Minimum Competence

Andrew and Gina Leahey
Minimum Competence

The idea is that this podcast can accompany you on your commute home and will render you minimally competent on the major legal news stories of the day. The transcript is available in the form of a newsletter at www.minimumcomp.com. www.minimumcomp.com

  1. 6小时前

    Legal News for Thurs 3/6 - SCOTUS Blocks Trump's Foreign Aid Freeze, Hospitals Suing Blue Cross, TX Fights Against Nuclear Waste Storage

    This Day in Legal History: Dred Scott Decided On March 6, 1857, the U.S. Supreme Court issued its infamous ruling in Dred Scott v. Sandford, a decision that deepened national tensions over slavery. The Court held that Dred Scott, an enslaved man who had lived in free territories, was not a U.S. citizen and therefore had no legal standing to sue for his freedom. In a sweeping opinion by Chief Justice Roger B. Taney, the Court went further, declaring that Congress had no power to prohibit slavery in federal territories. This effectively struck down the Missouri Compromise of 1820, which had restricted the spread of slavery in certain parts of the country. The ruling was celebrated in the South but outraged abolitionists and many in the North, who saw it as an alarming expansion of pro-slavery power. The Dred Scott decision is widely regarded as one of the worst in Supreme Court history, as it denied citizenship and legal protections to Black Americans. It also emboldened pro-slavery forces while further alienating the growing anti-slavery movement. The backlash contributed to the intensifying sectional divide that would lead to the Civil War just four years later. During the war, President Abraham Lincoln and Congress took steps to undermine the decision, culminating in the passage of the 13th and 14th Amendments. These amendments abolished slavery and established birthright citizenship, directly overturning Dred Scott. Today, the case stands as a stark reminder of how the law has been used to uphold racial injustice—and how later legal reforms can correct such profound wrongs. The U.S. Supreme Court ruled 5-4 against President Donald Trump's effort to withhold payments from foreign aid organizations for work already completed. The decision upheld an order by U.S. District Judge Amir Ali, requiring the government to release nearly $2 billion in funds owed to contractors and grant recipients under USAID and the State Department. Chief Justice John Roberts and Justice Amy Coney Barrett joined the Court’s liberal justices to form the majority, while four conservative justices dissented. The Trump administration had paused all foreign aid on January 20, citing an “America First” agenda, which disrupted humanitarian efforts worldwide. Aid organizations sued, arguing Trump exceeded his authority by defunding programs approved by Congress. The administration contended that enforcing payments without proper review amounted to judicial overreach. Despite Ali’s repeated orders, the administration largely kept the funds frozen, prompting legal battles over compliance. Plaintiffs warned that continued delays would cause “extraordinary and irreversible harm” to millions relying on aid. The Supreme Court did not provide a rationale for its order but instructed Ali to clarify compliance obligations. A hearing is scheduled for March 7 to determine the next steps. US Supreme Court won't let Trump withhold payment to foreign aid groups | Reuters Dozens of U.S. hospital systems and healthcare providers have filed lawsuits against Blue Cross Blue Shield, alleging the insurer underpaid them by billions. These providers chose to opt out of a $2.8 billion class-action settlement in Alabama, which is awaiting final approval. The new lawsuits, filed in federal courts in California, Illinois, and Pennsylvania, argue that Blue Cross and its affiliates conspired to divide the market, reducing competition and driving down reimbursement rates in violation of antitrust laws. Plaintiffs, including Bon Secours Mercy Health and Temple University Health, believe they could recover more through individual lawsuits than the settlement. Blue Cross has denied wrongdoing and declined to comment. The final approval hearing for the Alabama settlement is scheduled for July 29. This litigation follows a separate $2.7 billion antitrust settlement in 2020 for commercial and individual subscribers, which the U.S. Supreme Court upheld last year. Some large companies also opted out of that settlement to pursue their own claims. Hospitals line up to sue Blue Cross, opting out of $2.8 bln settlement | Reuters The U.S. Supreme Court heard arguments on whether the Nuclear Regulatory Commission (NRC) has the authority to license temporary nuclear waste storage sites, a case brought by Texas and oil industry interests. The dispute centers on a facility in western Texas, licensed by the NRC in 2021, which opponents argue poses environmental and security risks. Some conservative justices questioned whether "temporary" storage could last indefinitely, undermining efforts to establish a permanent waste site. Liberal justices focused on whether the plaintiffs had legal standing, as they did not initially challenge the NRC's decision through the agency's process. The case follows past failures to establish a permanent nuclear waste site at Yucca Mountain, Nevada, despite significant federal investment. The 5th U.S. Circuit Court of Appeals previously ruled the NRC lacked authority under the Atomic Energy Act, prompting the Biden administration to appeal—a move continued under Trump. A decision is expected by June. US Supreme Court hears Texas nuclear waste storage dispute | 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

    5 分钟
  2. 1天前

    Legal News for Weds 3/5 - Trump Lies in Primetime, Cantor Fitzgerald Owes Taxes, Rising Threats Against Judges and Senate to Scrutinize EPA Nominees ... Maybe

    This Day in Legal History: Nuclear Non-Proliferation Treaty On March 5, 1970, the Nuclear Non-Proliferation Treaty (NPT) officially took effect, marking a major milestone in global efforts to prevent the spread of nuclear weapons. The treaty, first opened for signatures in 1968, was ratified by 43 nations and established a framework based on three core principles: non-proliferation, disarmament, and the peaceful use of nuclear energy.  Under its terms, nuclear-armed states agreed not to transfer nuclear weapons or technology to non-nuclear states, while non-nuclear countries pledged not to pursue nuclear weapons. In return, signatories were guaranteed access to nuclear energy for peaceful purposes, such as power generation and medical research. The treaty also called for eventual nuclear disarmament, though progress on this front has been slow and uneven. The NPT has since become one of the most widely adhered-to arms control agreements, with 191 countries now party to it. However, key states like India, Pakistan, and Israel never joined, while North Korea withdrew in 2003. The treaty’s effectiveness has been challenged by nuclear programs in states like Iran and North Korea, as well as concerns over compliance by nuclear-armed signatories. Despite these challenges, the NPT is reviewed every five years at Review Conferences, where nations assess progress and negotiate future commitments. The treaty remains central to international non-proliferation efforts, balancing national security interests with the goal of reducing nuclear threats worldwide. In his primetime address to Congress, President Donald Trump defended his aggressive tariff policies, claiming they would generate significant revenue and restore economic balance. He downplayed concerns over rising consumer prices, characterizing them as a temporary inconvenience. While Trump briefly addressed inflation, blaming high costs on his predecessor, he provided few concrete solutions. Instead, he focused on politically charged topics like immigration and cultural issues, declaring an end to "wokeness." His speech coincided with growing economic concerns, including stagnating factory activity and declining consumer confidence, while markets reacted negatively to escalating trade tensions. New tariffs on Canada, Mexico, and China sparked fears of inflation and economic slowdown, though his administration suggested potential relief for North American allies. Trump also called for the repeal of the Chips Act, arguing tariffs were more effective in boosting domestic industry. He promoted energy independence but proposed long-term projects unlikely to have an immediate impact. Meanwhile, his executive actions have rapidly reshaped government policies, sparking bipartisan concerns. The speech underscored Trump’s efforts to push his economic agenda while navigating political and economic challenges. Trump Hails Tariffs as US Economy Barrels Into Trade Wars The U.S. Tax Court ruled that a $3.1 million grant given to a Cantor Fitzgerald subsidiary after the Sept. 11 attacks is taxable income. The grant, provided in 2007 through New York City's World Trade Center Job Creation and Retention Program, was meant to help businesses recover, but the court determined it did not qualify as a tax-exempt gift or disaster aid. Despite this, the court waived $211,000 in penalties, acknowledging the complexity of tax laws at the time. Cantor Fitzgerald, which lost 658 employees in the World Trade Center attacks, had argued the funds should not be considered taxable, citing past Supreme Court rulings. However, Judge Kathleen M. Kerrigan found that the payments were not an act of disinterested generosity but an effort to stimulate economic recovery. The IRS had initially determined in 2007 that the company owed about $1.1 million in taxes for not reporting the grant on its tax returns. While Cantor Fitzgerald contested the classification, the court upheld the IRS’s position, reinforcing that government aid programs do not automatically qualify for tax exemption. Cantor Fitzgerald's Sept. 11 Relief Grant Deemed Taxable Income Federal judges are facing an increase in threats as Elon Musk and Trump allies intensify their attacks on the judiciary over rulings that hinder White House policies. The U.S. Marshals Service has warned judges about heightened security risks, especially as Musk has repeatedly criticized judges on his social media platform, calling them “corrupt” and “evil.” Some judges have received anonymous deliveries, like pizzas, in what authorities see as intimidation tactics. Musk’s posts, along with calls from Republican lawmakers to impeach certain judges, have coincided with a rise in violent threats, particularly against judges who have blocked parts of the administration’s plans to cut government jobs and aid programs. One judge, Amir Ali, received death threats after ruling against a Trump executive order, with online users calling for his execution. The American Bar Association and the Federal Judges Association have condemned these attacks, warning that continued intimidation could undermine judicial independence. Since 2020, threats against federal judges have more than doubled, and legal experts caution that targeting judges for their rulings could destabilize the rule of law. Exclusive: Judges face rise in threats as Musk blasts them over rulings | Reuters Two Trump EPA nominees are facing Senate scrutiny over the agency’s possible plan to roll back the 2009 “endangerment finding,” which forms the legal basis for regulating greenhouse gas emissions under the Clean Air Act. The nominees, Aaron Szabo and David Fotouhi, would oversee efforts to reverse this finding, which has supported climate regulations on power plants and vehicle emissions. EPA Administrator Lee Zeldin has recommended reconsidering the finding to the White House, though details remain undisclosed. While the Supreme Court’s 2007 ruling in Massachusetts v. EPA confirmed greenhouse gases as air pollutants, the 2022 Inflation Reduction Act further solidified the EPA’s authority. However, the EPA under Trump previously avoided overturning the rule due to industry resistance. Some industry groups, like the Edison Electric Institute, have expressed reliance on EPA authority for emissions regulation, while automakers have yet to take a position. Zeldin acknowledged the EPA’s authority to regulate greenhouse gases but suggested it is not obligated to do so, fueling debate over the agency’s future climate policies. Top EPA nominees face Senate scrutiny over plan to undo key climate finding | 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 分钟
  3. 2天前

    Legal News for Tues 3/4 - Lawsuit Challenges Trump's Discriminatory Attacks on Haitians and Venezuelans, SEC Drops Case Against Kraken, Mobile Worker Tax Hellscape

    This Day in Legal History: Abraham Lincoln Inaugurated  On March 4, 1861, Abraham Lincoln was inaugurated as the 16th president of the United States, taking office at a time of immense national turmoil. Seven Southern states had already seceded from the Union, and the country teetered on the brink of civil war. In his inaugural address, Lincoln struck a careful balance between firmness and conciliation, stating that while he had no intention to interfere with slavery where it existed, he would also not allow the Union to be dissolved. He appealed to the South’s “better angels” and warned that secession was unlawful, emphasizing that the Constitution was designed to create “a more perfect Union.” This speech set the tone for a presidency marked by Lincoln’s deep empathy for the downtrodden and his capacity for personal growth.   Often celebrated for his moral clarity, Lincoln was also a leader willing to change his mind when confronted with new information. As the Civil War progressed, his views on slavery evolved, culminating in the Emancipation Proclamation in 1863. He once said, “I shall adopt new views as fast as they shall appear to be true views,” an acknowledgment of his willingness to adapt when justice demanded it. This intellectual humility was one of his greatest strengths, allowing him to navigate the unprecedented crisis before him. His presidency, which began on this day, would redefine the nation’s understanding of freedom, democracy, and leadership. Lincoln’s presidency saw the transformation of a man as much as a nation. When he first took office, he publicly questioned the intellectual equality of Black people and initially supported only limited measures to restrict slavery’s expansion. However, as the war unfolded and he engaged with Black leaders like Frederick Douglass, Lincoln’s views evolved dramatically. By the end of the conflict, he not only issued the Emancipation Proclamation but also argued for Black suffrage, stating in his final speech that he believed Black men deserved the right to vote. He also expressed openness to women’s suffrage, a radical position for the time. That April 11, 1865, speech, in which he publicly called for Black enfranchisement, enraged John Wilkes Booth, who declared, “That is the last speech he will ever make!” Three days later, Booth made good on his threat, assassinating Lincoln at Ford’s Theatre. Lincoln’s first inauguration marked the beginning of a journey that would not only reshape his own beliefs but also alter the course of American history—at the cost of his life and those of 400,000 of his fellow Americans. Immigrant rights groups have filed a lawsuit challenging the Trump administration’s decision to end Temporary Protected Status (TPS) for Haitian and Venezuelan migrants. The lawsuit, brought in Boston federal court, opposes Homeland Security Secretary Kristi Noem’s move to accelerate the expiration of deportation protections and work permits for 521,000 Haitians by August. This reverses the Biden administration’s previous extension of TPS for Haiti through February 2026. A similar decision was made for Venezuelan TPS recipients, with protections ending as early as April 2 for 348,000 individuals, a move already facing separate legal challenges. The lawsuit, filed by advocacy groups and individual migrants, argues that DHS lacked the authority to revoke an existing TPS extension and acted based on racial bias and political motivations. It cites past disparaging remarks by Trump about Haitian and Venezuelan immigrants as evidence of discrimination, alleging violations of the Fifth Amendment’s equal protection guarantees. The Department of Homeland Security has not yet responded. By way of brief background, the lawsuit claims the administration’s actions violate the Fifth Amendment’s guarantee of equal protection. While the Fourteenth Amendment explicitly provides equal protection against state discrimination, the Fifth Amendment has been interpreted to extend similar protections against federal government actions. Plaintiffs argue that the abrupt termination of TPS disproportionately harms Haitian and Venezuelan migrants and is driven by racial and ethnic bias rather than lawful considerations. Lawsuit challenges Trump's end to Haitian, Venezuelan deportation protections | Reuters Kraken announced that the U.S. Securities and Exchange Commission (SEC) has agreed in principle to dismiss its lawsuit accusing the cryptocurrency exchange of operating as an unregistered securities exchange. The dismissal, which comes with no admission of wrongdoing, penalties, or required business changes, is with prejudice, preventing the SEC from refiling the case. Kraken criticized the lawsuit as a politically motivated effort by the Biden administration that hindered innovation. The SEC, which had sued Kraken in 2023 under former Chair Gary Gensler’s leadership, has shifted its approach to crypto regulation since Trump’s return to office. Recently, the agency also dropped a similar case against Coinbase and is considering settling a civil fraud case against Justin Sun. The lawsuit had accused Kraken of facilitating crypto trades without proper regulatory compliance, but the company maintained that crypto assets do not fall under traditional securities laws.In legal terms, a dismissal with prejudice means the case is permanently closed and cannot be refiled. This is significant for Kraken because it ensures the SEC cannot bring the same claims against the company in the future. This type of dismissal often indicates that the plaintiff (in this case, the SEC) has decided not to pursue the matter further due to legal weaknesses or shifting priorities. Kraken says SEC to dismiss lawsuit | Reuters My column for Bloomberg Tax this week focuses on the Multistate Tax Commission’s (MTC) proposed rule aimed at simplifying tax compliance for mobile workers. While the proposal is a step in the right direction—creating a safe harbor for those working in nonresident states for 20 days or fewer—it doesn’t go far enough to address the real burdens faced by workers and businesses. To make the rule truly effective, I argue that three key modifications are needed: increasing the safe harbor threshold to 30 days, implementing an income-based sliding scale, and eliminating arbitrary carve-outs for certain high-income professionals. Currently, 41 states impose income tax on nonresidents, with some—like Arkansas and Delaware—triggering tax obligations after just one day of work. This creates a compliance nightmare for mobile workers, who may have to file multiple state tax returns for short business trips. The MTC’s 20-day threshold is an improvement, but expanding it to 30 days would better align with existing state policies and recommendations from tax advocacy groups. Additionally, the MTC’s one-size-fits-all approach fails to differentiate between income levels. A sales rep earning $50,000 a year and a hedge fund manager making $5 million shouldn’t be treated the same. A sliding scale—offering a longer grace period for lower-income earners while maintaining stricter thresholds for high-income, highly mobile workers—would make compliance fairer and more practical. Pegging the income thresholds to inflation would further ensure middle-class workers aren’t disproportionately impacted over time. Finally, the proposal’s exclusion of professional athletes, entertainers, and undefined “persons of prominence” is problematic. These individuals are denied the safe harbor, while a high-earning executive or consultant would benefit from it. The distinction isn’t based on income but on profession, creating an arbitrary and inconsistent standard. If fairness and clarity are the goals, the MTC should remove these exceptions. With states actively debating mobile workforce tax reforms and Congress failing to pass a federal solution for nearly two decades, now is the time to get this right. Expanding the threshold, implementing an income-based scale, and removing unfair carve-outs would make the rule more equitable and increase the likelihood of state adoption. 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 分钟
  4. 3天前

    Legal News for Mon 3/3 - Judge Blocks Trumps' Anti-Trans Restrictions, Ruling Against Trump and His Watchdog Firing and an ACLU Lawsuit Over Migrant Transfers to Cuba

    This Day in Legal History: Belva Lockwood Admitted to SCOTUS On March 3, 1879, Belva Lockwood shattered a major legal barrier by becoming the first woman admitted to practice before the United States Supreme Court. A pioneering attorney and women's rights advocate, Lockwood had faced repeated obstacles in her legal career simply because of her gender. After being denied admission to the Supreme Court bar multiple times, she successfully lobbied Congress to pass a law allowing qualified female attorneys to argue cases before the nation's highest court. With President Rutherford B. Hayes signing the bill into law, Lockwood was finally sworn in, marking a historic step toward gender equality in the legal profession. Lockwood wasted no time in making use of her hard-won status. In 1880, she became the first woman to argue a case before the Supreme Court, representing a Cherokee Nation land claim in United States v. Cherokee Nation. Her success paved the way for future generations of female attorneys, proving that women could handle complex legal issues at the highest levels. Beyond her legal career, Lockwood also made history as one of the first women to run for U.S. president, campaigning in 1884 and 1888. Her groundbreaking achievements challenged the deeply entrenched biases of her time and expanded opportunities for women in law and politics. A federal judge in Seattle has extended an order blocking the Trump administration from withholding federal funding from medical providers in four Democratic-led states—Colorado, Minnesota, Oregon, and Washington—that offer gender-affirming care to transgender youth under 19. Judge Lauren King ruled that Trump’s executive orders were unconstitutional, as they interfered with Congress' authority to allocate federal funds and violated the Fifth Amendment’s equal protection guarantee by discriminating based on sex or transgender status. One of Trump’s orders, issued on his first day in office, mandated that the federal government recognize only two biologically distinct sexes and barred grant funds from supporting "gender ideology." King criticized this move, stating it aimed to erase transgender individuals from federal recognition.  A temporary restraining order was previously issued on February 14 while the judge considered a longer-term injunction. Another federal judge in Maryland has also temporarily halted Trump’s orders nationwide. The lawsuit follows a second executive order from Trump that prohibits federal funding for gender transitions for minors. More than half of U.S. states have passed laws restricting gender-affirming care, and a pending Supreme Court case involving Tennessee’s ban could set a national precedent. US judge further blocks Trump's order curbing youth gender-affirming care | Reuters A U.S. judge has ruled that President Donald Trump's firing of Hampton Dellinger, the head of the Office of Special Counsel, was illegal, setting up a potential Supreme Court battle over presidential authority. Judge Amy Berman Jackson determined that allowing Trump to remove Dellinger would give him excessive power to pressure federal officials. The Justice Department has already filed an appeal. Dellinger, appointed by President Biden for a five-year term, oversees whistleblower protections and ethics investigations for federal employees. Jackson rejected the Trump administration’s argument that keeping him in place undermines presidential authority, emphasizing that the Special Counsel’s role is designed to function independently. The case is part of Trump's broader effort to limit the autonomy of federal agencies, including the FTC and SEC. While Jackson called her ruling “extremely narrow,” the outcome could shape future limits on executive power. Meanwhile, Trump’s legal team argues that Dellinger’s continued role disrupts government operations, citing his recent intervention to prevent the firing of six federal employees. US judge declares Trump's firing of watchdog agency head illegal | Reuters The ACLU has filed a lawsuit to stop the Trump administration from transferring 10 migrants from the U.S. to Guantanamo Bay, Cuba, arguing that the move violates immigration law and serves no legitimate purpose. The detainees, from Venezuela, Bangladesh, Pakistan, and Afghanistan, have final deportation orders but are not classified as high-risk criminals. The lawsuit describes harsh conditions at Guantanamo, including extreme isolation, verbal and physical abuse, and suicide attempts among detainees. Homeland Security officials defended the transfers, claiming only the "worst of the worst" are sent there, though reports indicate some have no criminal records. A previous court order blocked the transfer of Venezuelan migrants to Guantanamo, but they were instead deported to Venezuela. The lawsuit is part of broader legal battles over Trump’s immigration policies, including efforts to end Biden-era parole programs for migrants with U.S. sponsors. Another lawsuit was also filed against Panama in the Inter-American Commission on Human Rights, challenging the detention of migrants there. ACLU sues to block migrant transfers to Guantanamo, alleging 'degrading conditions' | 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

    5 分钟
  5. 6天前

    Legal News for Fri 2/28 - KPMG Law Firm, CFPB Drops Cases Against Financial Firms, Judge Orders DGE Testimony and Ruling Blocks Federal Job Cuts

    This Day in Legal History: Reichstag Fire Decree On February 28, 1933, German President Paul von Hindenburg issued the Reichstag Fire Decree, formally known as the Presidential Decree for the Protection of People and State. The decree was a direct response to the Reichstag fire the night before, which the Nazi Party blamed on Communists. It suspended key civil liberties, including freedom of speech, press, assembly, and protection from unlawful detention. The decree also allowed warrantless arrests and indefinite imprisonment of political opponents.  Using this power, the Nazis swiftly arrested thousands of Communists, Socialists, and other adversaries. The decree marked the legal foundation of Nazi repression and paved the way for the Enabling Act, passed on March 23, which granted Hitler dictatorial powers. By July 14, 1933, the Nazis had criminalized all political opposition, establishing a one-party state. The decree remained technically in effect throughout Nazi rule, providing a legal cover for widespread persecution. It exemplified how emergency powers, once enacted, can be used to erode democracy rather than protect it. KPMG has received approval to practice law in Arizona, making it the first Big Four accounting firm to do so in the U.S. However, due to legal prohibitions, the firm cannot offer legal services to its audit clients, limiting its potential customer base. Despite this restriction, KPMG expects to attract many new clients rather than shedding existing ones. The Arizona Supreme Court’s approval aligns with its goal of increasing access to legal services, but it also introduces a well-funded competitor to traditional law firms. Other Big Four firms like Deloitte, PwC, and EY may eventually follow suit. While U.S. regulations bar auditors from providing legal services to public company clients, Arizona’s decision opens opportunities in the non-audit market. KPMG plans to focus on services complementing traditional legal work, such as contract management and supply chain restructuring. The firm must maintain an internal compliance program, overseen by attorney David Rizzo, and submit biannual reports to the state. With consulting already a major revenue stream, KPMG sees legal services as a way to expand further, particularly through technological advancements like AI. KPMG Must Pivot Around Audit Clients in Creating US Law Practice The Trump administration's Consumer Financial Protection Bureau (CFPB) has dropped five enforcement cases against financial institutions, including a major lawsuit against Capital One over $2 billion in alleged illegal interest charges. Other dismissed cases involved student loan servicer PHEAA, Vanderbilt Mortgage, Rocket Homes, and Heights Finance, all of which had been accused of various predatory lending and mortgage fraud practices. The move significantly weakens the agency’s legal actions against financial firms investigated for consumer abuse. The mass dismissals coincide with Trump’s broader effort to dismantle the CFPB, an agency he has long opposed. His nominee for CFPB director, Jonathan McKernan, testified before the Senate, promising to enforce consumer protection laws but criticizing past enforcement as excessive. Meanwhile, Trump's administration has fired CFPB staff, shut down its Washington offices, and attempted to cancel its lease, though legal challenges have temporarily halted further layoffs. Consumer advocates, including Public Citizen and the Consumer Federation of America, condemned the dismissals, warning they encourage financial misconduct. The CFPB now has fewer than 20 active cases, with several likely to be paused under new leadership. While McKernan claims he will follow the law, critics fear a watered-down agency unable to protect consumers from financial abuses. Trump admin drops 5 consumer watchdog cases, including Capital One | Reuters A federal judge has ordered the Department of Government Efficiency (DGE) to provide a representative for a deposition regarding its authority, structure, and operations. The ruling by U.S. District Judge John Bates also requires the Trump administration to produce documents and answer questions in a lawsuit brought by labor unions and nonprofits. The plaintiffs seek to block DGE’s access to systems at three federal agencies, citing concerns over transparency and legality. The Justice Department opposed the order, but Bates ruled that critical details about DGE remain unclear. While he allowed questioning on DGE’s access to personal data, he limited inquiries into trade secrets or other confidential business records. The judge also set an eight-hour cap on questioning representatives from DGE and the agencies. Bates previously denied an immediate restraining order blocking DGE’s access, stating the plaintiffs had not yet proven legal violations. Meanwhile, the White House recently disclosed that Elon Musk is not the actual administrator of DGE, contradicting earlier claims by Trump. Other lawsuits challenging DGE’s legality and access to government records remain ongoing. Judge Orders Musk’s DOGE, Agency Staff to Testify in Lawsuit A federal judge in California has temporarily blocked the Trump administration from ordering mass firings of probationary federal employees at agencies like the Department of Defense and National Oceanic and Atmospheric Administration (NOAA). U.S. District Judge William Alsup ruled that the Office of Personnel Management (OPM)lacks the authority to direct agencies to fire workers, contradicting administration claims that it was merely issuing guidance. Trump, backed by Elon Musk’s Department of Government Efficiency, has sought to slash federal jobs as part of a broader plan to cut $1 trillion from the national budget. The layoffs have drawn opposition from Democrats, unions, and government employees, who argue they are illegal and threaten essential government functions, including veterans’ services, scientific research, and national parks. While 5,400 Defense Department employees are still set to be fired, Alsup ordered OPM to rescind memos directing mass layoffs. The ruling is temporary while the legal challenge proceeds, with plaintiffs arguing OPM violated administrative law by issuing directives outside its authority. Meanwhile, Trump’s administration continues to push for deeper federal workforce cuts, with agencies required to submit reduction plans by March 13. US judge halts Trump administration's calls for mass firings at agencies | 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

    13 分钟
  6. 2月27日

    Legal News for Thurs 2/26 - Lawsuits Over Musk's Role in DGE, SCOTUS Case on Reverse Discrimination, Legal Risks of Designating Cartels Terrorists and Trump Targets DSTs

    This Day in Legal History: 22nd Amendment to the US Constitution  On February 27, 1951, the 22nd Amendment to the U.S. Constitution was ratified, formally limiting the president to two terms in office. This amendment was a direct response to Franklin D. Roosevelt’s unprecedented four-term presidency, which spanned the Great Depression and World War II. Before Roosevelt, no president had served more than two terms, following the precedent set by George Washington. However, there was no constitutional restriction preventing a president from seeking additional terms.   Roosevelt’s long tenure raised concerns about excessive executive power and the potential for an elected leader to hold office indefinitely. After his death in 1945, Congress moved to ensure that no future president could serve more than two terms. The amendment was passed by Congress in 1947 and ratified by the required number of states in 1951. It states that no person may be elected president more than twice or serve more than ten years in cases where a vice president assumes the role due to a predecessor’s death or resignation.   Since its ratification, the 22nd Amendment has shaped U.S. presidential politics, preventing any leader from holding office for more than eight years. Some have argued that it protects democracy by preventing the concentration of power, while others believe it limits voter choice. Despite occasional calls for repeal, the amendment remains in effect, reinforcing the principle of regular transitions of power. A federal court is scrutinizing the role of Elon Musk and the Department of Government Efficiency (DGE) in cutting U.S. government spending, raising questions about transparency and legality. At a hearing, Judge Colleen Kollar-Kotelly repeatedly pressed a Justice Department lawyer on Musk’s authority but received vague answers. Multiple lawsuits argue that DGE, which operates with secrecy, wields power beyond what is constitutionally allowed for agencies that require congressional approval or Senate confirmation. Despite Musk’s public claims of leadership, the White House insists he is not an official DGE employee. Courts have been divided on the issue, with some judges refusing to block DGE’s actions due to a lack of clear evidence of immediate harm. However, Judge Jeannette Vargas temporarily restricted DGE’s access to Treasury Department systems over concerns about unauthorized data access. The Trump administration’s shifting characterizations of DGE—sometimes calling it an agency, other times not—have further complicated legal battles. One judge described it as a “Goldilocks entity,” molded to fit legal needs. While some courts are hesitant to act without stronger evidence, ongoing lawsuits seek to bring DGE’s operations into clearer legal scrutiny. 'Where is Mr. Musk in all of this?' Judges question secrecy of DOGE's activities | Reuters The U.S. Supreme Court heard arguments in a case brought by Marlean Ames, a heterosexual woman who claims she was denied a promotion and later demoted due to her sexual orientation. Ames alleges that in 2019, her gay supervisor promoted a less qualified gay woman and replaced her with a gay man. The case challenges a legal standard that requires plaintiffs from majority groups—such as white or heterosexual individuals—to provide extra evidence of workplace discrimination under Title VII of the Civil Rights Act of 1964.   Ames’ lawyer argued that Title VII protects all individuals from discrimination, not just historically marginalized groups. The state of Ohio, her former employer, countered that Ames had not proven bias, noting that decision-makers may not have even known her sexual orientation. Some justices expressed concern that ruling for Ames could flood the courts with discrimination claims. Others questioned whether the heightened standard for majority-group plaintiffs improperly excludes valid cases.   The case comes amid increasing lawsuits from white and straight workers alleging "reverse discrimination," as well as political pushback against diversity and inclusion programs. A ruling in Ames' favor could make it easier for majority-group plaintiffs to challenge employment decisions, potentially reshaping workplace discrimination law. US Supreme Court hears straight woman's 'reverse' discrimination case | Reuters President Donald Trump’s decision to designate Latin American drug cartels as terrorist organizations introduces new legal risks for U.S. businesses and migrants. The February 19 designation applies to groups like the Sinaloa Cartel and Tren de Aragua, allowing the Justice Department to prosecute cartel leaders for terrorism. However, legal experts warn that U.S. and foreign companies operating in cartel-controlled regions could also face prosecution if they make payments to these organizations, which could be considered material support for terrorism.   This concern is not hypothetical—similar cases have occurred before. In 2022, French cement company Lafarge pleaded guilty and paid $778 million in fines for making payments to terrorist-designated groups in Syria to keep its operations running. Given Mexico’s status as the U.S.’s largest trading partner, businesses must reassess their dealings in high-risk areas.   Beyond corporate liability, migrants who pay cartels for border crossings or send money to cartel-influenced regions could also be prosecuted. Additionally, drug-related offenses linked to designated cartels could carry harsher penalties, including a 20-year mandatory minimum sentence for narcoterrorism—double the usual drug trafficking penalty. The designation thus has sweeping implications for both corporate compliance and immigration enforcement. Trump's terrorist label for cartels raises prosecution risks for companies | Reuters In a piece I wrote for Forbes, I review the latest misguided foray into tech policy from the Trump administration. The White House has issued a memorandum condemning foreign digital services taxes (DSTs), arguing that they unfairly target American tech companies. The memo warns that unless these taxes are repealed, retaliatory tariffs will be imposed. However, this stance appears to protect Big Tech rather than uphold economic fairness, as these taxes exist to counter profit-shifting tactics that allow tech giants to avoid local taxation. The U.S. frequently applies its own extraterritorial laws, such as the Foreign Corrupt Practices Act and the CLOUD Act, yet objects when other countries enforce similar policies on American firms. The memorandum frames the issue as an attack on U.S. businesses, but every country has the right to tax corporations operating within its borders. DSTs primarily ensure that companies pay taxes where they generate revenue rather than in low-tax havens. The U.S. position ignores the broader global tax landscape and the rationale behind these policies, opting instead to shield Silicon Valley from accountability. If the U.S. enacts tariffs in response, it could trigger a trade war that harms American farmers, manufacturers, and consumers while preserving Big Tech’s profits. The memorandum’s real purpose seems to be maintaining an uneven playing field where American firms operate abroad without the same obligations as local businesses. Big Tech Protection: U.S. Picks A Trade Fight To Defend Tech Firms 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 分钟
  7. 2月26日

    Legal News for Weds 2/26 - Trump Targets Covington & Burling, SCOTUS New Trial for Glossip, Judge Blocks Trump's Funding Freeze and WA Data Broker Severance Tax

    This Day in Legal History: Woodrow Wilson Signs Grand Canyon National Park Act On February 26, 1919, President Woodrow Wilson signed the Grand Canyon National Park Act, officially designating the Grand Canyon as a national park. This landmark decision aimed to preserve the canyon’s breathtaking landscapes, unique geological formations, and rich biodiversity for future generations. Prior to its national park status, the Grand Canyon had been a federally protected reserve, but conservationists pushed for stronger protections. The designation marked a significant victory for the early environmental movement, ensuring that the canyon would be safeguarded from mining, logging, and other commercial exploitation. The Grand Canyon, carved over millions of years by the Colorado River, is one of the world’s most iconic natural wonders. Its layered rock formations offer a window into Earth’s geological history, dating back nearly two billion years. Beyond its scientific significance, the canyon holds deep cultural importance for Indigenous tribes, including the Havasupai, Hopi, and Navajo, who have lived in and around the area for centuries. The national park designation helped protect these cultural and historical sites, though it also led to conflicts over land rights. The creation of Grand Canyon National Park was part of a broader movement in the early 20th century to protect America’s natural landscapes. This movement, championed by figures like President Theodore Roosevelt, laid the foundation for the modern National Park System. Today, Grand Canyon National Park attracts millions of visitors annually, serving as a testament to the enduring importance of conservation efforts. President Donald Trump has ordered the suspension of security clearances and government contracts for the law firm Covington & Burling due to its legal assistance to special counsel Jack Smith. In a memo signed in the Oval Office, Trump accused law firms of using pro bono work to obstruct the government. The directive specifically targets Peter Koski, a Covington partner, and calls for a review of the firm’s federal contracts.   Smith recently disclosed that Covington provided him with $140,000 in pro bono legal services as he faces government scrutiny. Covington stated that it represents Smith in a personal capacity and will continue to defend his interests. Legal experts note that security clearances are crucial for private attorneys handling national security matters.   Trump, who has been indicted in two cases led by Smith, referred to the order as the "Deranged Jack Smith signing" and mocked the prosecutor after signing the memo. Trump Targets Covington Security, Contracts Over Work With Smith The U.S. Supreme Court has ordered a new trial for Oklahoma death row inmate Richard Glossip, ruling that prosecutorial misconduct violated his constitutional rights. In a rare win for a capital defendant, two conservative justices joined the court’s three liberals to overturn Glossip’s conviction. Oklahoma’s Republican attorney general had also acknowledged errors in the case, including prosecutors withholding evidence and failing to correct false testimony.   Glossip was convicted for allegedly orchestrating the 1997 murder of his boss, Barry Van Treese, though the actual killer, Justin Sneed, was the state’s key witness. Newly disclosed documents revealed that Sneed had considered recanting, was coached by prosecutors, and lied about his mental health history. Writing for the majority, Justice Sonia Sotomayor stated that correcting Sneed’s false testimony would have significantly damaged his credibility.   Chief Justice John Roberts and Justice Brett Kavanaugh joined the liberal justices in the ruling, while Justice Amy Coney Barrett partially agreed but wanted the state court to decide if a new trial was warranted. Justices Clarence Thomas and Samuel Alito dissented, arguing the case should have been left to Oklahoma courts. Glossip’s execution had been blocked nine times before, and his attorney emphasized the ruling as a crucial step toward justice. It remains uncertain whether Oklahoma will retry the case or pursue the death penalty again. Justices Order New Trial in Rare Win for Death Row Inmate (2) A U.S. judge has extended an order blocking President Donald Trump’s administration from enforcing a sweeping freeze on federal funding, citing concerns that the policy could be reinstated. U.S. District Judge Loren AliKhan ruled that despite the administration’s withdrawal of an initial memo pausing grants and loans, statements from White House officials suggested the freeze was still in effect.   The funding pause, announced in January, aimed to review federal financial assistance programs for compliance with Trump’s executive orders, including those ending diversity initiatives and pausing climate-related projects. Nonprofits and small business groups sued, arguing the freeze would cause widespread harm.   AliKhan criticized the policy as legally baseless and impractical, saying it would either halt up to $3 trillion in spending overnight or force agencies to review all grants within a day. She called the administration’s actions “irrational” and warned of a potential national crisis. The ruling prevents the government from reimposing the freeze under a different name, marking a legal setback for Trump’s efforts to reshape federal spending priorities. Trump blocked from imposing sweeping federal funding freeze | Reuters In my weekly Bloomberg Tax column, I examine Washington State’s new data broker tax, a well-intended but ultimately insufficient approach to curbing exploitative data practices. The legislation treats consumer data like a natural resource, imposing a severance tax on its collection. However, this framework fails to address the real issue: long-term data retention and reuse.   A more effective solution would be a retention tax, which would discourage firms from hoarding personal data indefinitely. Under the current bill, companies pay a tiered tax based on the number of residents whose data they collect. While this sounds like a fair approach, it risks consolidating data power in the hands of large platforms that can absorb the tax and continue selling consumer information without restriction. Worse, the tax may encourage firms to store data longer, giving it an artificial market value that promotes hoarding rather than limiting collection.   Unlike oil or minerals, personal data is not depleted upon use—it can be endlessly repackaged and resold. A retention tax would align economic incentives with privacy concerns, forcing firms to justify prolonged data storage and pay accordingly. Without it, Washington’s proposal does little to curb long-term privacy risks and may ultimately entrench the very data exploitation it seeks to prevent. Washington’s Data Broker Tax Is a Promising but Inadequate Move 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 分钟
  8. 2月25日

    Legal News for Tues 2/25 - Judge Blocks Musk's DGE, Trump to Appoint Sycophant Patel to ATF and ARPA Funding Community Broadband

    This Day in Legal History: Lincoln Signs Legal Tender Act On February 25, 1862, President Abraham Lincoln signed the Legal Tender Act into law, allowing the U.S. government to issue paper money not backed by gold or silver. These new notes, called "greenbacks" due to their color, became the first widely circulated fiat currency in American history. The Civil War had placed enormous financial strain on the Union, and the government needed a way to fund its war effort without relying solely on borrowing or taxation. By making greenbacks legal tender for all debts except customs duties, the law ensured their widespread use. However, the move was controversial, as some feared it would cause inflation and undermine public confidence in the currency. Despite this, the greenbacks helped stabilize the wartime economy and ensured that soldiers and suppliers were paid. After the war, legal battles arose over whether the government could require creditors to accept paper money instead of gold or silver. The Supreme Court initially ruled against the policy in Hepburn v. Griswold (1870) but reversed its decision in The Legal Tender Cases (1871), upholding the government's power to issue fiat currency. The Legal Tender Act set a precedent for the federal government's control over the monetary system, paving the way for modern U.S. currency. A federal judge has temporarily blocked Elon Musk’s Department of Government Efficiency (DGE) from accessing sensitive data held by the U.S. Education Department and the Office of Personnel Management. The ruling, issued by Judge Deborah Boardman in Maryland, came in response to a lawsuit from labor unions arguing that granting DGE access to personal records violated the Privacy Act of 1974. The data in question includes Social Security numbers, addresses, income details, and citizenship status of federal employees and student aid recipients. The Trump administration contended that restricting DGE’s access would hinder its government downsizing efforts, but the judge determined that the agency had no legitimate need for such information. The White House has not commented on the decision. Since Trump’s return to office, DGE, led by Musk, has pursued aggressive cost-cutting measures, including mass layoffs. The ruling follows another court decision in New York that blocked DGE from accessing Treasury Department systems, amid multiple lawsuits challenging its authority. US judge blocks Musk's DOGE team from accessing Education Department, OPM data | Reuters President Donald Trump is set to appoint Kash Patel, the newly confirmed FBI director, as the acting head of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), according to a source. Patel, a staunch Trump ally, will oversee both agencies simultaneously, a move that has sparked concerns among Democrats and moderate Republicans who previously opposed his FBI nomination due to his history of targeting Trump’s critics. Patel has strong backing from pro-gun groups and is expected to shift the ATF’s focus away from firearm regulation. The decision aligns with Trump's campaign rhetoric criticizing the ATF for being overly aggressive toward gun owners. Attorney General Pam Bondi recently fired the agency’s top legal counsel, Pamela Hicks, claiming ATF officials had unfairly targeted gun owners. Bondi has also redirected the ATF’s priorities toward immigration enforcement. Patel's dual appointment is part of a broader Trump administration strategy, with multiple officials holding multiple roles, including Marco Rubio at the State Department and Russ Vought at the Consumer Financial Protection Bureau. Trump to name FBI chief Patel as acting ATF director, source says | Reuters From a great piece written by Karl Bode for Techdirt, the American Rescue Plan Act (ARPA) is funding affordable, community-owned broadband networks in underserved areas, challenging monopoly control by major telecom companies. In New York, Oswego County received a $26 million grant to build an open-access fiber network, allowing multiple internet providers to compete over shared infrastructure. The network’s primary provider, Empire Access, is offering 500 Mbps service for $50 a month and 1 Gbps for $65, significantly undercutting industry giants like Charter and Verizon. Similarly, Minnesota’s Carver County has used ARPA funds to build dark fiber infrastructure, leasing it to MetroNet in a public-private partnership. MetroNet now provides residents with gigabit fiber for $50 and 5 Gbps for $110, far cheaper than traditional providers. This strategy contrasts with other states that continue to funnel broadband subsidies to large telecoms with a history of neglecting rural and low-income areas. Some states—Vermont, Maine, California, and New York—are using federal funds to expand community-owned broadband, treating internet access as an essential utility. However, with an additional $42.5 billion in broadband grants from the 2021 infrastructure bill set to be distributed, the Trump administration and the Department of Government Efficiency (DGE) will likely attempt to redirect these funds toward corporate-backed projects instead of community-driven initiatives. ARPA Is Quietly Funding Cheap ($50-$65 A Month) Community-Owned Gigabit Fiber Access To Long Neglected Neighborhoods | Techdirt 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

    5 分钟

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The idea is that this podcast can accompany you on your commute home and will render you minimally competent on the major legal news stories of the day. The transcript is available in the form of a newsletter at www.minimumcomp.com. www.minimumcomp.com

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