Minimum Competence

Andrew and Gina Leahey
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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. قبل ساعتين

    Legal News for Thurs 2/12 - SCOTUSBlog Goldstein Takes Stand in Tax Trial, Bondi Grilled Over Epstein File Redactions and the LSAT Goes In-person Only

    This Day in Legal History: NAACP Founded On February 12, 1909, the National Association for the Advancement of Colored People (NAACP) was founded in New York City. Sparked by ongoing racial violence, including the 1908 Springfield Race Riot in Illinois, a group of Black and white activists came together to launch an interracial effort to combat racial injustice. The NAACP would become the most influential civil rights organization in the United States, pursuing its goals through strategic litigation, public education, and advocacy. In its early years, the NAACP focused heavily on using the courts to challenge discriminatory laws and practices, particularly in education and voting. It played a pivotal role in Brown v. Board of Education (1954), the landmark Supreme Court case that declared racial segregation in public schools unconstitutional. Through its Legal Defense Fund—established in 1940 and headed for a time by Thurgood Marshall, who would later become the first Black U.S. Supreme Court Justice—the organization spearheaded a range of major civil rights cases. Beyond litigation, the NAACP was instrumental in pushing for anti-lynching laws, though federal anti-lynching legislation would take over a century to pass. The group’s efforts laid the legal and political foundation for the Civil Rights Movement of the 1950s and 1960s. Its influence continues today as it monitors civil rights violations and advocates for racial justice nationwide. Tom Goldstein, a prominent U.S. Supreme Court advocate and co-founder of SCOTUSblog, testified in his own defense during his federal criminal tax trial in Maryland. Goldstein, accused of failing to report millions in poker winnings and misrepresenting debts on mortgage applications, told jurors he never intended to violate the law. He admitted omitting gambling debts to keep them hidden from his wife, and claimed he relied on accountants and firm managers for financial reporting. The trial, overseen by Judge Lydia Griggsby, has drawn attention for its mix of high-stakes legal and poker worlds. Goldstein is alleged to have reported only $27 million of $50 million in poker winnings to the IRS in 2016. He also faces allegations of channeling improper payments through his former law firm and requesting a $500,000 payment from actor Tobey Maguire be sent to a third party to cover personal debts. Maguire, a witness in the trial, is not accused of any misconduct. The defense has called more than a dozen witnesses, including IRS agents, poker players, and law firm executives. Goldstein retired from Supreme Court advocacy in 2023 after arguing over 40 cases. The trial continues with prosecutors set to cross-examine him following his testimony. Supreme Court lawyer Tom Goldstein takes stand at his criminal tax trial | Reuters Attorney General Pam Bondi faced sharp criticism from lawmakers during a House Judiciary Committee hearing over the Justice Department’s handling of files related to Jeffrey Epstein. Representative Thomas Massie accused Bondi of deliberately concealing the names of powerful individuals connected to Epstein, including billionaire Leslie Wexner, whose name was initially redacted in an FBI document. Bondi countered that Wexner’s name had already been made public in other documents and was quickly unredacted once flagged. Lawmakers across the aisle expressed frustration over what they called excessive and unjustified redactions, despite a federal law passed in November mandating broad disclosure of the Epstein files. Bondi defended the department’s efforts, highlighting the work of over 500 lawyers on a tight timeline, and insisted any release of victims’ identities was accidental. She repeatedly praised President Donald Trump during the hearing and criticized Democratic members, accusing them of political theatrics. Her confrontational style sparked further tension, especially when she refused to apologize to Epstein’s victims seated in the gallery, deflecting the request by referencing past administrations. The hearing reflects the ongoing controversy surrounding the Justice Department’s approach to transparency, its alignment with Trump-era politics, and the public’s demand for accountability in the Epstein investigation. US lawmakers accuse Bondi of hiding names of Epstein associates | Reuters The Law School Admission Council (LSAC) announced that beginning August 2026, the LSAT will no longer be available online, citing rising concerns over cheating. The move comes after a period of hybrid testing, introduced during the COVID-19 pandemic, which allowed examinees to choose between in-person and remote formats. While remote testing will still be permitted in limited cases involving medical or geographic hardships, the default will now be in-person testing at designated centers. LSAC emphasized that the shift is meant to enhance test integrity and deter misconduct, which has become a growing concern—particularly after the organization suspended online testing in China due to reports of systemic cheating. Industry professionals, including LSAT prep company leaders, supported the decision, noting that online platforms made it easier for cheating rings to exploit the system through tactics like using cameras to capture test content or remotely accessing test takers’ computers. Some cheating services reportedly charged thousands of dollars to help candidates gain an unfair advantage. LSAC added that technical difficulties also played a role in the change, with most scoring delays stemming from remote testing issues. On the January 2026 exam, 61% of test takers opted for in-person testing, suggesting a trend back toward traditional methods. US law school admissions test ends online option over cheating concerns | Reuters This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

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  2. قبل يوم واحد

    Legal News for Weds 2/11 - Trump's EPA Rollback Backfires, Bondi's Epstein File Testimony, Instagram UI on Trial and Novo's Patent Fight with Hims/Hers

    This Day in Legal History: Nelson Mandela Released On February 11, 1990, Nelson Mandela was released from Victor Verster Prison in South Africa after 27 years of incarceration, marking a seismic shift in the country’s legal and political landscape. Mandela’s release followed a period of secret negotiations between the apartheid government and the African National Congress (ANC), and it signaled the beginning of the end of apartheid—a system of institutionalized racial segregation and oppression upheld by law. His imprisonment had become a global symbol of the fight against racial injustice and was frequently challenged by international human rights organizations and legal scholars as a violation of fundamental human rights. Mandela had been convicted in 1964 of sabotage and other charges under South Africa’s Suppression of Communism Act, following the infamous Rivonia Trial. He was sentenced to life imprisonment, spending much of his sentence on Robben Island under harsh conditions. Over the decades, growing international sanctions and internal unrest made apartheid increasingly untenable. Then-President F.W. de Klerk’s government began rolling back apartheid legislation in the late 1980s, and on February 2, 1990, de Klerk announced the unbanning of the ANC and his intention to release Mandela. Just nine days later, Mandela walked free, delivering a speech in Cape Town that emphasized reconciliation, peace, and the continuation of the struggle for full democratic rights. Mandela’s release was not just a political milestone—it was a legal one, too. It reflected a move away from laws based on racial supremacy and toward a constitutional order grounded in human rights. This transformation would culminate in South Africa’s 1996 Constitution, often lauded for its rights-based framework and independent judiciary. The Trump administration’s plan to repeal the EPA’s 2009 endangerment finding—the scientific basis for regulating greenhouse gases under the Clean Air Act—could reignite legal efforts to hold polluters accountable through public nuisance lawsuits. That finding enabled the EPA to regulate emissions from vehicles and power plants, but its reversal removes the legal framework that had previously shielded companies from such claims under a 2011 Supreme Court ruling. In that decision, the Court held that the EPA’s authority under the Clean Air Act displaced common-law nuisance suits against emitters. Without that EPA oversight, legal scholars believe plaintiffs may now argue that the courts are once again an appropriate venue for these claims. Public nuisance lawsuits, typically filed by states or municipalities, seek to hold companies accountable for harms caused to community health and safety. These cases have been historically difficult to win due to challenges in proving direct causation, but experts say the new regulatory gap could encourage a wave of litigation. Industry groups like the Edison Electric Institute have warned that repealing the endangerment finding could expose utilities to costly legal battles. While federal courts had largely blocked such claims, state courts have shown more openness, and the shift in federal policy may strengthen these legal efforts. Environmental advocates may now have renewed leverage to push power companies and other emitters into court. Trump’s repeal of climate rule opens a ‘new front’ for litigation | Reuters Attorney General Pam Bondi is scheduled to testify before the House Judiciary Committee this week amid intensifying legal scrutiny over the Justice Department’s management of the Jeffrey Epstein files. Lawmakers are expected to question Bondi about what they view as excessive redactions and the DOJ’s withholding of key documents, actions that may conflict with a bipartisan federal law passed in 2025 mandating the broad release of Epstein-related materials. Legal analysts suggest the DOJ’s reliance on legal privileges—such as investigatory and deliberative process exemptions—to justify redactions could face stiff challenges in court or through congressional oversight powers. The situation raises constitutional tensions between legislative oversight and executive privilege, particularly as the House panel, now under Republican control, examines whether the DOJ is shielding politically sensitive information. Some members of Congress have accused the Department of undermining transparency and potentially violating the statutory intent of the Epstein Disclosure Act, which narrowed the DOJ’s discretion in withholding records tied to convicted sex offenders or deceased suspects like Epstein. Bondi’s DOJ has been accused of prioritizing partisan enforcement over institutional neutrality, illustrated by failed prosecutions of Trump critics and an aggressive posture on immigration and protest-related cases. The sidelining of the DOJ’s civil rights division and the refusal to investigate federal shootings has further fueled concerns over selective enforcement and erosion of prosecutorial independence. Bondi’s testimony will serve as a key moment to defend the Department’s use of legal redactions and its broader approach to politically charged prosecutions. Bondi to face questions on Epstein files in House testimony | Reuters Instagram chief Adam Mosseri is set to testify in a Los Angeles courtroom this week in a groundbreaking lawsuit that could reshape how U.S. law approaches the intersection of product design and youth mental health. The case centers on a 20-year-old plaintiff who alleges she became addicted to Instagram as a child due to its deliberately addictive interface—particularly the “endless scroll” feature that loads content continuously to hold user attention. Her lawyers argue that Instagram’s design choices amount to a form of negligent product engineering that failed to account for known risks to children. This case raises novel legal questions: Can user interface (UI) design be treated as a defective product under tort law? Can tech companies be held liable not just for content but for the architecture of the platforms themselves? If the court accepts these arguments, it could establish precedent for treating addictive design as a public health harm similar to tobacco or opioid marketing practices. Mosseri is expected to face questioning over internal documents that, according to the plaintiff, show Meta was aware of the app’s mental health impact on vulnerable teens. Meta counters that these documents reflect efforts to mitigate harm, not evidence of negligence. Still, the case may test the limits of Section 230 immunity, as it focuses not on third-party content, but the platform’s own design—potentially sidestepping the traditional legal shield for tech companies. Hundreds of similar cases are pending, and this trial may serve as a bellwether for litigation nationwide. International developments, including Australia’s ban on social media for children under 16, suggest this is a growing legal frontier. Instagram’s leader to testify in court on app design, youth mental health | Reuters Novo Nordisk’s recent patent infringement lawsuit against Hims & Hers marks a pivotal legal development in the pharmaceutical industry’s battle with telehealth providers distributing compounded drugs. The suit, filed in Delaware federal court, targets Hims’ sales of compounded semaglutide—the active ingredient in Wegovy and Ozempic—claiming these formulations infringe Novo’s patents. While compounding is allowed under certain FDA exemptions, those exemptions do not shield pharmacies or telehealth platforms from patent liability. This case challenges the assumption that FDA compliance protects against infringement claims, exposing a gray area where regulatory and intellectual property regimes collide. Historically, brand-name drugmakers focused on trademark challenges over how compounded drugs were marketed. Novo’s move into patent litigation signals a strategic escalation: it’s not about branding anymore—it’s about the act of making and selling the compound itself. Experts highlight that this is likely the first time a brand drug company has pursued patent claims directly against a compounding pharmacy or telehealth distributor, suggesting the industry now sees these entities as substantial commercial threats. The case also underscores a novel enforcement strategy: suing the telehealth platform facilitating sales rather than the dispersed network of compounding pharmacies, streamlining legal action and potentially setting precedent for centralized liability. Hims, already under regulatory scrutiny, had just halted plans to sell compounded semaglutide pills but remains a target due to its involvement in injectable forms. The outcome of this case may clarify how FDA-sanctioned compounding intersects with patent protections and could define the boundaries for how far telehealth companies can go in offering customized versions of patented drugs. Novo’s GLP-1 Patent Suit Against Hims Takes Aim at Compounding This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

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  3. قبل يومين

    Legal News for Tues 2/10 - More Horrors from ICE Detention Centers, Trump's Push to Limit Federal Worker Rights and US States vs. India on Data Centers

    This Day in Legal History: 25th Amendment On February 10, 1967, the 25th Amendment to the United States Constitution was ratified, formally addressing presidential succession and disability for the first time in constitutional text. The need for such clarity had become urgent after the assassination of President John F. Kennedy in 1963 and President Dwight D. Eisenhower’s repeated illnesses during his terms. Prior to this amendment, there was no definitive constitutional mechanism for filling a vacancy in the vice presidency or for managing presidential incapacity. The 25th Amendment established four key sections, each designed to ensure governmental stability during times of crisis. Section 1 confirmed that if a president dies, resigns, or is removed, the vice president becomes president—not just acting president. Section 2 allowed for the appointment of a new vice president, with confirmation by both the House and Senate, in the event of a vacancy. This provision was put to use shortly after its ratification when Gerald Ford was appointed vice president in 1973 following Spiro Agnew’s resignation. Section 3 allowed a president to voluntarily transfer power to the vice president by submitting a written declaration to Congress—used during temporary medical procedures like surgeries. Most controversial and significant is Section 4, which allows the vice president and a majority of the cabinet (or another body designated by Congress) to declare the president “unable to discharge the powers and duties of his office.” This provision has never been fully invoked but has been a topic of discussion during times of perceived presidential instability. It establishes a legal mechanism for removing a president against their will, albeit temporarily, with congressional oversight. The amendment reflects a post-World War II concern for continuity of leadership in a nuclear age. Its ratification marks a critical evolution in constitutional law, ensuring the executive branch remains functional even under extraordinary circumstances. A federal lawsuit filed in Texas alleges that an 18‑month‑old girl detained by U.S. immigration authorities was sent back into U.S. Immigration and Customs Enforcement (ICE) custody after being hospitalized for a life‑threatening respiratory illness and then denied the medications doctors prescribed. According to the filing, Amalia and her parents were held at the family detention center in Dilley, Texas after a routine immigration check‑in in December. The toddler became severely ill in January with extremely high fever and breathing problems, and a hospital diagnosed her with multiple serious infections including COVID‑19, pneumonia and RSV. After about 10 days in the hospital, she was discharged with a nebulizer, respiratory medication and nutritional supplements—but those were confiscated when she was returned to the detention facility. The lawsuit says her parents repeatedly tried to obtain prescribed treatment from detention staff but were forced to wait in long lines and often were denied, contributing to the child’s health deterioration. Legal advocacy led to the family’s release after the emergency court filing; attorneys contend the case reflects broader problems with medical care, conditions and protections for children and families in immigration custody. Toddler was returned to ICE custody and denied medication after hospitalization, lawsuit says | Reuters The Trump administration is proposing a significant change to federal employment law that would restrict fired federal workers from appealing their terminations to the independent Merit Systems Protection Board (MSPB). Under the plan, workers would instead have to appeal to the Office of Personnel Management (OPM)—a shift critics say would compromise impartiality, as the OPM director reports directly to the president. The MSPB, historically tasked with mediating disputes between federal employees and agencies, experienced a 266% spike in appeals cases during Trump’s second term, likely due to a surge in federal job cuts. In 2025, the federal workforce shrank by 317,000 employees, though OPM claims most departures were voluntary through buyouts rather than firings—an assertion not independently verified. This latest proposal would further President Trump’s second-term agenda to reduce the size of the federal workforce while also narrowing employees’ legal options for challenging dismissals. Trump has also weakened job protection enforcement by removing officials from agencies that safeguard civil service rights. Critics argue the proposal consolidates power over personnel disputes within the executive branch, potentially eroding longstanding civil service protections. Trump seeks to limit legal options for fired federal workers | Reuters My column for Bloomberg Tax this week is about tax holidays for data centers–or the folly in offering them. India’s bold new play to become the backbone of global digital infrastructure isn’t just about its headline-grabbing 20-year tax holiday for data centers. The real shift is happening in the fine print—a 15% safe harbor for transfer pricing that removes much of the risk multinationals face when operating across borders. If a company like Microsoft India applies a simple 15% markup on services sold to its U.S. parent, the Indian government agrees not to challenge the pricing. That’s not just a tax break—it’s operational certainty, and it makes India’s offer much more attractive than anything U.S. states currently have on the table. In contrast, American states are still offering scattered subsidies—property tax breaks, zoning perks, utility discounts—without any unified vision or reliable regulatory structure. There’s no equivalent to India’s safe harbor. No clarity on transfer pricing. No coordination across state lines. The result is what I see as economic development policy by improv, where officials hand out incentives like they’re bidding on a sports arena rather than negotiating infrastructure strategy. And what do U.S. taxpayers get in return? A burst of construction, a few permanent jobs, and a long-term commitment to expensive infrastructure upgrades for data centers that don’t meaningfully plug into the local economy. Meanwhile, India is making an offer that fits squarely onto a multinational’s balance sheet—pre-agreed pricing, national alignment, and a clear path to long-term cost savings. I don’t think the solution is to try to beat India at its own game. But if states are going to offer incentives, they need to extract something real in return: energy infrastructure, broadband expansion, or compute resources that benefit the public. Otherwise, they’re just footing the bill for someone else’s global expansion. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

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  4. قبل ٣ أيام

    Legal New for Mon 2/9 - Big Tech on Trial for Addictive Design, Trump's NY/NJ Tunnel Fund Fight, Immigration Detention Without Bond Upheld and Law Firms Battle Executive Orders

    This Day in Legal History: Opium is Prohibited in the US On February 9, 1909, the United States took its first significant federal step toward regulating narcotics when Congress passed a law banning the importation of opium for non-medical purposes. The act, officially titled “An Act to Prohibit the Importation and Use of Opium for Other Than Medicinal Purposes,” marked the beginning of a century-long evolution in American drug policy. While opium had long been associated with addiction and social issues—particularly in Chinese immigrant communities—prior regulation had occurred mostly at the state and local levels. This federal statute aimed to curb both domestic consumption and the growing international trade in opium, which had become a concern for moral reformers, physicians, and public officials. The 1909 law was as much a product of racialized anxieties and diplomatic concerns as it was a health policy. U.S. officials were influenced by the growing global temperance movement and international agreements like those discussed at the International Opium Commission in Shanghai that same year. Domestically, the law paved the way for a broader federal role in drug control, leading to later landmark legislation such as the Harrison Narcotics Tax Act of 1914. It also helped define narcotics as a matter of federal concern rather than simply a moral or local issue. While the 1909 statute was limited in scope—it did not criminalize possession or use, only importation—it established the principle that Congress could regulate substances in the interest of public health and welfare. That principle would be expanded in later decades as the War on Drugs developed. The opium ban illustrates how early 20th-century American legal policy began to intertwine with international diplomacy, race, and evolving conceptions of public health. A landmark trial began this week in a California state court to determine whether Instagram and YouTube can be held liable for allegedly harming a young woman’s mental health through addictive platform design. The plaintiff, a 20-year-old woman identified as K.G.M., claims that Meta (parent company of Instagram and Facebook) and Google (which owns YouTube) designed their platforms in a way that fostered addiction from a young age, contributing to her depression and suicidal ideation. Her legal team argues the companies were negligent, failed to provide warnings, and that the platforms substantially contributed to her psychological harm. A verdict in her favor could open the door for thousands of similar lawsuits currently pending against major tech firms like Meta, Google, Snap, and TikTok. Notably, Snap and TikTok settled with the plaintiff before trial, while Meta CEO Mark Zuckerberg is expected to testify. The defense plans to emphasize external influences in K.G.M.’s life and highlight efforts they’ve made around youth safety. The case challenges longstanding U.S. legal protections under Section 230 of the Communications Decency Act, which generally shields internet companies from liability for user-generated content. However, if the jury accepts the argument that the harm stems from platform design rather than content, it could weaken those defenses. Parallel legal battles are underway, including over 2,300 federal lawsuits and a separate trial in New Mexico where Meta is accused of enabling child sexual exploitation. Instagram, YouTube addiction trial kicks off in Los Angeles | Reuters The Trump administration has appealed a federal court ruling that requires the U.S. Department of Transportation to release frozen funding for the $16 billion Hudson Tunnel Project, which aims to upgrade vital rail infrastructure connecting New York and New Jersey. Judge Jeannette Vargas issued a preliminary injunction ordering the unfreezing of the funds after officials from both states warned that construction would cease due to lack of financing. The administration filed a notice of appeal two days later. The funding had been halted in September pending a review of the project’s adherence to new federal restrictions on race- and sex-based criteria in contracting. According to a source, Trump recently proposed unfreezing the money if Democrats agreed to rename Washington Dulles Airport and New York’s Penn Station after him—an offer that was widely condemned. The Hudson Tunnel, which was damaged during Hurricane Sandy in 2012, remains a critical piece of rail infrastructure, handling over 200,000 passengers and 425 trains each day. The Gateway Development Commission, which oversees the project, expressed readiness to resume work once funding is reinstated. Approximately $2 billion of the $15 billion federal allocation—approved under the Biden administration—has already been spent. Trump administration appeals ruling on releasing New York City tunnel funds | Reuters A divided panel of the U.S. Court of Appeals for the Fifth Circuit upheld the Trump administration’s policy of mandating detention without bond for individuals arrested during immigration enforcement operations. The 2-1 decision is the first appellate ruling to affirm the policy, despite widespread opposition from hundreds of lower-court judges across the country who have deemed it unlawful. The ruling applies to Texas and Louisiana, states that hold the largest populations of immigration detainees. The policy relies on an expanded interpretation of the term “applicants for admission” under federal immigration law. Traditionally applied to individuals arriving at the border, the Department of Homeland Security argued in 2025 that it also applies to undocumented individuals already residing in the U.S. This interpretation was adopted by the Board of Immigration Appeals and made mandatory by immigration judges nationwide. The case before the court involved two Mexican nationals, Victor Buenrostro-Mendez and Jose Padron Covarrubias, who had previously persuaded lower courts they were wrongly denied bond hearings. The appeals court reversed those rulings, with Judge Edith Jones writing that the statute’s plain text supported the administration’s view. Judge Dana Douglas dissented, arguing that the interpretation stretched beyond what Congress intended in the 1996 immigration law. Other circuit courts are expected to weigh in on similar challenges, and the issue may ultimately reach the U.S. Supreme Court. US appeals court upholds Trump’s immigration detention policy | Reuters A federal appeals court has denied the Trump administration’s request to delay proceedings in its appeal to reinstate executive orders targeting four major U.S. law firms. The U.S. Court of Appeals for the D.C. Circuit ruled that the cases—challenging orders against Perkins Coie, WilmerHale, Jenner & Block, and Susman Godfrey—will move forward and be combined with a related appeal involving attorney Mark Zaid’s revoked government security clearance. The Justice Department had sought to postpone the law firm appeals until after the Zaid case was decided, a move that could have delayed resolution for months. But the court rejected that approach, siding with the law firms, which argued they deserved a timely judgment on whether the government unlawfully targeted them. Trump’s executive orders accused the firms of using the legal system against him and criticized their diversity policies, directing the government to strip them of security access and limit their interactions with federal agencies. Four federal judges previously struck down the orders as unconstitutional, finding they violated free speech and due process rights. The administration is now appealing both those rulings and the one involving Zaid. Trump administration loses bid to delay appeals over law firm executive orders | Reuters This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

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  5. قبل ٦ أيام

    Legal News for Fri 2/6 - Trump Draws from Military for Immigration Judges, Karp Connected to Epstein, Uber $8.5m Verdict and Whistleblower Fight over Opioid Funds

    This Day in Legal History: 20th Amendment On February 6, 1933, the 20th Amendment to the U.S. Constitution officially went into effect, reshaping the timeline of federal political power transitions in the United States. Commonly known as the “Lame Duck Amendment,” it was ratified just weeks earlier, on January 23, 1933, but became operative on this day. The amendment moved the inauguration dates of the president and vice president from March 4 to January 20 and newly elected members of Congress from March 4 to January 3. This was a significant reform. Previously, there had been a long delay—about four months—between election and inauguration. The result was a period where outgoing officials retained power despite potentially losing their mandates, often leading to inaction and political stagnation. This was particularly problematic during times of crisis. For example, after Franklin D. Roosevelt won the 1932 election, he had to wait until March to take office while the nation was deep in the throes of the Great Depression, and President Hoover remained largely inactive. The 20th Amendment also clarified procedures for what should happen if the president-elect dies before taking office, a scenario not fully accounted for in earlier constitutional provisions. Section 3 addresses this contingency, while Section 4 gives Congress the authority to legislate procedures for succession and emergencies. By speeding up the transfer of power, the amendment reduced the influence of “lame duck” sessions, promoting a more responsive and democratic governance structure. It also underscored a constitutional shift toward greater efficiency in the federal system. The Trump administration has appointed 33 new immigration judges, 27 of whom are temporary, following the dismissal or departure of over 100 judges since Trump’s return to office in January 2025. This reshaping of the immigration court system is part of a broader push to increase deportations and speed up case processing. The newly sworn-in judges will serve in courts across 15 states, including Texas, California, and New York. A significant number of the appointees have military experience—half of the permanent judges and all of the temporary ones—reflecting a Pentagon-supported effort to deploy Defense Department lawyers into immigration roles. Critics, including the American Immigration Lawyers Association, argue that the mass firings have severely depleted judicial capacity, especially amid a record backlog of 3.2 million pending immigration cases. The administration is also set to introduce a regulation reducing the time migrants have to appeal deportation rulings from 30 to 10 days. This fast-track process would give the Board of Immigration Appeals greater authority to summarily dismiss appeals, a move likely to draw legal challenges given prior rulings against similar reinterpretations of immigration law. Trump administration names 33 new immigration judges, most with military backgrounds | Reuters Brad Karp has stepped down as chairman of Paul, Weiss, Rifkind, Wharton & Garrison LLP following revelations of his extensive correspondence with Jeffrey Epstein. The emails, released by the Department of Justice, revealed years of personal and professional interaction between Karp and Epstein, including Karp’s praise of legal arguments dismissing victims’ claims and discussions about sensitive financial matters involving Epstein’s associates. Though Karp has not been accused of any criminal wrongdoing, the disclosures created internal and public pressure leading to his resignation. Karp will remain at the firm in a non-leadership role, while corporate department head Scott Barshay has assumed the chairmanship. Barshay is known for high-profile mergers, including deals involving Chevron and Anheuser-Busch. Karp had led the firm since 2008, building its revenue significantly and taking on both corporate defense and progressive political causes. The fallout also reignited criticism over Paul Weiss’ controversial 2025 deal with the Trump administration. In that arrangement, Karp brokered pro bono legal commitments in exchange for the rescission of an executive order that limited the firm’s federal work—an effort that involved direct lobbying by Robert Kraft and a meeting with Donald Trump. Epstein emails lead Brad Karp to resign as Paul Weiss law firm chairman | Reuters A federal jury in Phoenix has ordered Uber to pay $8.5 million to Jaylynn Dean, who said she was assaulted by a driver at age 19. The trial, the first of over 3,000 consolidated cases, served as a bellwether to assess the legal strength and settlement value of similar claims. The jury found the driver acted as an agent of Uber, making the company liable, but declined to award punitive damages. Dean’s lawyers argued Uber knowingly failed to implement safety improvements despite rising reports of assaults. The case highlighted Uber’s marketing to women as a safe option, which attorneys said misled passengers about real risks. Dean was intoxicated when she ordered a ride in Arizona in 2023 and was allegedly attacked after the driver stopped the vehicle. Uber denied liability, stating the driver had no criminal record and that the incident was unforeseeable. The company emphasized that it passed background checks and claimed the jury’s decision supported its broader safety efforts, though it plans to appeal. The trial has implications for both Uber and Lyft, whose shares dipped following the verdict. Analysts believe the case may lead to enhanced background screening across the ride-hailing industry. Uber ordered to pay $8.5 million in trial over driver sex assault claims | Reuters A legal fight has emerged between a group of U.S. states and pharmacist T.J. Novak, a whistleblower seeking a portion of the $4.7 billion opioid settlement the states reached with Walgreens. Novak previously filed a federal False Claims Act case accusing Walgreens of unlawfully filling opioid prescriptions and billing government health programs. The U.S. government settled with Walgreens for $300 million, including $150 million tied to Novak’s claims—earning him a whistleblower payout of over $25 million. Novak now argues that the states’ massive 2022 settlement with Walgreens also resolved his state-level claims under their respective false claims statutes, entitling him to additional compensation. The states dispute this, saying their deal addressed public nuisance concerns, not false claims violations. They warn that granting Novak a cut would force courts into a complex and inconsistent analysis across 28 different state laws and could open the door to broad whistleblower entitlements in future state actions. Key states like Rhode Island, North Carolina, and Virginia filed briefs opposing Novak’s claim, stressing the differences in statutory frameworks and the nature of the claims resolved. The outcome could impact future whistleblower litigation involving parallel state and federal claims tied to nationwide corporate settlements. States square off with opioids whistleblower over payout from $4.7 billion Walgreens settlement | Reuters This week’s closing theme is by Felix Mendelssohn. This week’s closing theme is Lied ohne Worte, Op. 109, by Mendelssohn, a composer whose refined lyricism shaped the early Romantic era. Born in 1809, Mendelssohn was a prodigy who bridged Classical form and Romantic expression with grace and clarity. His Lieder ohne Worte—or “Songs Without Words”—are brief piano pieces that aim to convey the emotional depth of a song, but without lyrics. Op. 109, one of the last in the series, is especially introspective and serene, a quiet farewell rendered in music alone. Today, February 6, holds subtle resonance in Mendelssohn’s legacy. Though his death is commonly dated to November 4, 1847, some historical sources using the Julian calendar recorded it as February 6, making this date a quiet point of remembrance in certain circles. In that light, Lied ohne Worte, Op. 109, feels like a particularly appropriate selection—a final musical gesture from a composer who believed some feelings transcend words. It’s also a fitting close to a week of heavy stories—legal struggles, political reshuffling, and institutional reckonings. Mendelssohn offers no commentary, just clarity and calm. In the hush of his music, we’re reminded that reflection doesn’t always need a headline. Without further ado, Lied ohne Worte, Op. 109, by Felix Mendelssohn – enjoy! This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

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  6. ٥ فبراير

    Legal News for Thurs 2/5 - Fulton County Election Record Battle, Jones Day Suit, Abbot's Deadly Glucose Monitor Recall and DOJ "Jump Teams"

    This Day in Legal History: FDR’s Court Packing Plan On February 5, 1937, President Franklin D. Roosevelt proposed the Judicial Procedures Reform Bill of 1937, better known as the “court-packing plan.” This controversial legislation aimed to expand the number of justices on the U.S. Supreme Court from nine to as many as fifteen. Roosevelt’s justification was to improve the efficiency of the judiciary, but the underlying motive was widely understood to be frustration with the Court’s consistent invalidation of New Deal legislation. The plan would have allowed the president to appoint an additional justice for every sitting justice over the age of 70½ who refused to retire. At the time, the Supreme Court had struck down several key components of Roosevelt’s New Deal, including the National Recovery Administration and the Agricultural Adjustment Act. Although Roosevelt had just won re-election in a landslide in 1936, the proposal met immediate and bipartisan resistance in Congress and the press. Critics argued it threatened the separation of powers and judicial independence. Even members of Roosevelt’s own party viewed the move as a dangerous overreach. Ultimately, the bill failed in the Senate. However, the controversy arguably pressured the Court to adopt a more favorable view of New Deal legislation. Justice Owen Roberts’s shift in support of certain New Deal programs came to be dubbed “the switch in time that saved nine.” While Roosevelt did not get to add new justices through his plan, he eventually appointed eight Supreme Court justices over his long presidency, reshaping the Court over time. Georgia’s Fulton County has filed a legal challenge over an FBI seizure of 2020 election records, arguing the search was overly broad and requesting the return of the documents. The motion, filed in federal court, also seeks to unseal the affidavit behind the warrant. The FBI searched the Fulton County Election Hub in Union City on January 28 as part of its investigation into President Donald Trump’s false claims of widespread voter fraud in Georgia during the 2020 election, which Trump lost to Joe Biden. According to the warrant, agents were authorized to confiscate all physical ballots, tabulator tapes, and voter rolls from multiple voting methods. County Commissioner Marvin Arrington Jr. criticized the process, noting the absence of an inventory or orderly transition of records, which raises concerns about potential document loss or tampering. He expressed skepticism about the value of any returned materials under such circumstances. The raid, perceived by local officials as politically motivated, has sparked fears of federal overreach and interference ahead of the 2026 midterms. Georgia’s Fulton County challenges seizure of election records | Reuters Jones Day, a major international law firm, has filed a lawsuit in New York state court against private equity firm Centre Lane Partners and multiple affiliated companies, alleging over $9.6 million in unpaid legal fees. The firm claims it served as Centre Lane’s outside counsel since 2018, providing legal services across litigation, financing, acquisitions, and regulatory matters. Though Centre Lane reportedly had a consistent payment history, Jones Day alleges payments ceased in 2024 despite continued promises. Relying on assurances that payments were forthcoming, Jones Day says it rendered millions more in services, which it now claims were based on false representations. Notably, more than half of the unpaid fees stem from Jones Day’s defense work in an ongoing antitrust case involving a Pennsylvania glass plant closure and an FTC investigation. As of last month, Jones Day began formally withdrawing from representing Centre Lane in active cases, and the law firm Greenberg Traurig has taken over in the antitrust matter. Among the defendants named are Centre Lane portfolio companies, including Anchor Hocking and Corelle Brands. The case remains unassigned in New York’s Supreme Court, with no counsel yet listed for the defendants. Law firm Jones Day sues private equity firm, alleging $9.6 million in unpaid fees | Reuters The U.S. Food and Drug Administration has classified Abbott’s recall of certain glucose monitoring devices as a Class I recall—the most serious level—after the products were linked to seven deaths and 860 serious injuries. The affected devices include specific lots of the FreeStyle Libre 3 and FreeStyle Libre 3 Plus sensors, which have been found to display inaccurately low blood sugar readings. Such faulty readings can lead users to make harmful treatment decisions, such as consuming too many carbohydrates or incorrectly adjusting insulin doses. Abbott disclosed that the devices may provide incorrect readings over extended periods, increasing the risk of serious medical complications for users who rely on continuous glucose data. The recall and its classification signal heightened concern from federal health regulators due to the potential for severe harm or death. As of early January, these issues had already caused significant patient harm. Abbott has not publicly detailed the total number of units affected or the geographic scope of the recall. Abbott recalls glucose sensors after seven deaths linked to faulty readings | Reuters In an exclusive obtained by Bloomberg Law, the U.S. Department of Justice has directed all 93 U.S. attorney’s offices to designate prosecutors for newly formed “emergency jump teams” by February 6. These teams are intended to provide short-term support in jurisdictions experiencing critical events—particularly those involving alleged assaults on or obstruction of law enforcement. The internal memo from DOJ Executive Office Director Francey Hakes outlines the initiative as a rapid-response measure to bolster prosecutorial presence in areas facing urgent demands. The move follows a wave of resignations in the Minneapolis U.S. attorney’s office amid growing discontent over political targeting and controversial assignments, such as a disputed investigation into the widow of a protester killed by an ICE officer. While the memo does not directly mention Minneapolis, it aligns with Trump administration efforts to maintain aggressive law enforcement in left-leaning jurisdictions facing staff shortages. Offices previously affected by similar surges, including Chicago, Los Angeles, and D.C., have also suffered attrition, partly due to repeated grand jury refusals to indict protestors. The memo frames the jump teams not as litigators but as support staff to assist in command operations—handling triage, reviewing legal filings, and managing logistics. The order coincides with overt recruitment of ideologically aligned attorneys, including a public social media call for applicants who support Trump’s anti-crime platform. Additionally, the jump teams will help implement Attorney General Pam Bondi’s December directive to prioritize investigations into leftist groups like antifa. DOJ Orders Emergency Surge Prosecutors From All US Attorneys (2) This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

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  7. ٤ فبراير

    Legal News for Weds 2/4 - Would-be Trump Assassin Sentencing, Senate Scrutinizes Netflix Warner Bros Deal, DOJ Appeal in Google Antitrust Search Battle

    This Day in Legal History: Blockburger On February 4, 1932, the United States Supreme Court decided Blockburger v. United States, 284 U.S. 299 (1932), a case that established an enduring rule in American criminal law known as the Blockburger test. This test is used to determine whether two offenses are sufficiently distinct to permit multiple punishments or prosecutions under the Double Jeopardy Clause of the Fifth Amendment. In the case, the defendant was charged with multiple violations of the Harrison Narcotics Act for selling morphine on different occasions. The legal question was whether he could be prosecuted separately for each sale and for selling without proper prescription and for selling not in the original stamped package, even if these occurred during the same transaction. The Court held that each offense requires proof of a fact the other does not. If that’s the case, then they are distinct for double jeopardy purposes. This became the “same elements” test, sometimes called the Blockburger test, and it remains a key tool for analyzing double jeopardy claims today. Notably, the test doesn’t focus on whether the charges arise from the same conduct or transaction, but on whether each statutory provision requires proof of a fact which the other does not. This legal principle has been cited in thousands of cases, and it continues to shape how prosecutors and courts evaluate overlapping criminal charges. Ryan W. Routh, convicted of attempting to assassinate Donald Trump weeks before the 2024 presidential election, is scheduled for sentencing on Wednesday. Prosecutors are seeking a life sentence, citing months of planning, the use of disguises and multiple cellphones, and Routh’s readiness to kill others to carry out the plot. He was arrested near Trump’s West Palm Beach golf course in September 2024 after fleeing the scene and leaving behind a rifle and gear resembling body armor. At trial, Routh represented himself, making erratic statements and offering little in the way of a legal defense. He was convicted of five charges, including attempted assassination and illegal firearm possession. Routh claims he did not intend to kill Trump and has requested a 27-year sentence along with psychological treatment. The incident was the second assassination attempt on Trump during the campaign season. Prosecutors emphasized that Routh’s actions could have succeeded had it not been for Secret Service intervention. Following the verdict, Routh attempted to stab himself with a pen in court and had to be restrained. Trump praised the conviction, calling Routh “an evil man with an evil intention.” Man convicted of attempting to assassinate Trump to be sentenced | Reuters Netflix Co-CEO Ted Sarandos faced sharp questioning from U.S. senators over the company’s proposed $82.7 billion acquisition of Warner Bros Discovery, a deal that could reshape the streaming and entertainment landscape. At a Senate antitrust hearing led by Republican Mike Lee, lawmakers from both parties expressed concern that the merger could reduce competition, limit job opportunities for entertainment workers, and reduce content diversity. Lee warned the deal might let Netflix dominate streaming and steer major Warner Bros franchises away from theaters or rivals. Sarandos defended Netflix’s position, citing competition from platforms like YouTube, though senators noted YouTube’s ad-based model differs from subscription services. The Department of Justice is currently reviewing the merger alongside a competing bid from Paramount Skydance. Paramount’s proposal faces financing challenges, and its CEO, David Ellison, has ties to Donald Trump, raising political questions. Democratic Senator Cory Booker questioned Sarandos on whether Trump would influence the deal’s approval, a notion Sarandos said he couldn’t confirm. Sarandos argued that all viewing time on television is in direct competition, but senators remained skeptical of Netflix’s claims that its competition includes ad-supported platforms. The hearing reflects broader unease about consolidation in streaming, and the DOJ’s decision will ultimately shape the industry’s direction. Netflix co-CEO faces grilling by US Senate panel over Warner Bros deal | Reuters The U.S. Department of Justice and a majority of state attorneys general are appealing a major antitrust ruling in the case against Google over its dominance in the online search market. Although a federal judge previously determined that Google held a monopoly, he declined to impose significant structural remedies, such as requiring Google to sell its Chrome browser or stop paying Apple to make Google the default search engine on Apple devices. The government’s appeal is expected to target this leniency. Google is also appealing the ruling and has requested a delay in compliance with the judge’s order to share certain data with competitors while the appeals process is ongoing. The case, originally filed in 2020, marks one of the most significant antitrust challenges against a tech company in decades. The court noted that newer players like OpenAI have recently emerged, potentially altering the competitive landscape. The ruling was widely viewed as a partial win for Google, frustrating regulators who had hoped for broader changes to curb the company’s influence in digital advertising and search. The appeal signals continued government efforts to pursue more aggressive antitrust enforcement in the tech sector. US files appeal in Google search antitrust case | Reuters This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

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  8. ٣ فبراير

    Legal News for Tues 2/3 - Offshore Wind Drama Continues, DOJ Probes Pretti Murder, VW/Audi Tariff-caused Retreat from US and CA's Stalled Mileage Tax Reform

    This Day in Legal History: Fifteenth Amendment Ratified On February 3, 1870, the Fifteenth Amendment to the United States Constitution was ratified, marking a pivotal moment in American legal history. The amendment prohibits federal and state governments from denying a citizen the right to vote based on “race, color, or previous condition of servitude.” Its ratification was the third and final of the Reconstruction Amendments, following the Thirteenth (abolishing slavery) and Fourteenth (guaranteeing equal protection and due process) Amendments. The Fifteenth Amendment was a direct response to the systemic disenfranchisement of Black Americans in the post-Civil War South. While it granted a legal foundation for Black men’s suffrage, implementation faced immediate resistance. Southern states adopted literacy tests, poll taxes, grandfather clauses, and other discriminatory practices to circumvent the amendment and suppress Black political participation. Despite its passage, the amendment’s guarantees would not be meaningfully enforced until the passage of the Voting Rights Act of 1965, nearly a century later. The legal battles stemming from the Fifteenth Amendment’s promise have shaped much of the country’s voting rights jurisprudence and continue to echo in current debates about voter ID laws, redistricting, and access to the ballot box. A U.S. federal judge is set to hear arguments on February 5 regarding Danish company Ørsted’s request to lift the Trump administration’s pause on its offshore Sunrise Wind project near Long Island, New York. Ørsted has asked for a preliminary injunction, warning that without a decision by February 6, it could lose access to a specialized vessel crucial for cable installation, putting the project’s timeline, financial viability, and even survival at risk. The Interior Department halted five offshore wind projects in December, citing newly obtained, classified national security concerns, particularly radar interference. Ørsted’s filing states the company has already committed over $7 billion to the Sunrise Wind project, which is about 45% complete and projected to power nearly 600,000 homes by October. Judge Royce Lamberth, who previously granted an injunction for Ørsted’s Revolution Wind project off Rhode Island, will preside over the case. Four similar wind developments have already won legal relief allowing construction to continue during litigation. The ongoing delays reflect broader tensions between offshore wind expansion and the Trump administration’s skepticism of the technology, as well as evolving security concerns. US judge to consider last project challenge to Trump offshore wind pause | Reuters The U.S. Department of Justice has launched a civil rights investigation into the fatal shooting of Alex Pretti, a 37-year-old ICU nurse, by federal immigration agents in Minneapolis. Pretti was killed during an enforcement operation that has since drawn national outrage and led the Trump administration to alter its tactics in Minnesota. Deputy Attorney General Todd Blanche said the FBI is conducting a preliminary review, with potential involvement from the DOJ’s Civil Rights Division, though he emphasized that the investigation is still in early stages. Video footage verified by Reuters shows Pretti being tackled by agents while holding a phone, and an officer retrieving a firearm from his body just before shots were fired. The Justice Department said a formal criminal civil rights probe would only proceed if the evidence supports it. Local officials have voiced distrust of the federal response and are conducting their own inquiry. Pretti is the second protester killed by federal agents in Minneapolis this month, and his family, represented by attorney Steve Schleicher, is demanding a transparent and impartial investigation. So far, no similar federal probe has been opened into the earlier shooting of Renee Good by an ICE officer. US Justice Dept opens civil rights probe into Alex Pretti shooting, official says | Reuters In this week’s column for Bloomberg Tax, I argue that Volkswagen’s decision to cancel plans for a new Audi plant in the U.S. highlights the limitations of using tariffs as a cornerstone of industrial policy. The assumption underpinning tariff-heavy strategies is that the U.S. market is irresistible enough to force global firms to onshore production, even as tariffs erode that market’s size and appeal. Tariffs have come to function like sin taxes—meant to discourage consumption—but unlike cigarettes or soda, the goal with trade policy is not abstention, but investment and economic engagement. Instead, firms like VW are responding by pulling back, as higher costs reduce consumer demand and make U.S. market share too small to justify large-scale investment. The belief that global manufacturers can swiftly build U.S. capacity ignores the time, cost, and uncertainty involved, especially in capital-intensive sectors. VW’s exit is rational: it doesn’t make financial sense to break ground on a multibillion-dollar plant when the target market is shrinking and returns are questionable. Policymakers need to move beyond blunt tools and design trade incentives based on real market data, such as U.S. demand and potential return on investment. That means requiring ROI modeling before tariffs are imposed, and asking whether the targeted company has enough exposure to be moved by them. If the answer is no, we risk losing access to competitive products, jobs, and consumer choice—not gaining them. Trade policy should be surgical, not punitive, and should acknowledge that capital follows incentives, not threats. In a piece I wrote for Forbes late last week, and with apologies for a double dose of me today: I examined California’s long-running flirtation with a mileage-based tax to replace its declining gas tax revenues—and how what began as a test program has quietly become a form of policymaking through delay. In 2014, the state authorized a pilot program to study a “road usage charge,” a per-mile fee designed to keep transportation funding solvent as gas consumption drops. That pilot wrapped up in 2017 and showed the system works: vehicles can be tracked, billing can be simulated, and the technical challenges are manageable. But nearly a decade later, no mileage tax has been implemented, and new legislation—AB 1421—would extend the advisory committee until 2035. The real issue now isn’t feasibility but political avoidance. The state has drifted into a passive strategy where permanent pilots and advisory boards take the place of real decisions. This kind of inertia has a name: policy drift—when the law remains formally unchanged, but materially obsolete. California’s ongoing study phase has become a way to defer a difficult conversation about revenue and equity in a post-gasoline economy. The technology exists, and other states have already tested it. What’s missing is political will and public engagement. AB 1421 doesn’t collect revenue or educate voters—it simply extends the status quo under the guise of preparation. From the outside, it looks like planning. In practice, it’s a weather balloon designed to measure political tolerance, not policy readiness. California Mileage Tax—Pilot Programs And Permanent Policy Inertia This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

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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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