Law and Chaos

Breaking! The president is bugf*** insane! But first … docket alerts. Dun-dun-DUNNNNN.

We've reached the "yelling at chestnuts for being lazy" stage of the presidency, as Trump barks out ever-nuttier orders.

Meanwhile in Texas, Judge Matthew Kacsmaryk managed to moot the appeal of an LGBTQ+ student group at West Texas A&M which sued in 2023 to enjoin their school's ban on drag shows. All he had to do was rush out an opinion in 48 hours saying that drag shows are not expressive conduct covered by the First Amendment. And lie about Fifth Circuit precedent!

TG we have at least one good legal development, this time out of Minnesota!

For the main show, we'll break down the legal implications of Elon Musk building a chatbot in his own abusive troll image. Will the Take It Down Act put a stop to AI generation of deepfake CSAM and NCII?

Meanwhile over at the Department of Homeland Security, Secretary Kristi Noem and her minions are a wee smidge confused about the Fourth Amendment. If you can even believe it! But even a blind squirrel gets a nut once in a while. DHS wins a round against legislators seeking to inspect ICE detention facilities thanks to some creative accounting. But the victory may be short-lived.]

And subscribers will get another visit with that Overstock.com weirdo Patrick Byrne, who managed to lose a defamation case against the most defamation-proof defendant in America. Guest starring: Stefanie Lambert.

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The Trump administration's war on Minnesota continues, and now the president is threatening to invoke the Insurrection Act. Clearly he thinks that is synonymous with declaring THE PURGE. But he's wrong, and we'll tell you why. Plus we've got good news(!) on California redistricting, green energy, and voting rights.

Links:

Tangipa v. Newsom [CA gerrymander]

https://storage.courtlistener.com/recap/gov.uscourts.cacd.994285

The Atlantic Monthly v. Google [Google ad antitrust]

https://www.courtlistener.com/docket/72135468/the-atlantic-monthly-group-llc-v-google-llc/

US v. Oregon [DOJ demands OR voter rolls]

https://www.courtlistener.com/docket/71363789/united-states-v-state-of-oregon/

US v. Weber [DOJ demands CA voter rolls]

https://www.courtlistener.com/docket/71452580/united-states-v-shirley-weber

Minnesota v. USDA

https://www.courtlistener.com/docket/72074911/state-of-minnesota-v-united-states-department-of-agriculture/

Minnesota v. Noem

https://www.courtlistener.com/docket/72132615/state-of-minnesota-v-noem/?order_by=desc

Tincher v. Noem

https://www.courtlistener.com/docket/72047643/tincher-v-noem/

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Markets are freaked out about the DOJ's threats to Federal Reserve Chair Jerome Powell. And so are we! We've got a deep dive into a court order barring Trump from adding an extra-legal proof of citizenship requirement to voter registration forms and a breakdown of Illinois and Minnesota's respective lawsuits against ICE and CBP. And for subscribers, we'll explain why JD Vance's claim that "Every president, Democrat or Republican, believes the War Powers Act is fundamentally a fake and unconstitutional law," is utter BS.

Links:

Kelly v. Hegseth

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

Neguse v. ICE

https://www.courtlistener.com/docket/70964222/neguse-v-us-immigration-and-customs-enforcement

New York v. Burgum [Nichols]

https://www.courtlistener.com/docket/72126766/state-of-new-york-v-burgum/

New York v. Burgum [Lamberth]

https://www.courtlistener.com/docket/72126847/state-of-new-york-v-burgum/

Federal prosecutor in Virginia fired after refusing to lead Comey case

https://www.theguardian.com/us-news/2026/jan/12/us-attorney-virginia-fired-j

Trump DOJ fires prosecutor who declined to pursue James Comey case

https://www.ms.now/news/trump-doj-fires-prosecutor-who-declined-to-pursue-james-comey-case

Washington v. Trump [Election EO]

https://www.courtlistener.com/docket/69845185/state-of-washington-v-trump/

Illinois v. DHS

https://www.courtlistener.com/docket/72131845/state-of-illinois-v-department-of-homeland-security/

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Congressional Republicans defect to support two Democratic resolutions. It's not exactly a show of spine — maybe a vertebrae — but is it the beginning of something? Yet another US Attorney gets disqualified, this time in New York. Meanwhile Judges in Virginia wonder how it's remotely ethical for Lindsey Halligan to present herself in court filings as a US Attorney. The DOJ is violating the Epstein Files Transparency Act. And what legal recourse is there for the family of Renee Good, who was executed by ICE officers in Minneapolis. Plus for subscribers: Dominion tries to get Mike Lindell and Patrick Byrne to STFU long enough to wind down their litigation.

Links:

War Powers Resolution

https://www.kaine.senate.gov/imo/media/doc/dav25m71.pdf

Massachusetts v. NIH [Indirect Costs]

https://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/25-1343P-01A.pdf

American Hospital Association v. HHS [Drug Rebates]

https://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/25-2236O-01A.pdf

In Re Grand Jury Subpoenas to the Office of the New York State Attorney General v. US [Disqualification US Atty NDNY]

https://www.courtlistener.com/docket/71844954/in-re-grand-jury-subpoenas-to-the-office-of-the-new-york-state-attorney

US v. Jefferson [Halligan signature challenge]

https://storage.courtlistener.com/recap/gov.uscourts.vaed.586310

US v. Comey [4th Circuit appeal]

https://www.courtlistener.com/docket/72065969/united-states-v-james-comey-jr/?order_by=desc

US v. James [4th Circuit appeal]

https://www.courtlistener.com/docket/72065734/united-states-v-letitia-james/?order_by=desc

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On our first show back after the holidays, Brian Finucane, a senior advisor at the International Crisis Group, explains the legal ramifications of invading Venezuela and kidnapping its leader for "law enforcement." We'll break down the Supreme Court's ruling eviscerating Trump's effort to conscript National Guard troops to terrorize cities. And for subscribers, Justin Baldoni will once again teach us (how not to) CivPro.

Links:

Trump v. Illinois [Supreme Court]

https://www.supremecourt.gov/opinions/25pdf/25a443_new_b07d.pdf

Brian Finucane, Presidential War Powers, the Take Care Clause, and Article 2(4) of the UN Charter, Cornell Law Review (2020)

https://live-cornell-law-review.pantheonsite.io/wp-content/uploads/2020/12/Finucane-final.pdf

1989 OLC Memorandum

https://www.justice.gov/olc/opinion/authority-federal-bureau-investigation-override-international-law-extraterritorial-law

US v. Commonwealth of Virginia [In-state tuition for immigrant children]

https://www.courtlistener.com/docket/72085714/united-states-v-commonwealth-of-virginia/

JGG v. Trump

https://www.courtlistener.com/docket/69741724/jgg-v-trump/?order_by=desc

Lively v. Baldoni

https://www.courtlistener.com/docket/69741724/jgg-v-trump/?order_by=desc

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We come full circle, discussing the most important cases of the year and what we expect to happen in 2026. Kilmar Abrego Garcia is home with his family. The Epstein files are out … sort of. Lindsey Halligan is out … again, sort of. And the Alien Enemies Act case that started it all, J.G.G. v. Trump, comes roaring back to life.

Links:

US v. Abrego Garcia

https://www.courtlistener.com/docket/70476164/united-states-v-abrego-garcia

US v. Dugan

https://www.courtlistener.com/docket/70255703/united-states-v-dugan

US justice official leading prosecutions of minor crimes pleaded guilty to DUI

https://www.theguardian.com/us-news/2025/sep/23/doj-official-dui

Billups v. Louisville Municipal School District [Grok can make it worse!]

https://www.courtlistener.com/docket/68658788/billups-v-louisville-municipal-school-district

US v. Abrego Garcia

https://www.courtlistener.com/docket/70476164/united-states-v-abrego-garcia/

J.G.G. v. Trump

https://www.courtlistener.com/docket/69741724/jgg-v-trump/

Epstein Files Transparency Act

https://www.congress.gov/bill/119th-congress/house-bill/4405

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Liz and Andrew discuss the state of legal journalism. Trump is attacking the judiciary in the media — sometimes both at once. How is covering Trump different this time around? And what gives us hope for journalism and democracy? Plus: what's going on in the trial of Wisconsin judge Hannah Dugan?

Links:

AllRiseNews.com

US v. Dugan

https://www.courtlistener.com/docket/70255566/united-states-v-dugan/?order_by=desc

America First Legal Foundation v. Trump

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

US v. James [Yet another botched no bill]

https://www.courtlistener.com/docket/72052126/united-states-v-james/

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What do the National Labor Relations Board, Blake Lively's lawsuit against Justin Baldoni, and Lindsey Halligan have in common? They're all swimming in the chaos soup cooked up by a Supreme Court that engages in motivated reasoning and jettisons precedent whenever it gets in the way. Eat up!

Links:

Richman v. US

https://www.courtlistener.com/docket/71982634/richman-v-united-states/?order_by=desc

Corporate Union Busting in Plain Sight, Economic Policy Institute, January 28, 2025

https://www.epi.org/publication/corporate-union-busting/

Amazon Services LLC v. New York State Public Employment Relations Board (New York Litigation) [docket via CourtListener]

https://www.courtlistener.com/docket/71421477/amazoncom-services-llc-v-new-york-state-public-employment-relations-board/

National Labor Relations Board v. State of California (California Litigaton) [docket via CourtListener]

https://www.courtlistener.com/docket/71657795/national-labor-relations-board-v-state-of-california/

National Trust for Historic Preservation v. National Parks Service

https://www.courtlistener.com/docket/72028010/national-trust-for-historic-preservation-in-the-united-states-v-national/

List of Trump Clemency Grants

https://www.justice.gov/pardon/clemency-grants-president-donald-j-trump-2025-present

US v. Abrego

https://www.courtlistener.com/docket/70475970/united-states-v-abrego-garcia/?order_by=desc

Abrego Garcia v. Noem

https://www.courtlistener.com/docket/71191591/abrego-garcia-v-noem

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Today the government is getting sued by an app developer, Capitol Cops, FBI agents, Kilmar Abrego Garcia, California, Daniel Richman, Mike Flynn, and a boatload of January 6 rioters — although those last two are basically sham lawsuits seeking to raid the US Treasury with the help of President Treasonweasel. Two judges in DC seem perilously close to holding the DOJ in contempt. And for subscribers, the unbearable cognitive dissonance of Tina Peters.

Links:

NRSC v. FEC [SCOTUS Docket]

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/24-621.html

Does v. Patel [wrongfully fired FBI agents]

https://www.courtlistener.com/docket/72004388/does-v-patel/

Aaron v. Bondi [ICEBlock]

https://www.courtlistener.com/docket/72003579/aaron-v-bondi/?order_by=desc

Flynn v. US

https://www.courtlistener.com/docket/66930673/flynn-v-united-states/?order_by=desc

Trump Pardoned Them for Jan. 6. Now They Want Millions of Dollars https://www.bloomberg.com/news/articles/2025-12-10/trump-pardoned-them-for-jan-6-now-they-want-millions-of-dollars

Richman v. US

https://www.courtlistener.com/docket/71982634/richman-v-united-states/?order_by=desc

Newsom v. Trump

https://www.courtlistener.com/docket/70496361/newsom-v-trump/?order_by=desc

J.G.G. v. Trump

https://www.courtlistener.com/docket/69741724/jgg-v-trump/?order_by=desc

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Alina Habba has finally tapped out. No more cosplaying as US Attorney for New Jersey for her! Attorney General Pam Bondi promptly declared victory and vowed to appeal. But strangely that vow was not followed by any federal filings. Subscribers will get a deep dive into the Supreme Court's wild hearing in Trump v. Slaughter, as they gleefully contemplated a world where the president staffs his entire administration with hacks.

Links:

Halligan Continues as U.S. Attorney, Prompting Criticism From Judges

https://www.nytimes.com/2025/12/05/us/politics/halligan-us-attorney-judiciary.html

Oral Argument, Supreme Court, Trump v. Slaughter

https://www.supremecourt.gov/oral_arguments/argument_transcripts/2025/25-332_p8k0.pdf

J.G.G. v. Trump

https://www.courtlistener.com/docket/69741724/jgg-v-trump/?order_by=desc

Escobar v. Molina v. DHS

https://www.courtlistener.com/docket/71452519/escobar-molina-v-us-department-of-homeland-security/?order_by=desc

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