rights, particularly its 2022 ruling in New York State Rifle & Pistol Association v. Bruen, which recognized a right to carry handguns outside the home for self-defense. That decision also reshaped how courts evaluate gun regulations by focusing on historical analogues rather than modern policy goals. US Supreme Court to hear challenge to Hawaii handgun limits | Reuters A federal judge has allowed Dominion Energy to resume construction on its $11.2 billion offshore wind project off the coast of Virginia, marking another courtroom loss for President Donald Trump’s efforts to curb offshore wind development. Judge Jamar Walker of the U.S. District Court for the Eastern District of Virginia ruled that Dominion could restart work while it continues to challenge a stop-work order issued by the Interior Department. That order had halted several offshore wind projects based on newly cited, classified national security concerns related to radar interference. Walker found that the government’s suspension was overly sweeping as applied to Dominion’s project and emphasized that the cited security risks related to turbine operations, not ongoing construction. Earlier in the week, other offshore wind developers had secured similar rulings, allowing their projects to move forward despite the administration’s objections. Dominion has already invested close to $9 billion in the Coastal Virginia Offshore Wind project, which is expected to supply electricity to hundreds of thousands of homes. The company said it would focus on safely resuming construction while continuing to pursue a long-term resolution with federal regulators. The decision underscores the legal and financial stakes for the offshore wind industry, as project delays can threaten multi-billion-dollar investments. At the same time, lawsuits challenging federal actions and the administration’s opposition to offshore wind continue to create uncertainty for the sector. Several states, particularly along the East Coast, view offshore wind as critical to meeting growing energy demand and reducing emissions as electricity use increases. US judge allows Dominion offshore wind project to restart, another legal setback for Trump | Reuters Florida has joined Texas in scaling back the American Bar Association’s role in determining which law school graduates may sit for the state bar exam. In a 5–1 decision, the Supreme Court of Florida ruled that the ABA will no longer serve as the sole accrediting body for Florida bar eligibility, though graduates of ABA-accredited schools will remain eligible. The court said it plans to allow graduates of law schools approved by other federally recognized accrediting agencies to take the bar, even though no such agencies currently specialize in law school accreditation. The court framed its decision as an effort to expand access to affordable legal education while protecting academic freedom and nondiscrimination. Florida Governor Ron DeSantis praised the move, criticizing the ABA as overly partisan and arguing it should not control entry into the legal profession. The ABA responded that the ruling reaffirms state authority over licensing and said it would continue to promote the value of national accreditation standards. Florida’s decision follows a similar move by the Supreme Court of Texas, which recently announced plans to develop its own criteria for approving non-ABA law schools. Other states, including Ohio and Tennessee, are also reviewing their accreditation rules. These developments come amid escalating conflict between the ABA and President Donald Trump’s administration, which has taken steps to reduce the organization’s influence across multiple areas, including judicial nominations and legal education. Within the ABA, the controversy has prompted internal reforms aimed at reinforcing the independence of its law school accreditation arm. One Florida justice dissented, warning that abandoning exclusive reliance on the ABA was an unnecessary and risky departure from a system that had functioned well for decades. Florida joins Texas in limiting ABA’s law school oversight role | Reuters In my column for Bloomberg Tax this week, I argue that the Internal Revenue Service’s partnership audit program has effectively been dismantled under the second Trump administration, with specialized auditors fired, pushed out, or leaving altogether. These weren’t ordinary revenue agents but highly trained experts who understood the most complex partnership structures and could spot abuse hidden deep inside tiered entities. Once that kind of institutional knowledge walks out the door, it can’t simply be rebuilt by restoring funding later. There is no meaningful private-sector substitute for this expertise, and when these specialists leave government, they often stop doing enforcement work entirely. I explain that this collapse isn’t just a federal tax problem—it’s a looming state budget issue. High-income states that rely heavily on progressive income taxes are especially vulnerable when wealthy taxpayers shift income through opaque pass-through structures. For decades, states have relied on federal audits and enforcement as a backstop, but that dependency has now become a serious liability. I suggest that states step into the vacuum by hiring former IRS partnership specialists and building dedicated partnership audit units within their own revenue departments. With relatively modest investment, states could recover revenue that would otherwise vanish into complex and lightly monitored structures. I also propose a multistate enforcement compact that would allow states to share audit resources, staff, and findings, creating a decentralized alternative to federal enforcement. The core message is that while federal capacity has been allowed to wither, the expertise still exists—and states may be the last institutions capable of preserving it. IRS Partnership Audit Brain Drain Is an Opportunity for States This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

    8 min
  2. 4D AGO

    Legal News for Fri 1/16 - Dominion Offshore Wind Battle, Protections for Pro-Palestine Academics, CA Voter Data Suit Tossed and Why You Can't Sue ICE Agents

    This Day in Legal History: 18th Amendment to the US Constitution On January 16, 1919, the 18th Amendment to the United States Constitution was ratified, marking a pivotal moment in American legal history by establishing the prohibition of alcoholic beverages. The amendment prohibited “the manufacture, sale, or transportation of intoxicating liquors” for consumption in the United States and its territories. It was the culmination of decades of temperance activism, led by organizations such as the Women’s Christian Temperance Union and the Anti-Saloon League, which argued that alcohol was responsible for societal problems including crime, poverty, and domestic violence. The amendment passed Congress in December 1917, but ratification by the states was required for it to take effect. That threshold was reached on January 16, 1919, when Nebraska became the 36th state to ratify it. One year later, on January 17, 1920, the Volstead Act—the federal statute enforcing the amendment—went into effect, ushering in the Prohibition era. However, the law led to unintended consequences. Rather than curbing alcohol consumption, it fueled the rise of organized crime, as bootleggers and speakeasies flourished across the country. Enforcement proved difficult and inconsistent, and public support for prohibition waned through the 1920s. Ultimately, the 21st Amendment repealed the 18th Amendment on December 5, 1933, making it the only constitutional amendment ever to be entirely repealed. The legacy of the 18th Amendment remains significant as a historical experiment in moral legislation and the limits of constitutional power. A federal judge in Virginia will soon decide whether Dominion Energy can resume construction on its $11.2 billion Coastal Virginia Offshore Wind project, which was halted by the Trump administration last month. The Interior Department paused five offshore wind projects on December 22, citing classified concerns about radar interference and national security. Dominion is now challenging that pause in court, arguing that it violated procedural and due process laws and is causing the company significant financial harm—around $5 million in daily losses. Dominion has already invested nearly $9 billion in the project, which began construction in 2023 and is planned to power 600,000 homes. Similar legal challenges from other developers, including Orsted and Equinor, have already succeeded in federal courts in Washington, allowing their Northeast offshore wind projects to proceed. Those decisions raise the stakes for Dominion’s case, which could influence the broader offshore wind industry amid continued hostility from the Trump administration toward the sector. Trump has long criticized wind energy as costly and inefficient. While the outcomes of these lawsuits may let projects move forward, industry uncertainty remains due to ongoing legal battles and political opposition. US judge to weigh Dominion request to restart Virginia offshore wind project stopped by Trump | Reuters A federal judge in Boston, William Young, said he will issue an order to protect non-citizen academics involved in a lawsuit challenging the Trump administration’s deportation of pro-Palestinian student activists. The upcoming order would block the government from altering the immigration status of the scholars who are parties to the case, absent court approval. Young emphasized that any such action would be presumed retaliatory and would require the administration to prove it had a legitimate basis. The lawsuit stems from Trump’s executive orders in early 2025 directing agencies to crack down on antisemitism, which led to arrests and visa cancellations for several students, including Columbia graduate Mahmoud Khalil and Tufts student Rumeysa Ozturk. These moves targeted those expressing pro-Palestinian or anti-Israel views on campus. Young previously ruled that these actions violated the First Amendment by chilling free speech rights of non-citizen academics. In his comments, Young described Trump as “authoritarian” and sharply criticized what he called the administration’s “fearful approach to freedom.” He limited his forthcoming order to members of academic groups like the AAUP and Middle East Studies Association, rejecting a broader nationwide block as too expansive. Meanwhile, the administration, which plans to appeal Young’s earlier ruling, accused the judge of political bias. US judge to shield scholars who challenged deporting of pro-Palestinian campus activists | Reuters A federal judge in California has dismissed a lawsuit filed by the U.S. Justice Department seeking access to the state’s full, unredacted voter registration list. Judge David Carter ruled that the department’s claims were not strong enough under existing civil rights and voting laws, and that turning over detailed voter data—such as names, birth dates, driver’s license numbers, and parts of Social Security numbers—would violate privacy protections. Carter emphasized that centralizing such sensitive information at the federal level could intimidate voters and suppress turnout by making people fear misuse of their personal data. The lawsuit, filed in September by the Trump administration, targeted California and other Democrat-led states for allegedly failing to properly maintain voter rolls, citing federal law as justification for demanding the data. California Secretary of State Shirley Weber welcomed the decision, stating her commitment to defending voting rights and opposing the administration’s actions. The DOJ had reportedly been in discussions with the Department of Homeland Security to use voter data in criminal and immigration probes. Critics argue the push was driven by baseless claims from Trump and his allies that non-citizens are voting in large numbers. US judge dismisses Justice Department lawsuit seeking California voter details | Reuters Why can’t people harmed by ICE just sue the agents themselves? U.S. Immigration and Customs Enforcement (ICE) is a federal agency under the Department of Homeland Security, created in 2003. It enforces immigration laws and investigates criminal activities involving border control, customs, and immigration. ICE derives its authority from various federal statutes, including the Immigration and Nationality Act, and its agents operate with broad discretion during enforcement actions. Suing ICE agents or the agency itself is legally difficult. Individuals cannot usually sue federal agents directly because of sovereign immunity, a legal doctrine that protects the government and its employees from lawsuits unless explicitly allowed by law. One such exception is the Federal Tort Claims Act (FTCA) of 1946, which permits lawsuits against the federal government when its employees cause injury or damage while acting within the scope of their employment. Under the FTCA, victims can bring wrongful death or negligence claims, as Renee Good’s family is now considering. However, FTCA claims are limited. Plaintiffs cannot seek punitive damages or a jury trial, and compensation is capped based on state law where the incident occurred. The government is also shielded from liability for discretionary decisions made by its employees—meaning if the ICE agent used judgment during the incident and it’s deemed reasonable, the claim can be dismissed. In Good’s case, the government will likely argue self-defense. Suing ICE agents personally is even harder. The Bivens v. Six Unknown Named Agents case in 1971 created a narrow legal path for suing federal officials for constitutional violations, but courts have since restricted its use. In 2022, the Supreme Court ruled that Bivens does not apply to border agents conducting immigration enforcement, further insulating ICE officers from personal liability. Criminal prosecution of federal agents is also rare. State prosecutors may bring charges, but only if they can prove the agent acted clearly outside the scope of their duties and in an objectively unlawful way—a high bar that is seldom met. This week’s closing theme is by Ludwig van Beethoven. Beethoven, one of the most influential composers in Western music history, revolutionized the classical tradition with works that bridged the Classical and Romantic eras. This week’s theme is Franz Liszt’s transcription of Beethoven’s Symphony No. 5 in C minor, Op. 67 — specifically, the first movement, Allegro con brio, catalogued as S.464/5. As one of the most iconic works in classical music, Beethoven’s Fifth needs little introduction, but hearing it through Liszt’s fingers offers a fresh perspective on its brilliance. In this solo piano version, Liszt doesn’t simply condense Beethoven’s orchestral power—he reimagines it, capturing the storm, structure, and spirit of the original with astonishing fidelity and virtuosity. The movement begins with the unforgettable four-note “fate” motif, its rhythmic insistence rendered on the piano with punch and precision. From there, Liszt unfolds Beethoven’s dramatic argument, demanding the pianist conjure the textures of a full orchestra with nothing but ten fingers and a well-calibrated pedal. Every surging crescendo, sudden silence, and harmonic twist remains intact, though filtered through Liszt’s Romantic sensibility and pianistic imagination. It’s a piece that asks as much of the performer as it does of the listener—requiring clarity, power, and emotional depth. As a transcription, it’s both a tribute and a transformation, placing Beethoven’s revolutionary energy in the hands of a single interpreter. We chose this movement not just for its fame, but for how it exemplifies two musical giants in dialogue—Beethoven, the architect of modern symphonic form, and Liszt, the artist who made the orchestra speak through the piano. Without further ado, Beethoven’s Symphony No. 5 in C minor, Op. 67 — the first movement, Allegro con

    17 min
  3. 5D AGO

    Legal News for Thurs 1/14 - Trump's War on Wind Power Continues, DOJ Race-relations Agency Reversal (?), Tesla's Racism Case Mediation and Minnesota Prosecutors Resign

    This Day in Legal History: Williams v. Florida On January 15, 1970, the U.S. Supreme Court decided Williams v. Florida, a significant case interpreting the Sixth Amendment’s guarantee of a trial by jury. The petitioner, Johnny Paul Williams, was convicted in a Florida court by a six-member jury and argued on appeal that his constitutional rights had been violated because the jury did not consist of twelve members. The Court, in a 6-2 decision authored by Justice Byron White, rejected this argument and held that the Constitution does not require a twelve-person jury in criminal cases. The ruling marked a turning point in how procedural aspects of jury trials were viewed under the Constitution. Drawing on historical analysis and functional reasoning, the Court concluded that the number twelve was a “historical accident” rather than a constitutional mandate. It emphasized that what mattered was whether the jury could fulfill its essential purpose: promoting group deliberation, guarding against government overreach, and representing a fair cross-section of the community. The Court’s opinion opened the door for states to use smaller juries in certain criminal trials, leading to greater procedural flexibility. However, the ruling was not without its critics, including dissenting justices who warned that reducing jury size could dilute the quality of deliberation and increase the risk of wrongful convictions. The Court later clarified in Ballew v. Georgia (1978) that juries smaller than six members were unconstitutional, setting a lower boundary on size. Williams v. Florida continues to shape discussions around the structure and fairness of criminal jury trials. It reflects a broader judicial approach that balances historical tradition with evolving interpretations of fairness and efficiency in the criminal justice system. The decision also illustrates how constitutional protections, while deeply rooted, are not frozen in time but subject to ongoing judicial scrutiny. On January 17, 2026, a U.S. District Court will hear a request from Norwegian energy company Equinor to resume construction on its Empire Wind offshore project off the coast of New York. The company is suing the Trump administration after it suspended offshore wind development in federal waters, citing national security concerns related to radar interference. Equinor argues that the $4 billion project, now 60% complete, faces cancellation if construction doesn’t continue by January 16. The case follows a recent decision allowing Danish company Ørsted to resume work on its own halted project off Rhode Island. The legal challenge is one of several confronting the Trump administration’s broader effort to stall offshore wind development. Trump officials have paused work on five federal wind leases, citing a classified Defense Department assessment. Offshore wind companies say these actions threaten billions in investment and the viability of long-term energy goals. Empire Wind is projected to power about 500,000 homes once completed. US court to weigh New York project challenge to Trump offshore wind halt | Reuters The Trump administration has reversed its decision to lay off nearly all employees of the Justice Department’s Community Relations Service (CRS), an agency created by the Civil Rights Act of 1964 to mediate racial and ethnic conflicts. In a recent federal court filing in Boston, the DOJ stated that it rescinded the September layoff notices issued to 13 CRS staff members, citing “administrative discretion.” Civil rights groups, including two NAACP chapters and the Ethical Society of Police, had sued to block the terminations, arguing they were part of an unlawful attempt to dismantle the agency. Though the employees have been reinstated, it remains unclear if they will resume work on CRS functions. The plaintiffs have asked the court to hold a hearing to determine the practical impact of the reversal and whether CRS operations will truly continue. Under the Trump administration, the CRS reportedly stopped accepting new service requests and faced budget cuts, with the current White House proposal offering no funding for it. However, a bipartisan appropriations bill in Congress would allocate $20 million to support the agency. Previously, U.S. District Judge Indira Talwani denied a temporary restraining order to stop the layoffs but said the plaintiffs had shown a strong likelihood of success. She is still considering whether to issue a permanent injunction to prevent dismantling the CRS. Trump administration reinstates fired employees of DOJ race-relations agency | Reuters Tesla has agreed to enter mediation with the U.S. Equal Employment Opportunity Commission (EEOC) to try to resolve a federal lawsuit alleging widespread racial harassment at its Fremont, California factory. The EEOC claims Tesla allowed a hostile work environment where Black employees were subjected to slurs, racist graffiti—including swastikas and nooses—and other forms of discrimination, some of which appeared on vehicles coming off the assembly line. Tesla has denied the allegations, arguing it was unaware of the conduct and accusing the EEOC of seeking publicity. U.S. District Judge Jacqueline Scott Corley approved a pause on some discovery deadlines to prioritize mediation efforts. The EEOC and Tesla are currently selecting a mediator, with talks potentially beginning in March or April. Both sides must report to the judge by June 17 if mediation fails. The lawsuit, filed during the Biden administration in September 2023, is part of a series of legal challenges Tesla has faced over workplace issues at its Fremont facility. In a separate case, Tesla recently avoided a class-action lawsuit when a California judge ruled that over 6,000 Black workers at the plant could not proceed as a group, citing a lack of willing witnesses. Tesla agrees to mediation that could resolve US agency’s racism lawsuit | Reuters Six federal prosecutors in Minnesota resigned on January 13, 2026, in a move that may disrupt the Justice Department’s intensified efforts to crack down on public benefits fraud. Among those stepping down are Joe Thompson, the former acting U.S. attorney for the district, and Harry Jacobs, a key figure in cases involving misused child nutrition program funds. Both were central to the high-profile Feeding Our Future investigation, which scrutinized alleged fraud in federal nutrition programs during the COVID-19 pandemic. Sources say the resignations were linked to political pressure from the Trump administration, including demands to investigate the widow of Renée Nicole Good, who was killed by a U.S. immigration officer earlier this month. The DOJ reportedly declined to pursue charges against the officer, leading to internal dissent. Minnesota Governor Tim Walz condemned the resignations as evidence of the Trump administration’s politicization of the DOJ, accusing it of forcing out experienced, nonpartisan staff. The departures come amid a broader exodus from the department, including five senior lawyers from the Civil Rights Division, which had worked closely with Minnesota prosecutors after the murder of George Floyd in 2020. Attorney General Pam Bondi recently announced a new DOJ fraud division and plans to deploy prosecutors from other regions to Minneapolis. The White House has also ramped up enforcement in other liberal-leaning districts, which has led to more prosecutions related to immigration protests and officer assaults—and in some cases, grand jury rejections of those prosecutions. Six US Prosecutors Resign in Minnesota as Crackdown Builds (1) This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

    7 min
  4. 6D AGO

    Legal News for Weds 1/14 - SCOTUS Rulings Watch, Trump Tariff Power Fight, Transgender Sports Bans, Elite College Antitrust Claim and Trump BBC Lawsuit

    This Day in Legal History: Wong Kim Ark On January 14, 1898, the Supreme Court of the United States issued its landmark decision in United States v. Wong Kim Ark, firmly establishing the doctrine of birthright citizenship under the Constitution. The case arose after Wong Kim Ark, born in San Francisco to Chinese parents who were not U.S. citizens, was denied reentry to the country following a trip abroad. Federal officials argued that because his parents were subjects of the Emperor of China and barred from naturalization, Wong Kim Ark was not a U.S. citizen. The Court rejected that position, holding that citizenship is determined by place of birth, not by the nationality or immigration status of one’s parents. In a 6–2 decision, the Court relied heavily on the text and history of the Fourteenth Amendment. The majority emphasized that the Amendment codified the common-law rule that nearly all persons born on U.S. soil are citizens. This interpretation directly limited the government’s ability to deny citizenship based on race or ancestry. The decision came at a time of intense anti-Chinese sentiment and restrictive immigration laws, including the Chinese Exclusion Act. By ruling in Wong Kim Ark’s favor, the Court drew a clear constitutional boundary around congressional power over citizenship. The case has since served as the cornerstone for modern citizenship law in the United States. It remains one of the most frequently cited precedents in debates over immigration, nationality, and constitutional identity. The Supreme Court of the United States is expected to release one or more decisions as it resumes issuing opinions, while several major cases remain unresolved. Among the most closely watched is a challenge to sweeping tariffs imposed by President Trump. The justices typically do not announce in advance which cases they will decide, adding uncertainty to each decision day. The tariffs case, argued in November, raises significant questions about the scope of presidential authority and its economic consequences worldwide. Trump relied on a 1977 emergency powers statute to justify tariffs on nearly all U.S. trading partners, framing trade deficits and drug trafficking as national emergencies. During oral arguments, both conservative and liberal justices appeared skeptical that the statute authorized such broad trade measures. Lower courts have already ruled that Trump exceeded his authority, and his administration is now seeking reversal. The lawsuits were brought by affected businesses and a coalition of states, most led by Democrats. Other pending cases involve voting rights, religious liberty, campaign finance limits, the firing of a Federal Trade Commission official, and the legality of conversion therapy bans. Together, these disputes reflect a Court grappling with the limits of executive power and regulatory authority. Supreme Court set to issue rulings, with Trump tariffs case still pending | Reuters Conservative justices on the Supreme Court appeared inclined to uphold state laws that bar transgender athletes from competing on female sports teams. The Court heard lengthy arguments in cases from Idaho and West Virginia, where lower courts had ruled in favor of transgender students challenging the bans. A majority of the justices expressed concern about adopting a nationwide rule amid ongoing debate over whether medical treatments can eliminate sex-based athletic advantages. Conservative members of the Court emphasized fairness and safety in women’s sports, while liberal justices largely signaled support for the transgender challengers. The states argued that their laws lawfully classify athletes by biological sex and are necessary to preserve equal athletic opportunities for women and girls. Lawyers for the challengers contended that the bans discriminate based on sex or transgender status in violation of constitutional equal protection and federal education law. The Trump administration defended the state laws, urging the Court to leave policy decisions to legislatures rather than judges. The outcome could have far-reaching effects beyond sports, influencing other restrictions on transgender people in public life. A decision is expected by the end of June. US Supreme Court conservatives lean toward allowing transgender sports bans | Reuters A federal judge has ruled that Cornell University, Georgetown University, and the University of Pennsylvania must continue defending against a lawsuit alleging collusion in financial aid practices. The case claims that elite universities worked together to limit competition and give preferential treatment to wealthier applicants. U.S. District Judge Matthew Kennelly rejected the schools’ efforts to dismiss the lawsuit, finding enough evidence for the claims to proceed to trial. The plaintiffs argue that the universities violated federal antitrust law over two decades by breaching promises not to consider applicants’ financial circumstances. Several other prominent universities previously settled similar claims for a combined total of nearly $320 million, though the remaining defendants deny any wrongdoing. The lawsuit represents more than 200,000 current and former students seeking substantial damages. The judge pointed to evidence suggesting the schools coordinated financial aid policies to avoid competing against one another. He also concluded that the plaintiffs properly defined a nationwide market for elite private universities and filed their claims within the allowable time frame. The decision clears the way for a jury to determine whether the schools unlawfully inflated the cost of attendance. Cornell, Georgetown, UPenn must face lawsuit over financial aid | Reuters The British Broadcasting Corporation has moved to dismiss Donald Trump’s $10 billion lawsuit stemming from its editing of a January 6, 2021 speech. The broadcaster argues that a Florida court lacks authority over the case because the program was not broadcast in that state. It also contends Trump cannot show he suffered harm, noting that he was re-elected after the documentary aired. Trump alleges the BBC misleadingly combined excerpts of his speech in a way that implied he encouraged supporters to storm the U.S. Capitol, while excluding remarks calling for peaceful protest. The lawsuit asserts violations of Florida’s deceptive and unfair trade practices law and seeks billions of dollars in damages across two claims. The BBC has acknowledged the editing error and apologized but maintains the lawsuit is legally flawed. In court filings, the broadcaster argues Trump failed to plausibly allege “actual malice,” a requirement for defamation claims brought by public officials. The BBC also disputes Trump’s claim that the documentary was available to U.S. audiences via streaming platforms. It has asked the court to pause discovery while the dismissal motion is pending, citing unnecessary expense if the case is thrown out. BBC seeks to have Trump’s $10 billion lawsuit dismissed | 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. JAN 13

    Legal News for Tues 1/13 - Uber Sexual Assault Trial, SCOTUS Transgender Sports Cases Loom, Citi Fraud Setback and the NASCAR Tax Break

    This Day in Legal History: Judge Robert W. Archbald Impeached On January 13, 1913, Judge Robert W. Archbald of the U.S. Commerce Court was convicted by the U.S. Senate on articles of impeachment and removed from office, becoming one of the earliest federal judges ousted through this constitutional process. The House had impeached him the prior July on thirteen charges of corruption and misconduct, five of which the Senate upheld. Archbald had used his judicial position to secure favorable deals from railroads and coal companies—entities that regularly appeared before his court. These secretive contracts, executed through intermediaries to obscure his involvement, allowed him to purchase valuable coal lands below market value. One of the more egregious acts involved advising a railroad representative on how to amend legal pleadings to improve their chances of winning in court—a direct violation of judicial ethics. After a twenty-eight-year judicial career, Archbald’s fall was swift. His defense largely relied on claims of pure motives, rather than denial of the facts. A senator observed afterward that Archbald was “convicted, not so much of being corrupt, as of lack of plain common sense,” noting his failure to grasp the ethical boundaries expected of judges. The Senate vote was overwhelming, with only five senators dissenting. Every former judge in the Senate, save one, voted to convict. Archbald’s conviction marked the first successful impeachment for judicial corruption in U.S. history; earlier impeachments, like that of Judge Pickering in 1804, were rooted in issues like insanity, not unethical conduct. The case prompted calls for reform of the impeachment process itself, with suggestions to create a special judicial conduct court or authorize Senate committees to streamline trials. More broadly, the case had a chilling effect throughout public service, reinforcing ethical standards across all levels of government. Uber is facing a high-stakes sexual assault trial in Phoenix that could have sweeping implications for thousands of similar lawsuits. The case, brought by Oklahoma resident Jaylynn Dean, alleges that Uber failed to protect her from an assault by a driver in 2023. Dean claims Uber has long been aware of sexual assaults committed by drivers but has not taken adequate steps to improve rider safety. This trial marks the first federal bellwether case in a massive consolidation of over 3,000 lawsuits involving similar allegations. Uber maintains that it should not be held liable for criminal actions of independent contractors, arguing its safety features, background checks, and transparency are sufficient. Still, the company faces additional lawsuits in California state court and has been criticized for its historic lack of oversight and a culture focused more on growth than safety. A jury in a previous California case found Uber negligent but ruled that negligence wasn’t a direct cause of harm. Uber tried to delay Dean’s trial, claiming her attorneys influenced the jury pool with misleading advertisements, but the judge allowed proceedings to continue. The outcome could influence settlement talks, regulatory scrutiny, and investor confidence as Uber continues to defend its safety record. Uber faces sexual assault trial in Arizona that puts its safety record under scrutiny | Reuters The U.S. Supreme Court is set to hear arguments in two high-profile cases challenging state laws in Idaho and West Virginia that bar transgender students from participating in female sports teams. While the court previously upheld a ban on gender-affirming care for minors in Tennessee, that ruling was seen as narrow. The decision to now consider sports-related bans has heightened concerns among transgender rights advocates about broader implications for legal protections. At the heart of these cases is whether such bans violate the Constitution’s Equal Protection Clause or Title IX, which prohibits sex-based discrimination in education. Legal scholars warn that the court’s ruling could shape future policies affecting transgender people beyond athletics—such as bathroom access, military service, and healthcare. The Supreme Court’s conservative majority has previously supported limits on transgender rights, including allowing restrictions on gender markers for passports and banning transgender people from military service. Idaho’s law is being challenged by Lindsay Hecox, a transgender college student who has since stopped playing sports, while West Virginia’s ban is being challenged by 15-year-old Becky Pepper-Jackson, who has been allowed to compete under lower court rulings. The states argue the laws protect fairness in women’s sports by preventing perceived competitive advantages. Lower courts have reached opposing conclusions on the legality of the bans, setting the stage for the Supreme Court to clarify whether restrictions based on biological sex or transgender status require heightened scrutiny. The Court may also have to decide whether its 2020 decision protecting transgender workers under Title VII extends to school settings under Title IX. Legal observers say this case could reshape how courts approach not just transgender rights but broader equal protection claims. US Supreme Court’s next transgender rights battle could affect more than sports | Reuters The U.S. Supreme Court has declined to hear Citigroup’s appeal in a lawsuit accusing the bank of enabling a major fraud at Mexican oil services company Oceanografía, effectively allowing the case to proceed. More than 30 plaintiffs—including bondholders, shipping firms, and Rabobank—allege that Citigroup’s Banamex unit knowingly financed Oceanografía to the tune of $3.3 billion between 2008 and 2014, despite the company’s mounting debt and fraudulent practices, including forged Pemex signatures. Oceanografía, which serviced Mexico’s state-owned oil giant Pemex, collapsed in 2014 and was later declared bankrupt. Citigroup uncovered $430 million in fraudulent advances and was fined $4.75 million by the SEC in 2018 for inadequate internal controls. Plaintiffs argue Citigroup hid critical information while profiting from interest on the advances. At the center of the legal battle is whether bondholders can sue Citigroup under the Racketeer Influenced and Corrupt Organizations Act (RICO), which allows for triple damages. Citigroup contended their claims were standard securities fraud allegations not suited for RICO and pointed to conflicting rulings in other federal appeals courts. However, the 11th Circuit found the plaintiffs’ claims plausible, noting it defied belief that a sophisticated bank like Citigroup was unaware of the fraud. By refusing to hear the appeal, the Supreme Court leaves that ruling intact and allows the lawsuit to move forward. US Supreme Court rebuffs Citigroup appeal in lawsuit over Mexican oil company fraud | Reuters This week, my column for Bloomberg looks at an obscure but telling tax provision: the so-called NASCAR tax break. Dozens of tax provisions expired at the end of 2025, and Congress will soon debate whether to revive them. Among these is the motorsports entertainment complex depreciation break, which allows racetrack owners to write off their facilities over just seven years—a timeline far shorter than that allowed for buildings like housing or wastewater plants. Initially enacted in 2004 as part of the American Jobs Creation Act, the break was a reaction to a Treasury reclassification effort that would have extended depreciation timelines for motorsports. Rather than accepting the change, Congress locked in the favorable treatment to preserve the status quo. Since then, the provision has been extended repeatedly, despite no clear policy rationale or economic justification. Unlike other tax incentives that at least attempt to stimulate broader economic development, the NASCAR break benefits a narrow group of wealthy owners in a lucrative, sponsor-heavy industry. The economic spillover is minimal, and unlike subsidies for sports stadiums—which are themselves of dubious value—this break doesn’t even offer the illusion of local benefit. Its survival has more to do with inertia and lobbying than public interest. Letting it remain expired would save money and demonstrate that the tax code isn’t permanently rigged in favor of politically connected sectors. More broadly, the column argues for a disciplined framework to evaluate all expiring provisions based on economic efficiency, equity, administrability, and demonstrated value. 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

    8 min
  6. JAN 12

    Legal News for Mon 1/12 - Trump Migrant Parole Rollback Stymied, Indonesia Bans Grok, Treasury Braces for Tariff Refunds and Powell Served with Subpoena

    This Day in Legal History: Hattie Wyatt Caraway Elected to Senate On January 12, 1932, Hattie Wyatt Caraway of Arkansas became the first woman elected to the United States Senate in her own right, marking a milestone in American legal and political history. Initially appointed to her late husband Thaddeus Caraway’s Senate seat, she was widely expected to serve only as a placeholder until a male successor could be elected. Instead, Caraway defied expectations by entering the special election and winning, quietly but firmly asserting her independence. Her victory came just over a decade after the ratification of the 19th Amendment, which granted women the right to vote and laid the groundwork for their broader participation in political life. Caraway’s campaign was bolstered by the support of Louisiana Senator Huey Long, whose populist style and energetic barnstorming helped draw attention to her candidacy. Despite being soft-spoken and reserved on the Senate floor, Caraway developed a reputation for diligence and loyalty to her constituents. She went on to win a full term later that year, becoming the first woman to do so and serving in the Senate until 1945. Her election symbolized a shift in legal and cultural attitudes toward women in government roles. While women had begun entering state legislatures and the House of Representatives, the Senate had remained all-male until Caraway’s election. Her success challenged deeply rooted assumptions about women’s capacity for leadership and helped open the door for future female senators. She focused much of her legislative work on issues affecting veterans, farmers, and rural communities. U.S. District Judge Indira Talwani announced she would block the Trump administration’s attempt to terminate temporary legal status for 10,000 to 12,000 migrants from seven Latin American countries. These individuals had entered the U.S. under family reunification parole programs that allowed them to live legally with relatives while waiting for visa approval. The Department of Homeland Security had moved to cancel the programs, which were launched or updated during the Biden administration, arguing they were being misused to bypass regular immigration protocols. Judge Talwani criticized the government for failing to provide proper legal notice to the affected migrants, many of whom are children, and emphasized that the U.S. must also follow the law. The plaintiffs’ attorney called the government’s move harmful and disruptive, especially to families and school-aged children. A Justice Department lawyer argued that the administration had the legal authority to revoke parole. The case is part of a broader legal battle over Trump’s efforts to dismantle humanitarian parole programs initiated under President Biden, which had provided temporary protection to hundreds of thousands of migrants. Talwani had previously issued rulings blocking similar rollbacks, but higher courts overturned them. Her upcoming order is expected to offer temporary relief to thousands facing imminent deportation. US judge to block Trump move to end thousands of Latin American migrants’ legal status | Reuters On January 10, Indonesia became the first country to temporarily block access to Elon Musk’s Grok chatbot, citing concerns over the platform’s ability to generate AI-produced pornographic content, including disturbing depictions of minors. The country’s Communications and Digital Minister condemned non-consensual sexual deepfakes as serious human rights violations and emphasized the need to protect dignity and digital safety. This action follows growing international criticism of Grok’s content safeguards, with some governments in Europe and Asia launching investigations. xAI, the company behind Grok, responded by limiting image generation features to paying users while working to address security flaws that had allowed the creation of sexualized images. However, its public response to Reuters included a dismissive automatic message: “Legacy Media Lies.” Musk, posting on X, insisted users generating illegal content would be held accountable as if they had uploaded it directly. Indonesia’s firm stance highlights the absence of similar decisive action from the United States, where Grok and xAI are based—raising questions about America’s professed commitment to protecting victims of online abuse. The U.S.’s failure to lead on this issue stands in stark contrast to its claimed leadership in defending digital rights and vulnerable populations. Indonesia temporarily blocks access to Grok over sexualised images | Reuters U.S. Treasury Secretary Scott Bessent said the government has more than enough funds—nearly $774 billion in cash on hand—to handle any tariff refunds that may result from a potential Supreme Court ruling against President Trump’s emergency tariffs. However, Bessent noted that any repayments would be distributed gradually over weeks or even up to a year. He expressed skepticism that the Court would rule against the tariffs, and criticized potential refunds as corporate windfalls, questioning whether companies like Costco, which sued the government, would pass any refunded money back to consumers. While many importers argue that they should be reimbursed if the Court finds Trump’s use of the International Emergency Economic Powers Act (IEEPA) unlawful, Bessent claimed the actual number of refundable tariffs is lower than the estimated $150 billion cited by some trade analysts. He declined to offer a precise figure. He also disputed the idea that Trump’s tariffs significantly contributed to inflation, asserting that there was little evidence of cost pass-through to consumers. Bessent warned that if the Supreme Court does rule against the tariffs, the decision could be complex rather than a simple reversal, which might complicate refund logistics. He added that a delay in the ruling increases the odds of a decision favoring Trump. Treasury’s projected end-of-quarter balance of $850 billion and an expected reduction in the 2025 calendar-year deficit are seen as bolstering its ability to manage any financial impact. Bessent says US Treasury can easily cover any tariff refunds | Reuters Federal Reserve Chair Jerome Powell revealed that the Fed had been served with grand jury subpoenas by the U.S. Department of Justice, escalating tensions between the central bank and the Trump administration. The subpoenas reportedly relate to Powell’s June 2025 congressional testimony about renovations to the Fed’s headquarters, but Powell described the move as part of a broader campaign of political intimidation aimed at undermining the Fed’s independence. He stated unequivocally that the threat of criminal charges was tied to the Fed’s refusal to set interest rates according to presidential preferences. President Trump denied involvement in the DOJ probe, but his administration has long clashed with Powell over interest rate policy and spending. Trump has publicly floated removing Powell and Fed Governor Lisa Cook, whose case is pending before the Supreme Court. Meanwhile, markets reacted to the news with falling stock futures and a surge in gold prices, reflecting investor unease over the attack on central bank autonomy. Republican Senator Thom Tillis condemned the subpoenas, pledging to block any future Fed nominee until the legal matter is resolved. The DOJ’s inquiry is reportedly focused on whether Powell misled Congress about ballooning renovation costs, which reached $2.5 billion. Though the administration alleges possible misconduct, critics see the legal threat as part of a pressure campaign to force Powell out ahead of his term’s expiration in May. Fed Served With DOJ Subpoenas, Powell Vows to Stand Firm (5) 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
  7. JAN 9

    Legal News for Fri 1/9 - Tariffs at SCOTUS, Aaron Judge Trademark Win, Death Penalty Fight and a DOJ Anti-Fraud Role

    This Day in Legal History: Schenck v. United States On January 9, 1919, the U.S. Supreme Court began hearing oral arguments in Schenck v. United States, a foundational case in American free speech law. Charles Schenck, the general secretary of the Socialist Party, had been convicted under the Espionage Act of 1917 for distributing leaflets urging resistance to the military draft during World War I. The case raised critical constitutional questions about the boundaries of the First Amendment in times of national crisis. Schenck’s defense argued that his actions were protected political speech. However, the government maintained that his words posed a threat to wartime recruitment and national security. The Court would go on to unanimously uphold Schenck’s conviction in a decision authored by Justice Oliver Wendell Holmes Jr. Although the ruling came in March 1919, the arguments heard on January 9 and 10 set the stage for what became a pivotal moment in legal history. In his opinion, Holmes introduced the “clear and present danger” test, writing that the First Amendment does not protect speech that creates a clear and present danger of causing substantive evils Congress has a right to prevent. He famously noted that the most stringent protection of free speech would not protect a man falsely shouting fire in a crowded theater. This standard marked the beginning of a more nuanced approach to free speech jurisprudence, where context and consequences mattered. It reflected the tensions between civil liberties and national security during wartime. Although later cases would refine or move away from the “clear and present danger” test, Schenck remains a foundational precedent in American constitutional law. The case also marked the rise of Holmes as a central figure in shaping First Amendment doctrine. The U.S. Supreme Court is expected to issue at least one opinion this Friday, potentially including a highly anticipated decision on the legality of tariffs imposed by President Donald Trump. The case represents a significant test of presidential authority, especially in the context of Trump’s use of emergency powers under the 1977 International Emergency Economic Powers Act. Trump imposed these tariffs after returning to office in 2025, targeting nearly all U.S. trading partners and citing national emergencies such as trade deficits and drug trafficking, including fentanyl, as justification. During oral arguments in November, justices from both ideological sides expressed skepticism about the legal basis for the tariffs. Lower courts previously ruled that Trump had exceeded his authority, prompting his administration to appeal. Trump has defended the tariffs as strengthening the U.S. economy and warned that a ruling against them would severely harm the country. The case was brought by affected businesses and a coalition of 12 states—mostly led by Democrats—arguing that the tariffs were unlawfully broad. The outcome could have major implications for global trade and executive power. The Supreme Court, which currently holds a 6-3 conservative majority, is also considering other significant cases, including a challenge to part of the Voting Rights Act and a First Amendment dispute over a Colorado ban on “conversion therapy” for LGBT minors. Supreme Court set to issue rulings as Trump awaits fate of tariffs | Reuters A federal appeals court has ruled in favor of New York Yankees star Aaron Judge and the Major League Baseball Players Association, rejecting a Long Island man’s attempt to trademark the phrases “All Rise” and “Here Comes The Judge.” The U.S. Court of Appeals for the Federal Circuit upheld the U.S. Patent and Trademark Office’s decision that Michael Chisena’s filings infringed on Judge’s common law trademark rights. Chisena filed for the trademarks in 2017 during Judge’s breakout rookie season, claiming he planned to use them on clothing. He denied any connection to professional sports and insisted he had never seen Judge play. However, the USPTO’s appeals board cast doubt on his good faith, noting the suspicious timing of the filings and their close link to Judge’s rising fame. Judge and the MLBPA opposed the applications in 2018, arguing they would likely confuse consumers by associating the phrases with Judge’s well-known public persona. They emphasized that the baseball star’s last name, with its clear legal overtones, naturally lent itself to those phrases, which had become synonymous with him early in his career. The appeals court affirmed that Judge had built strong common law trademark rights through commercial use, and that Chisena’s applications lacked merit. Chisena, who represented himself in court, also lost a related claim involving an image of a gavel and scales over a baseball diamond. Yankees’ Judge clinches win in ‘All Rise,’ ‘Here Comes The Judge’ trademark case | Reuters Luigi Mangione, accused of killing UnitedHealth CEO Brian Thompson in a high-profile Manhattan shooting in December 2024, is set to appear in federal court Friday to challenge the possibility of facing the death penalty. Mangione, 27, has pleaded not guilty to federal charges including murder, stalking, and firearms offenses, and remains in custody while awaiting trial. His attorneys will argue before U.S. District Judge Margaret Garnett that prosecutors failed to meet legal standards for the firearm-related murder charge—the only count that could result in a death sentence. They are also seeking to dismiss the entire indictment, claiming Mangione’s constitutional rights were violated, which they argue should disqualify the government from pursuing capital punishment. While New York outlawed the death penalty in 2004, the ban applies only to state prosecutions. Because Mangione is being tried in federal court, the death penalty remains a legal possibility. He also faces separate charges at the state level, where a conviction could carry a life sentence. Judge Garnett has yet to decide on either the motion to dismiss the death-eligible charge or the broader request to throw out the indictment. No trial date has been set for the federal or state proceedings. Mangione, suspect in health insurance CEO murder, fights death penalty charge in court | Reuters Vice President JD Vance announced the creation of a new assistant attorney general role focused on fighting fraud involving taxpayer money. The position will have nationwide jurisdiction and is intended to strengthen federal oversight and enforcement against misuse of public funds. Vance stated that a nominee for the role will be named in the coming days, signaling the administration’s commitment to addressing financial misconduct within programs funded by taxpayers. The announcement was made during a White House press briefing, reflecting a broader effort to enhance government accountability—at least, ostensibly. Vance announces new assistant attorney general role to combat taxpayer fraud | Reuters This week’s closing theme is by Wolfgang Amadeus Mozart. This week’s closing theme features one of the most charming and instantly recognizable pieces in the classical repertoire: the first movement of Wolfgang Amadeus Mozart’s Piano Sonata No. 11 in A major, K. 331 – “Andante grazioso.” Composed around 1783, likely in Vienna or Salzburg, this sonata showcases Mozart’s extraordinary ability to blend elegance, wit, and emotional nuance with apparent ease. The opening movement is not a fast-paced sonata-allegro form, as one might expect, but rather a gentle theme and variations, a structure that allows Mozart to explore the same musical idea through shifting textures, moods, and embellishments. “Andante grazioso” lives up to its title—graceful and moderately paced, it opens with a lilting, almost courtly theme that feels both poised and playful. As the variations unfold, Mozart’s genius becomes more apparent: he adds rhythmic complexity, dynamic contrasts, and increasingly virtuosic flourishes, while always keeping the original melody in sight. The movement is accessible but never simplistic, classical in form yet deeply expressive. K. 331 is the same sonata that ends with the famous “Rondo alla Turca,” but it is in this opening Andante that we see Mozart at his most refined and imaginative. He draws the listener in not through drama, but through balance, warmth, and an almost conversational intimacy between performer and listener. This piece has been beloved for centuries, not only by pianists but also by those new to classical music. As we close the week, the delicate ornamentation and unhurried beauty of “Andante grazioso” offers a kind of musical exhale—a moment of elegance and clarity in contrast to the noise of modern life. It’s a quiet reminder of why Mozart remains one of the most enduring voices in Western music. Without further ado, Mozart’s Piano Sonata No. 11 in A major, K. 331 – “Andante grazioso” – 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

    22 min
  8. JAN 8

    Legal News for Thurs 1/8 - Politics and the DOJ, UK Scrutinizes Grok Because the US Never Will, and Ford's $100m Fraud Claim Against Attorneys

    This Day in Legal History: George Washington Delivers First State of the Union Address On January 8, 1790, President George Washington delivered the first State of the Union address to a joint session of the U.S. Congress in New York City, the temporary capital of the United States. This moment marked the formal inauguration of a constitutional duty outlined in Article II, Section 3, which requires the president to periodically give Congress information on the “State of the Union.” Washington’s address was brief—just over 1,000 words—but carried significant weight, as it was the first time a sitting president had spoken to the legislature under the newly ratified Constitution. In his remarks, Washington emphasized the need to build public credit, maintain national defense, and promote science and literature. He called on Congress to consider a system of uniform weights and measures and to establish a national post office. Notably, he stressed the importance of establishing laws that would encourage “a due respect for property” and “the security of liberty.” His recommendations helped shape the early legislative agenda and solidify the constitutional structure of government roles. The address was delivered in person, following British parliamentary tradition, but Thomas Jefferson would later abandon this practice in favor of written messages, considering in-person speeches too monarchical in tone. Washington’s speech helped define the president’s role not merely as an executive but as a constitutional communicator, responsible for setting national priorities in collaboration with Congress. The legal legacy of this event lies in the precedent it established: that the president would serve not only as head of state and government, but also as an active participant in shaping legislative goals through regular, formal communication. Over time, this annual message evolved into a major political and legal event, shaping policy narratives and underscoring the balance of powers between the branches of government. Tysen Duva, a long-serving federal prosecutor from Florida, was recently sworn in as head of the U.S. Justice Department’s Criminal Division, a powerful role now seen as vulnerable to political pressure under President Trump’s second term. Duva replaces acting chief Matthew Galeotti, who, despite not being a permanent appointee, had earned respect for shielding the division from direct political interference and maintaining operational independence, particularly in white-collar and public corruption cases. Duva, who has no prior managerial experience at this scale, will now oversee over 1,000 prosecutors amid ongoing departmental turmoil, internal resignations, and controversial Trump-driven interventions. His appointment follows internal conflict, including a recent case where Duva clashed with a Trump-aligned U.S. attorney who tried to fast-track charges against a Democratic congresswoman. While the charges ultimately proceeded, the case highlights the complex political dynamics Duva must now navigate. Though Duva has pledged impartiality and praised Galeotti’s example, his lack of a close working relationship with Deputy AG Todd Blanche—unlike Galeotti—may limit his autonomy. Observers note that the Criminal Division has largely avoided the most contentious political directives of the Trump administration so far, including investigations into Trump’s critics and cultural flashpoints like gender-affirming care. However, experts warn that Duva may face tighter constraints going forward, with limits placed on certain enforcement areas like overseas bribery and tariff violations. DOJ veterans emphasize that how Duva manages pressure from Attorney General Pam Bondi, Blanche, and the White House will determine the future direction of the department’s criminal enforcement strategy. Political Tension Awaits DOJ’s Unproven Criminal Division Chief The UK’s Information Commissioner’s Office (ICO) has contacted Elon Musk’s platform X and his AI company xAI, seeking clarification on how they are complying with UK data protection laws. The inquiry follows reports raising concerns about Grok, X’s built-in AI chatbot, and its ability to generate images that may involve the use of personal data. The ICO emphasized that individuals have the right to expect lawful and respectful handling of their personal information on social media platforms. The regulator is requesting details on the safeguards X and xAI have in place to protect user privacy and uphold legal standards under UK data law. Reports have intensified regulatory concern by alleging that Grok has generated explicit images involving underage individuals. The claims raise serious legal and ethical questions under UK data protection and child‑safety laws. Such allegations heighten scrutiny of how training data is sourced, what safeguards are in place to prevent harmful outputs, and how quickly platforms respond when prohibited content is identified. The ICO’s outreach suggests regulators are assessing whether existing controls are adequate to prevent the creation or dissemination (clearly not) of unlawful material and to protect minors’ rights. UK data watchdog contacts Musk’s X over Grok AI images | Reuters Ford Motor Company has refiled a lawsuit accusing three California attorneys of orchestrating a fraudulent overbilling scheme to collect more than $100 million in legal fees under the state’s Lemon Law. The amended complaint, allowed after a judge dismissed the original case in November, drops law firms as defendants and instead targets individual lawyers Steve Mikhov, Roger Kirnos, and Amy Morse, formerly of Knight Law Group. Ford alleges the attorneys operated a “Fee Motion Department” that submitted fake time entries, including implausible claims such as multiple 24-hour workdays and even a single day billed at 57.5 hours. The lawsuit claims these practices defrauded courts and automakers by inflating legal fees in warranty cases involving defective vehicles. California’s Lemon Law allows recovery of attorney fees for reasonable legal work, but Ford argues the defendants manipulated this provision for profit. Ford’s legal team says the amended filing includes new details drawn from testimony, reinforcing their claim that the lawyers exploited the court system. The accused attorneys have denied wrongdoing and previously argued the case is a retaliatory move by Ford meant to intimidate lawyers representing consumers. The case continues in the U.S. District Court for the Central District of California. Ford takes fresh aim at lawyers in lawsuit claiming overbilling scheme | 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

    6 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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