Law and Chaos

The Trump Administration is putting the Justice Department in a terrible bind. DOJ lawyers can tell judges the truth and admit that the government is deliberately violating court orders. Or they can bob and weave and prevaricate and cross their fingers and hope it all comes out okay. But that strategy is running into a brick wall as courts are increasingly ruling against the government. Plus for subscribers: How low will SCOTUS go to protect the sacred right to walk around with a giant murder cannon slung over our shoulders?

Links:

The Trump Administration Is Lawless. Judges Are Adapting.

https://www.lawandchaospod.com/p/the-trump-administration-is-lawless

Judge Russell Standing Order

https://www.mdd.uscourts.gov/sites/mdd/files/Amended%202025-01.pdf

Trump v. Selzer [Docket via Court Listener]

https://www.courtlistener.com/docket/69476247/trump-v-selzer/

Arevalo Millan v. Trump [Docket via Court Listener]

https://www.courtlistener.com/docket/70294725/darwin-antonio-arevalo-millan-v-donald-j-trump/

Melgar-Salmeron v. Bondi

https://www.courtlistener.com/docket/70409956/melgar-salmeron-v-bondi/

SCOTUS Orders List for June 2, 20025

https://www.supremecourt.gov/orders/courtorders/060225zor_4f15.pdf

J.O.P. v. Department of Homeland Security [District Court Docket]

https://www.courtlistener.com/docket/15867241/jop-v-us-department-of-homeland-security

Show Links:

https://www.lawandchaospod.com/

BlueSky: @LawAndChaosPod

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This week Trump got his ass kicked in courts no one's ever heard of! From tariffs to immigration, Harvard to WilmerHale, it's been a week of losing bigly. Andrew and Liz will break it down and explain what's next.

Links:

Harvard College v. Department of Health and Human Services [Docket via Court Listener]

https://www.courtlistener.com/docket/69921962/president-and-fellows-of-harvard-college-v-us-department-of-health-and/

V.O.S. Selections, Inc. v. Trump [District Court Docket via Court Listener]

https://www.courtlistener.com/docket/69888953/vos-selections-inc-v-donald-j-trump

V.O.S. Selections, Inc. v. Trump [Federal Circuit Docket via Court Listener]

https://www.courtlistener.com/docket/70394463/vos-selections-inc-v-trump/

WilmerHale v. Trump [Docket via Court Listener]

https://www.courtlistener.com/docket/69807328/wilmer-cutler-pickering-hale-and-dorr-llp-v-executive-office-of-the/

Jenner & Block v. DOJ [Docket via Court Listener]

https://www.courtlistener.com/docket/69807126/jenner-block-llp-v-us-department-of-justice/

MTA v. Duffy (Congestion Pricing) [Docket via Court Listener]

https://www.courtlistener.com/docket/69652290/metropolitan-transportation-authority-v-duffy/

D.V.D. v. Department of Homeland Security [Trial Docket via Court Listener]

https://www.courtlistener.com/docket/69775896/dvd-v-us-department-of-homeland-security/

Department of Homeland Security v. D.V.D. [SCOTUS Docket]

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/24a1153.html

The Punch That Launched Trump's War on American Universities

https://www.wsj.com/us-news/education/trump-college-university-federal-funding-fight-91c2a274

How to Hide a Constitutional Crisis

https://www.theatlantic.com/ideas/archive/2025/05/legalistic-noncompliance/682927/

Show Links:

https://www.lawandchaospod.com/

BlueSky: @LawAndChaosPod

Threads: @LawAndChaosPod

Twitter: @LawAndChaosPod

President Trump's genius plan to announce that he's about to violate the First Amendment — and then do it! — runs into the judicial buzzsaw as two federal courts restrain his attacks on Harvard and the law firm Jenner & Block. And his campaign's lawsuit against Iowa pollster Ann Selzer continues to be a humiliating series of self-owns. But SCOTUS hands the administration a win by allowing the president to fire anyone and everyone. They exempted Fed Chair Jerome Powell for, uh, reasons.

Links:

Jenner & Block v. DOJ [Docket via Court Listener]

https://www.courtlistener.com/docket/69807126/jenner-block-llp-v-us-department-of-justice

Trump v. Selzer [Docket via Court Listener]

https://www.courtlistener.com/docket/69476247/trump-v-selzer/

Trump Allies Look to Benefit From Pro Bono Promises by Elite Law Firms

https://www.nytimes.com/2025/05/25/business/trump-law-firms-pro-bono.html

Trump v. Wilcox [Supreme Court order]

https://www.supremecourt.gov/opinions/24pdf/24a966_1b8e.pdf

Seila Law v. CFPB

https://www.supremecourt.gov/opinions/19pdf/19-7_n6io.pdf

President and Fellows of Harvard College v. DHS [docket via CourtListener]

https://www.courtlistener.com/docket/70349156/president-and-fellows-of-harvard-college-v-united-states-department-of/

Show Links:

https://www.lawandchaospod.com/

BlueSky: @LawAndChaosPod

Threads: @LawAndChaosPod

Twitter: @LawAndChaosPod

It's been another wild week of injunctions, executive orders, and just plain insanity from the Trump administration. Then, we'll let Blake Lively and Justin Baldoni teach us about civil procedure. And for a deep dive, we discuss a surprising recusal from Justice Barrett that preserves what's left of the separation of church and state.

Links:

How Trump Officials Debated Handling of the Abrego Garcia Case: 'Keep Him Where He Is'

https://www.nytimes.com/2025/05/21/us/politics/trump-abrego-garcia-el-salvador-deportation.html

Judge James Ho Public Meltdown

https://storage.courtlistener.com/recap/gov.uscourts.ca5.224134/gov.uscourts.ca5.224134.25.1.pdf

D.V.D. v. Department of Homeland Security [Docket via Court Listener]

https://www.courtlistener.com/docket/69775896/dvd-v-us-department-of-homeland-security/

Somerville Public Schools v. Trump [Docket via Court Listener]

https://www.courtlistener.com/docket/69778837/somerville-public-schools-v-trump

US v. McIver [Docket via Court Listener]

https://www.courtlistener.com/docket/70317726/united-states-v-mciver/

Trump v. Wilcox [Supreme Court order granting stay]

https://www.supremecourt.gov/opinions/24pdf/24a966_1b8e.pdf

Oklahoma Statewide School Board v. Drummond [Supreme Court per curiam order]

https://www.supremecourt.gov/opinions/24pdf/24-394_9p6b.pdf

Lively v. Baldoni (SDNY) [docket via CourtListener]

https://www.courtlistener.com/docket/69510553/lively-v-wayfarer-studios-llc/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc&page=2

We Can Bury Anyone': Inside a Hollywood Smear Machine, New York Times

https://www.nytimes.com/2024/12/21/business/media/blake-lively-justin-baldoni-it-ends-with-us.html

Show Links:

https://www.lawandchaospod.com/

BlueSky: @LawAndChaosPod

Threads: @LawAndChaosPod

Twitter: @LawAndChaosPod

The Supreme Court does one good thing on immigration, which made Sam Alito BIG MAD. And although the administration has been stymied (for now) in its efforts to rendition detainees out of the country with no notice, the Supreme Court did allow the Trump administration to end Temporary Protected Status for hundreds of thousands of Venezuelans. Then, since we all need a good chuckle, we spend some time pointing and laughing at California's plan to outsource the bar exam to an AI chatbot. And in the patreon bonus, we describe how one of America's worst trial court judges just tried to overrule the Supreme Court.

Links:

Alito Gets Fragged in Supreme Court Order

https://www.lawandchaospod.com/p/alito-gets-fragged-in-scotus-order

New York Times, "Emil Bove, Top Justice Dept. Official, Is Considered For Circuit Court Nomination"

https://www.nytimes.com/2025/05/19/us/politics/emil-bove-circuit-court-federal-appeals.html?unlocked_article_code=1.IU8.KLV8.yndwN6PJV_HE

Noem v. National TPS Alliance et al. [SCOTUS Miscellaneous order]

https://www.supremecourt.gov/orders/courtorders/051925zr1_5h26.pdf

Washington Post, "Trump Justice Dept. considers removing key check on lawmaker prosecutions"

https://www.washingtonpost.com/national-security/2025/05/17/trump-justice-department-prosecutions/

State of Texas v. EEOC order (Kacsmaryk)

https://storage.courtlistener.com/recap/gov.uscourts.txnd.393489/gov.uscourts.txnd.393489.59.0.pdf

DOJ OCR Letter Harmeet Dhillon to Brandon Johnson

https://www.justice.gov/crt/media/1400811/dl?inline

Show Links:

https://www.lawandchaospod.com/

BlueSky: @LawAndChaosPod

Threads: @LawAndChaosPod

Twitter: @LawAndChaosPod

Today, Liz and Andrew interview Prof. Leah Litman about her book Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes. And, as if to prove the point, the Supreme Court today entertained absolutely nonsense arguments in the birthright citizenship cases about how district courts can't issue the kind of injunctions they've issued for the past two centuries because it would make Trump sad.

Links:

Leah Litman's Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

https://www.amazon.com/Lawless-Supreme-Conservative-Grievance-Theories/dp/1668054620/

Show Links:

https://www.lawandchaospod.com/

BlueSky: @LawAndChaosPod

Threads: @LawAndChaosPod

Twitter: @LawAndChaosPod

Meta thinks that if you steal tens of millions of books, the value of each individual theft rounds down to zero. Is that the law? (No.) Also, the Qatari Royal family wants to give Donald Trump a half-billion-dollar plane and make the US government pay to renovate it. Turns out, that hasn't been legal for more than two hundred years, but who's counting? Oh, and the administration arrested the Mayor of Newark. Rumeysa Ozturk is free, though, so it's not all bad news.

Links:

Ozturk v. Hyde

https://www.courtlistener.com/docket/69845539/ozturk-v-hyde/

W.M.M. v. Trump (Alien Enemies Act case in Northern District of Texas)

https://www.courtlistener.com/docket/69898198/wmm-v-donald-j-trump

US v. Baraka

https://www.courtlistener.com/docket/70242142/united-states-v-baraka/

Show Links:

https://www.lawandchaospod.com/

BlueSky: @LawAndChaosPod

Threads: @LawAndChaosPod

Twitter: @LawAndChaosPod

While SCOTUS is MIA, trial judges across the country are stepping up. The full Circuit Court in DC leaps in to save Voice of America from the May hell panel hearing emergency appeals. A judge in Maryland orders the government to facilitate the return of a man wrongly deported to the Salvadoran gulag. No, not Kilmar Abrego Garcia — another one! In New York, a third trial judge rules that we are NOT under invasion by Venezuela. And in Alabama, trial judges ordered the state to fix its racist maps again.

Links:

DHS Courts Contempt In Its Zeal To Deport As Many Harmless Grannies As Possible

https://www.lawandchaospod.com/p/dhs-courts-contempt-in-its-zeal-to

Widakuswara v. Lake [Circuit Court Docket]

https://www.courtlistener.com/docket/69940505/patsy-widakuswara-v-kari-lake

Dragon Law Docket

https://www.courtlistener.com/docket/69837453/jane-doe-no-2-v-clinton-county-of/

J.O.P. v. Department of Homeland Security [District Court Docket]

https://www.courtlistener.com/docket/15867241/jop-v-us-department-of-homeland-security

U.S. v. Watkins (SDNY 1946)

https://scholar.google.com/scholar_case?case=2209995717379331353

G.F.F. v. Trump [SDNY Docket]

https://www.courtlistener.com/docket/69857769/gff-v-trump/

Milligan v. Allen Docket

https://www.courtlistener.com/docket/61494291/milligan-v-allen/

Show Links:

https://www.lawandchaospod.com/

BlueSky: @LawAndChaosPod

Threads: @LawAndChaosPod

Twitter: @LawAndChaosPod

On today's episode, we break down how Radio Free Europe just might be the key to preserving the separation of powers in America. We talk the Tucker Act and all of the pretextual, vapid, and/or just plain wrong arguments coming out of Trump's Department of Justice. Perkins Coie wins their case in front of Our Favorite Beryl, a dingus is trying to sue Chief Justice John Roberts, and Maine's Governor Janet Mills promised the President she'd see him in court. Four days later, the administration caved, meaning Maine kids will get to eat their school lunches after all.

Links:

Trump Admin Unveils Exciting Plan To Magic Away Impoundment Lawsuits

https://www.lawandchaospod.com/p/trump-admin-unveils-exciting-plan

RFE/RL v. Lake (USAGM) D.D.C. docket [via Court Listener]

https://www.courtlistener.com/docket/69752936/rferl-inc-v-lake/

US Agency for Global Media DC Circuit docket [via Court Listener]

https://storage.courtlistener.com/recap/gov.uscourts.cadc.42001/

America First Legal Foundation v. Chief Justice Roberts [Docket via Court Listener]

https://www.courtlistener.com/docket/69924761/america-first-legal-foundation-v-roberts/

Perkins Coie LLP v. Dept. of Justice [Docket via Court Listener]

https://www.courtlistener.com/docket/69725919/perkins-coie-llp-v-us-department-of-justice/

US v. Kirk [Docket via Court Listener]

https://www.courtlistener.com/docket/69580642/united-states-v-kirk/

US v. Smirnov

https://www.courtlistener.com/docket/68254959/united-states-v-smirnov

Show Links:

https://www.lawandchaospod.com/

BlueSky: @LawAndChaosPod

Threads: @LawAndChaosPod

Twitter: @LawAndChaosPod

Well, it's finally happened. A federal judge has finally ruled that we are not being invaded by Venezuela and so the president can't just shout "ALIEN ENEMIES ACT" as an excuse to kidnap people and send them to a torture gulag in El Salvador. And it was a Trump appointee who did it! Also, Mike Lindell is somehow still here.

Links:

Conservative Judge Saves VOA, Savages SCOTUS

https://www.lawandchaospod.com/p/conservative-judge-saves-voa-savages

J.A.V. v. Trump [Docket via Court Listener]

https://www.courtlistener.com/docket/69862833/jav-v-trump

'Historical loss': Alleged gang leader evades US justice with deportation to El Salvador

https://www.cnn.com/2025/03/24/politics/ms-13-leader-deported-el-salvador-boasberg-order/index.html

Madawhi v. Trump [Docket via Court Listener]

https://www.courtlistener.com/docket/69888582/mahdawi-v-trump/

Eric Coomer: Pawn Plant or Perp?

https://www.scribd.com/document/511804143/1-5019632676605264266

Dominion v. Lindell DC Docket (Judge Nichols)

https://www.courtlistener.com/docket/59670901/us-dominion-inc-v-my-pillow-inc/

Coomer v. Lindell Colorado Docket

https://storage.courtlistener.com/recap/gov.uscourts.cod.215068/

Redline of "draft" versus final opposition filed in Colorado

https://storage.courtlistener.com/recap/gov.uscourts.cod.215068/gov.uscourts.cod.215068.311.2_1.pdf

Show Links:

https://www.lawandchaospod.com/

BlueSky: @LawAndChaosPod

Threads: @LawAndChaosPod

Twitter: @LawAndChaosPod