DOCKET ALERTS:

War Powers Resolution fails in both Houses of Congress.

DHS is ramping up for an immigration surge in Maryland and has purchased an 825,000-square-foot warehouse in Hagerstown. The state is suing to block the facility on environmental grounds. In Baltimore, Judge Julie Rubin joins judges in New York and Los Angeles in holding that ICE is systematically violating the Fifth Amendment rights of immigrants in “temporary” detention by holding them for days on end without hygiene, medical care, or access to counsel.

Kalshi customers have filed a class action suit over the company’s refusal to pay out on bets — oops, we mean CONTRACT SWAPS — that Ayatollah Ali Khamenei would leave office as Supreme Leader of Iran before March 1.

Trump continues to defy the Constitution’s requirement that he get Senate approval for principal officers. We discussed it in our post on Judge Lamberth holding that Kari Lake was never legally serving as head of the US Agency for Global Media, and thus her directives are null and void. And Judge Matthew Brann has ruled once again that Attorney General Pam Bondi can’t evade senate confirmation for the US Attorney in New Jersey — no, not even if she spreads the appointment out among three lawyers, not just one. 

And we’ll talk about the Trump administration’s humiliating U-turn as it tries to un-dismiss the appeal in the case of the executive orders targeting law firms, as well as Anthropic’s complaint against the government. Turns out, defying Trump can be good for business!

Subscriber Bonus: The Trump administration just dismissed the antitrust suit against Live Nation mid-trial for, uh, reasons. 

ICE awards $113 million to build out Hagerstown detention center

https://www.thebanner.com/politics-power/national-politics/ice-hagerstown-detention-center-contract-AHIV2KEHQJAVFMWBYKO2YBWOCU/

Maryland v. Noem [ICE Warehouse]

https://www.courtlistener.com/docket/72313096/state-of-maryland-v-noem/?order_by=desc

D.N.N. v. Liggins [ICE temporary holding facility in Baltimore]

https://www.courtlistener.com/docket/70321567/dnn-v-liggins/

Risch v. Kalshi

https://www.courtlistener.com/docket/72371954/risch-v-kalshiex-llc/

Judge Rules That Kari Lake Is Still A Loser [Law and Chaos]

https://www.lawandchaospod.com/p/judge-rules-that-kari-lake-is-still

US v. Naviwala [US Attorney New Jersey]

https://www.courtlistener.com/docket/68269162/united-states-v-naviwala

Susman Godfrey v. Executive Office of the President (DC Cir. Appeal) [docket via CourtListener]

https://www.courtlistener.com/docket/71202175/susman-godfrey-llp-v-executive-office-of-the-president/

Anthropic v. US Dep’t of War, [docket via CourtListener]

https://storage.courtlistener.com/recap/gov.uscourts.cand.465515/

Business Insider, “Claude Hits Number One In The App Store”

https://www.businessinsider.com/anthropic-claude-hits-number-one-app-store-openai-chatgpt-2026-2

US v. LiveNation Entertainment (Ticketmaster antitrust lawsuit) [docket via CourtListener]

https://www.courtlistener.com/docket/68557723/united-states-of-america-v-live-nation-entertainment-inc/

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Law and Chaos wishes a big mazal tov to Kristi Noem on her new, very real job as assistant principal of the Yeehaw American Hegemony Club. And to Lindsey Halligan on catching a Florida Bar investigation.

We’ll discuss our recent post on Pam Bondi’s very timely announcement that she intends to take over state bar complaints against DOJ employees. It comes at a moment when district court judges are telegraphing very clearly that they are going to start holding DHS and DOJ in criminal contempt for rampant disregard of court orders. Specifically, Judge Michael Farbiarz of the District of New Jersey says he’ll require sworn affidavits from officials at the US Attorneys Office and ICE for every habeas release case that comes before him. This will likely serve as a model for other judges whose dockets are buckling under the weight of habeas cases from all the immigrants ICE is illegally detaining.

Elections expert Joe Dye is back to discuss Tuesday’s primary elections in Texas, Arkansas, and North Carolina.

And for subscribers, we’ll discuss the shadow docket order in which the six conservative justices leapt in to save New York Rep. Nicole Malliotakis's seat.

Lindsey Halligan Is Under Investigation by the Florida Bar

https://www.nytimes.com/2026/03/05/us/politics/lindsey-halligan-investigation-florida-bar.html

Bondi Says She's The Bar Now

https://www.lawandchaospod.com/p/bondi-says-shes-the-bar-now

Judge Farbiarz Order re Contempt

https://storage.courtlistener.com/recap/gov.uscourts.njd.590517/gov.uscourts.njd.590517.30.0.pdf

Malliotakis v. Williams [2026 Supreme Court New York redistricting decision]

https://www.supremecourt.gov/opinions/25pdf/25a914_1p24.pdf

Abbott v. LULAC [2025 Supreme Court stay of Texas map]

https://www.supremecourt.gov/opinions/25pdf/25a608_7khn.pdf

Rucho v. Common Cause [2019 Supreme Court gerrymandering opinion]

https://scholar.google.com/scholar_case?case=6090361490276671133

Steve Vladek, Bonus 214: Emergency Relief from State Courts [One First]

https://www.stevevladeck.com/p/bonus-214-emergency-relief-from-state

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DOCKET ALERTS:

The Trump administration is tapping out on the lawsuits defending executive orders attacking law firms. Too bad, so sad for the Vichy law firms that pledged a billion dollars in “conservative pro bono” work.

Justice Gorsuch says we can’t take guns away from drug users because the Founders were drunk all the time.

The Federal Circuit declines a request by the Trump administration to delay tariff refunds.

Kansas’s revocation of trans citizens’ drivers licenses draws its first court challenge.

And Virginia’s redistricting referendum can go ahead.

MAIN SHOW:

We discuss the history of the president’s power to commence hostilities and explain why Trump and his goons are so deeply invested in claiming that the war in Iran — which isn’t a war at all! — was defensive, not offensive. Plus Andrew’s got a deep dive into the War Powers Resolution and how it might bring about an end to this nightmare.

We’ve got clips from 60 Minutes’s very good story on the danger federal judges face when they go against the Trump administration. 

Judges in the Western District of West Virginia join the list of jurisdictions telling DHS/DOJ that contempt charges are coming if they keep relying on crackpot legal theories to kidnap residents.

Judge John Tunheim issues class relief to refugees in Minnesota, barring DHS from interning them for recertification.

And for subscribers: a discussion of the constitutionality of the War Powers Resolution.

Trump Administration to Drop Defense of Law Firm Sanctions

https://www.wsj.com/us-news/law/trump-administration-to-drop-defense-of-law-firm-sanctions-cb839c39

US v. Hemani Oral Argument

https://www.supremecourt.gov/oral_arguments/audio/2025/24-1234

V.O.S. Selections [Tariff mandate]

https://storage.courtlistener.com/recap/gov.uscourts.cafc.23105/gov.uscourts.cafc.23105.173.0_2.pdf

Doe v. Kansas [Trans drivers’ licenses]

https://assets.aclu.org/live/uploads/2026/02/Complaint-1.pdf

Virginia redistricting election can move forward, court rules

https://www.democracydocket.com/news-alerts/virginia-redistricting-election-can-move-forward-court-rules

Federal judges who've ruled against Trump administration denounce threats against themselves, their families

https://www.cbsnews.com/news/federal-judges-whove-ruled-against-trump-administration-denounce-threats-60-minutes-transcript/

Judges in a Trump stronghold condemn ICE tactics

https://www.politico.com/news/2026/03/01/west-virginia-immigration-rulings-00804575

Dominguez Izaguirre v. Mason [West Virginia Habeas]

https://storage.courtlistener.com/recap/gov.uscourts.wvsd.243036/gov.uscourts.wvsd.243036.18.0.pdf

War Powers Resolution, 50 U.S.C. 1541 et seq.

https://www.law.cornell.edu/uscode/text/50/chapter-33

“Trump Can’t Declare War On Iran (or Anyone)” [lawandchaospod.com]

https://www.lawandchaospod.com/p/trump-cant-declare-war-on-iran-or

Liz’s YouTube video for Legal Eagle, “The Largest Bribe in American History”

https://www.youtube.com/watch?v=RE2pm3omzMI&t=3s

Nat’l Treasury Employees’ Union v. Nixon, 492 F.2d 587 (D.C. Cir. 1974)

https://scholar.google.com/scholar_case?case=4156385560315482496

INS v. Chadha, 462 U.S. 919 (1983)

https://scholar.google.com/scholar_case?case=2221871582286121199

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DOCKET ALERTS:

The Justice Department is suing New Jersey for not letting ICE use state buildings and parks for immigration enforcement. Because the Tenth Amendment is basically a suggestion?

CBP agents dumped a blind, sick, refugee who spoke no English outside a doughnut shop in Buffalo because they couldn’t deport him. Local police are investigating his death.

Defense Secretary Pete Hegseth is trying to manhandle Anthropic into letting it use Claude for domestic surveillance and autonomous targeting. 

MAIN SHOW:

ICE’s total refusal to follow the law has flooded federal courts with habeas corpus petitions, and judges are PISSED. On Thursday, two judges in Minnesota and one in New Jersey threatened to hold prosecutors in contempt of court over DOJ/DHS refusing to follow court orders in immigration cases.

The fascinating “Quince sues UGG” antitrust lawsuit is Last Brand, Inc. v. Deckers Outdoor Corporation. The (possibly even true) story of ugh, ugly, and finally ugg boots is told here by the Everything Australian company.

On Wednesday, Judge Brian Murphy ruled that the Trump administration’s policy of third-country removals was illegal.

And for subscribers, we’ll discuss Pete Hegseth’s battle with Anthropic and DHS’s theft of more than 42,000 tax returns from IRS’s database.

Links

US v. New Jersey 

https://www.courtlistener.com/docket/72316303/united-states-v-new-jersey/

Nearly blind refugee found dead in New York days after immigration agents dropped him at a coffee shop alone, officials say

https://www.cnn.com/2026/02/26/us/shah-alam-blind-refugee-border-patrol-hnk

‘Incoherent’: Hegseth’s Anthropic ultimatum confounds AI policymakers 

https://www.politico.com/news/2026/02/26/incoherent-hegseths-anthropic-ultimatum-confounds-ai-policymakers-00800135

Cartagena Hueso v. Soto

https://www.courtlistener.com/docket/72279969/cartagena-hueso-v-soto/

D.V.D. v. Dep’t of Homeland Security (D. Mass. 2025) [docket via CourtListener]

https://storage.courtlistener.com/recap/gov.uscourts.mad.282404/gov.uscourts.mad.282404.241.0.pdf

The Surprising History of the Aussie Ugg Boot

https://everythingaustralian.com.au/blog/post/the-surprising-history-of-the-aussie-ugg-boot

Last Brand, Inc. v. Deckers Outdoor Corporation (N.D. Cal. 2026) [docket via CourtListener]

https://www.courtlistener.com/docket/72311102/last-brand-inc-v-deckers-outdoor-corporation/

Center for Taxpayer Rights v. IRS

https://www.courtlistener.com/docket/69646607/center-for-taxpayer-rights-v-internal-revenue-service

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DOCKET ALERTS:

Judge Aileen Cannon ruled that Special Counsel Jack Smith’s report on the stolen documents case must remain sealed forever in perpetuity.

Kouri Richins goes on trial for murdering her husband in Utah. She’s not being charged for writing a terrible children’s book about dealing with grief over the loss of a parent … but maybe she should be? 

The Fifth Circuit, sitting en banc, allowed Louisiana to require the display of the Ten Commandments in every classroom statewide. The law had been blocked, but the Court decided that no one had been injured yet, so the case is unripe.

Elon Musk is being sued for securities fraud in California. But they can’t seat a jury because everyone hates him.

MAIN SHOW:

It’s all about tariffs. We break down the Supreme Court’s Learning Resources v. Trump, and explain why dragging this case out for a year ensures chaos as importers try to recoup money they’ve already paid. And we’ll talk about Trump’s plan to impose new illegal tariffs based on a  gross misinterpretation of yet another internal statute.

The opinion is particularly contentious, revealing the justices’ angry, internal feuding over the future of the court. And subscribers will get a deep dive into the origins of this conflict, reaching back to Justice Kagan’s famous 2015 “Antonin Scalia Lecture Series” lecture at Harvard Law School and extending through Justice Jackson’s concurrence in Learning Resources.

US v. Trump [stolen documents case]

https://www.courtlistener.com/docket/67490070/united-states-v-trump

Kouri Richins Warrant

https://www.scribd.com/document/654496602/Kouri-Richins-Warrant

Contempt for Musk clouds jury selection in Twitter takeover trial

https://www.courthousenews.com/contempt-for-musk-clouds-jury-selection-in-twitter-takeover-trial/

Roake v. Brumley [Fifth Circuit Ten Commandments]

https://storage.courtlistener.com/recap/gov.uscourts.ca5.221848/gov.uscourts.ca5.221848.389.1.pdf

Learning Resources, Inc. v. Trump [tariffs case]

https://www.supremecourt.gov/opinions/25pdf/24-1287_4gcj.pdf

Congressional Research Service, “Congressional and Presidential Authority to Impose Import Tariffs”

https://www.congress.gov/crs_external_products/R/PDF/R48435/R48435.1.pdf

Elena Kagan “Antonin Scalia Lecture Series,” Harvard Law School (2015) [via YouTube]

https://www.youtube.com/watch?v=dpEtszFT0Tg

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DOCKET ALERTS:

Florida’s Attorney General James Uthmeier is getting paid $50,000 a semester to teach a single class at University of Florida’s law school. 

The Trump Administration finally obeyed the court order and put the exhibit on enslaved people back at President’s House in Philadelphia.

The Supreme Court has decided to eliminate corruption by asking litigants to add their stock ticker symbols to filing disclosures. Oh, you thought maybe the justices would agree to stop trading individual stocks? LOL.

And a JAG lawyer sent to help out the US Attorneys Office in Minnesota got cited for contempt after ICE responded to a habeas order by dumping a Minnesota man on the street in El Paso without his identity documents. Judge Laura Provinzino ordered the lawyer to pay $500 per day until the petitioner got his ID back.

MAIN SHOW:

In California, Judge Sunshine Sykes issued a major benchslap to the Trump administration’s claim that it can — or must! — detain immigrants who haven’t been granted permanent residence. In December, she granted class certification and ordered the government to give everyone not detained at the border a bond hearing. The government ignored her ruling, based on a decision by the immigration courts housed inside the Justice Department. Separation of powers, how does it go?

And Andrew and Liz talk about two “surveillance” issues: commercially-aggregated data tracking our every movement and “dynamic” pricing.

The Supreme Court first started considering surveillance in US v. Jones, 565 U.S. 400 (2012) and endorsed the “mosaic theory” of the Fourth Amendment in Carpenter v. US, 585 US 296 (2018).

Sens. Lujan and Merkley have co-sponsored the Stop Price Gouging in Grocery Stores Act of 2026. Gizmodo recently ran a story about it, referencing prior research into dynamic pricing.

Florida’s attorney general gets $100K part-time teaching job at UF

https://www.tampabay.com/news/florida-politics/2026/02/17/uthmeier-uf-adjunct-teaching-contract-pay-attorney-general/

Soto Jimenez v. Bondi

https://www.courtlistener.com/docket/72221590/soto-jimenez-v-bondi/

Matter of Yajure Hurtado

https://www.justice.gov/eoir/media/1413311/dl?inline

Maldonado Bautista v. Noem

https://www.courtlistener.com/docket/70895584/lazaro-maldonado-bautista-v-ernesto-santacruz-jr/

US v. Jones, 565 U.S. 400 (2012)

https://scholar.google.com/scholar_case?case=3066032366235422373

Carpenter v. US, 585 US 296 (2018)

https://scholar.google.com/scholar_case?case=853695326923033538

Text of the Stop Price Gouging in Grocery Stores Act of 2026

https://www.lujan.senate.gov/wp-content/uploads/2026/02/MUR26086-1.pdf

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DOCKET ALERTS:

Trump celebrated President’s Day by filing a trademark for Donald J. Trump International Airport — just in time for Florida’s move to rename Palm Beach International Airport in his honor. KA-CHING!

In Colorado, a state judge ruled that throwing prisoners in solitary confinement as a penalty for refusing to work violates the state constitution’s ban on involuntary servitude. It’s a start!

And in Philadelphia, Judge Cynthia Rufe ordered the Trump administration to restore an exhibit on the enslaved people who lived at President’s House under George Washington: “Each person who visits the President’s House and does not learn of the realities of founding-era slavery receives a false account of this country’s history.”

MAIN SHOW:

In Minnesota, Judge Nancy Brasel ordered DHS to grant detainees in “holding rooms” at the Whipple Building in Minneapolis meaningful access to counsel. The ruling bars ICE from removing immigrants from the state for 72 hours after they are originally picked up. We’ll discuss the cracks appearing between DHS, which ignores court orders, and DOJ, which has to show up in court and take the blame for it.

In New York, Judge Lewis Kaplan issued a similar order in September with respect to temporary “holding rooms” on the 9th floor at 26 Federal Plaza in Manhattan, with additional requirements that DHS provide for detainees' hygiene, nutrition, and medical needs. The plaintiffs say ICE has not complied and moved for contempt. The City reports that DHS opened up new temporary detention facilities on the 10th floor, but claims the injunction doesn’t apply there for, uh, REASONS.

And we break down all the ways Republicans are trying to suppress the vote with the SAVE America Act, which solves the nonexistent problem of noncitizens voting illegally by imposing a series of restrictions on citizens registering and voting.

In the subscriber bonus, we discuss a district court’s decision in Massachusetts enjoining the Trump administration from deploying ICE in and around churches. 

Trump’s Private Company Files Trademark for ‘President Donald J. Trump International Airport’

https://www.gerbenlaw.com/blog/trumps-private-company-files-trademark-for-president-donald-j-trump-international-airport/

Buried in the budget: Mike Huckabee, Donald Trump and Newsmax

https://jasongarcia.substack.com/p/buried-in-the-budget-mike-huckabee

Mortis v. Polis [Colorado Prison Labor]

https://towardsjustice.org/wp-content/uploads/2026/02/Findings-of-Fact-and-Conclusions-of-Law.pdf

Philadelphia v. Burgum 

https://www.courtlistener.com/docket/72178941/city-of-philadelphia-v-burgum/

Advocates for Human Rights v. DHS [Whipple Building]

https://www.courtlistener.com/docket/72196538/the-advocates-for-human-rights-v-us-department-of-homeland-securit

Barco Mercado v. Noem [26 Federal Plaza]

https://www.courtlistener.com/docket/71065570/barco-mercado-v-noem

ICE Moved Detainees to Previously Undisclosed Floor of 26 Federal Plaza

https://www.thecity.nyc/2026/02/09/26-federal-plaza-jail-conditions-ice-judge-kaplan-ruling/

Text of S.1383, the “SAVE America” Act

https://docs.house.gov/billsthisweek/20260209/RCP_S1383_xml.pdf

New England Synod, Evangelical Lutheran Church in America v. DHS

https://www.courtlistener.com/docket/70939776/new-england-synod-evangelical-lutheran-church-in-america-v-department-of/

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Docket Alerts:

Exactly zero grand jurors voted to indict the members of Congress who made a video in November reminding active duty service members of their duty to refuse illegal orders. And Judge Richard Leon told Secretary Hegseth to pound “Horsefeathers!” with his attempt to demote Senator Mark Kelly and dock his naval retirement.

The Justice Department hasn’t stopped trying to evade senate confirmation for US Attorneys. Hours after judges in New York exercised their legal right to appoint someone competent to run the office, the Trump administration fired him. 

Subscribers will get a deep dive into AG Bondi’s efforts to ONE WEIRD TRICK a “triumvirate” of lawyers into the US Attorney spot.

MAIN SHOW:

Two hundred federal and state agents descended on a Mexican heritage festival in Idaho in October. They leveraged five arrest warrants for illegal gambling into a massive detention operation to brutalize hundreds of families. Now those families are suing under 42 USC § 1983, alleging a conspiracy between the feds and local law enforcement.

In DC, Trump appointee Judge Tim Kelly blocked the administration from taking revenge on inmates whose death sentences were commuted by President Biden by moving them all to Supermax.

After the Fifth Circuit’s terrible ruling last week allowing for indefinite detention of all non-citizens, district court judges are still finding ways to grant habeas petitions.

Back in DC, Judge Ana Reyes barred Secretary Noem from ending temporary protected status for 350,000 Haitians. She also had some frank words about the threats that rain down on judges who rule against the Trump administration – and why they won’t succeed.

Rodriguez v. Porter

https://www.courtlistener.com/docket/72256071/rodriguez-v-porter/

Taylor v. Trump [Death Row Commutations]

https://www.courtlistener.com/docket/71717101/taylor-v-trump/

Kelly v. Hegseth

https://www.courtlistener.com/docket/72131361/kelly-v-hegseth/

US v. Naviwala [US Attorney New Jersey]

https://www.courtlistener.com/docket/68269162/united-states-v-naviwala

Cumbe Lema v. De Anda-Ybarra [Texas Habeas]

https://www.courtlistener.com/docket/72210802/cumbe-lema-v-de-anda-ybarra/

Hassen v. Noem [Texas Habeas]

https://www.courtlistener.com/docket/72143519/hassen-v-noem-secretary-us-department-of-homeland-security/

Lesly Miot v. Trump [Haitian TPS]

https://www.courtlistener.com/docket/70965949/lesly-miot-v-trump/

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In Jeffrey Epstein news: Ghislaine Maxwell showed up for congressional testimony, but says she’s taking the Fifth unless and until she gets a pardon. Bill and Hillary Clinton agreed to testify, averting a vote to refer them to DOJ for contempt of Congress. Paul Weiss managing partner Brad Karp stepped down after his emails to the noted pedophile were published. 

Luigi Mangione will not face the death penalty, but will face trial this summer.

Main Show:

The Trump administration is trying to magic away Steve Bannon’s contempt of Congress conviction with an assist from SCOTUS. It’s called a GVR, and it’s filthy.

The DOJ sued in state court to get Fulton County’s 2020 ballots. They sued in federal court. And then they got a criminal warrant and just took them. Now Georgia election officials are suing to get their ballots back.

What is going on with that Tulsi Gabbard whistleblower report?

The Fifth Circuit greenlights ICE’s batcrap insane legal theory that the government must hold immigrants in detention indefinitely without a hearing. Should the challengers petition for en banc review, or go straight to SCOTUS?

And for subscribers, we’ll break down FCC Chair Brendan Carr’s threat to investigate the ladies at The View for daring to interview Texas Senate candidate James Talarico — a known Democrat!

Bannon Rule 48(a) Motion to Dismiss 

https://storage.courtlistener.com/recap/gov.uscourts.dcd.237437/gov.uscourts.dcd.237437.207.0.pdf

Bannon Cert Petition

https://www.supremecourt.gov/DocketPDF/25/25-453/395803/20260209141144273_25-453_Bannon_cert_resp_file.pdf

US v. Alexander [DOJ civil suit to see Fulton County ballots]

https://www.courtlistener.com/docket/72028229/united-states-v-alexander/

Pitts v. US [Fulton County suit to recover ballots]

https://www.courtlistener.com/docket/72247417/pitts-v-united-states/

NSA detected foreign intelligence phone call about a person close to Trump

https://www.theguardian.com/us-news/2026/feb/07/nsa-foreign-intelligence-trump-whistleblower

Whistle-Blower Report Involved Intelligence About a Trump Contact

https://www.nytimes.com/2026/02/07/us/politics/whistle-blower-gabbard-trump.html

Buenrostro Mendez v. Bondi

https://www.courtlistener.com/docket/71870107/buenrostro-mendez-v-bondi/

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Andrew flies solo on today’s show, which… coincidentally features a bunch of law from the 1980s. Learn how a 1981 advertisement for a soon-to-be defunct video game system shaped the law of copyright into what it is today after Atari sued Magnavox to pull a Pac-Man clone off the shelves.

In the second story, we talk about the death of antitrust law. What once broke up the phone company’s monopoly is now so defanged that just two companies control almost all of the components that go into your PC. Oh, and the phone company basically reassembled itself.

The computer graphics monopoly set us on the path where computer are rented, not owned. And taking advantage of that was a company that targeted teenagers who want the latest and greatest gaming rig (but can’t afford it). Learn about the consumer fraud lawsuit, potential settlement, and the future of computers. Have we gone backwards since the 1980s? (Yes.)

Check out the independent reporting of Steve Burke at GamersNexus.

Atari, Inc. v. North American Philips Consumer Electronics Corp., 672 F.2d 607 (1982)

https://scholar.google.com/scholar_case?case=16433139020722034724

Burns v. Fragile, Inc. [docket via CourtListener]

https://storage.courtlistener.com/recap/gov.uscourts.cand.454102/

Steve Burke, GamersNexus YouTube channel

https://www.youtube.com/@GamersNexus

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