Law and Chaos
Ignorance of the law is no excuse! That’s true for a traffic stop, and it’s true if you want to participate in whatever’s left of American democracy. If the events since the 2016 election taught us anything, it’s that tuning out is not an option. Legal journalists Liz Dye and Andrew Torrez break down the week’s most important courtroom stories, so you can keep on top of this crazy news cycle. Whether it’s Texas giving two middle fingers to the Supreme Court, or Donald Trump in all the courts at once, we’ve got you covered.
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Ep 147 — Happy Birthday, America?
07/04/2025
Ep 147 — Happy Birthday, America?
We may not know how to fix America, but we can tell you the law of fireworks! Plus the latest on Kilmar Abrego Garcia and what it tells us about how Homeland Security is carrying out Trump’s deportation regime. Plus, Trump’s lawyers are learning so much about civil procedure by getting their asses kicked all over Iowa. Links: Hundreds of Jan 6ers Are Hoping For Big DOJ Payday US v. Russell [Docket via Court Listener] Abrego Garcia v. Noem [Docket via Court Listener] US v. Garcia [Docket via Court Listener] Trump v. Selzer [Docket via Court Listener] World Population Review of Fireworks Laws by US state Federal Hazardous Substances Act, 15 USC Ch. 30 “Banned Hazardous Substances” regulations, 16 C.F.R. 1500.17 Show Links: BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
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Ep 146 — The Conservative Justices Seize Power
07/01/2025
Ep 146 — The Conservative Justices Seize Power
The Supreme Court’s last day of the term was an exercise of raw power. The six conservative justices gave lower courts the back of their hand, making clear that they — and only they! — will decide the law. Nationwide injunctions are out, and so is stare decisis. Andrew and Liz will break down the power grab, along with Mahmoud v. Taylor, in which the howler monkey wing allowed religious parents to opt their kids out of the “religious coercion” of reading books about gay people. Links: Kennedy v. Braidwood Management. https://www.supremecourt.gov/opinions/24pdf/24-316_869d.pdf Federal Communications Commission v. Consumers’ Research https://www.supremecourt.gov/opinions/24pdf/24-354_0861.pdf Free Speech Coalition v. Paxton https://www.supremecourt.gov/opinions/24pdf/23-1122_3e04.pdf Loper Bright Enterprises v. Raimondo https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.pdf Mahmoud v Taylor https://www.supremecourt.gov/opinions/24pdf/24-297_4f14.pdf Trump v. CASA https://www.supremecourt.gov/opinions/24pdf/24a884_8n59.pdf Show Links: BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
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Ep 145 — SCOTUS Aims For Photo Finish … Gives Us Disaster Porn
06/27/2025
Ep 145 — SCOTUS Aims For Photo Finish … Gives Us Disaster Porn
The Trump administration’s war on the judiciary continues, and this time he’s suing judges. Also, he’s trying to install his henchman Emil Bove in the Third Circuit as a reward for burning down the firewall between the White House and the DOJ. Luckily SCOTUS is distracting us by cramming as many horrible decisions as possible into the last two days of the term. Links: SCOTUS 23-1002 Hewitt v. United States https://www.supremecourt.gov/opinions/24pdf/23-1002_1p24.pdf SCOTUS 23-1275 Medina v. Planned Parenthood South Atlantic SCOTUS 23-7809 Gutierrez v. Saenz A judge sided with Trump. Behind the scenes, he was lobbying for a nomination. Erez Reuveni DOJ Whistleblower Report Law and Chaos, The Trump Administration Is Lawless. Judges Are Adapting. [Substack post] Tatis v. Big League Advance Fund US v. Russell [Docket via Court Listener] https://www.courtlistener.com/docket/70627303/united-states-of-america-v-russell/ Show Links: BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
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Ep 144 — Don’t Make Us Side With Disney And Harvard
06/24/2025
Ep 144 — Don’t Make Us Side With Disney And Harvard
The Supreme Court’s howler monkey wing greenlights Trump’s third country renditions without notice and cuts the legs out from underneath the entire federal judiciary. So much for CJ Roberts, protector of the courts! And the Ninth Circuit lets Trump steal California’s National Guard for a fictitious emergency. In better news, Harvard gets an injunction against the government’s effort to kneecap it by blocking foreign students. And Disney takes on Midjourney, the AI company whose business model appears to rest on wholesale copyright infringement. Links: Supreme Court Shadow Docket Order DHS v. DVD President and Fellows of Harvard College v. United States Department of Homeland Security [Docket via Court Listener] Newsom v. Trump [Trial Docket via Court Listener] Newsom v. Trump [9th Circuit Docket via Court Listener] US v. Abrego [TN Criminal Docket via Court Listener] Disney v. Midjourney (C.D. Cal.) [docket via CourtListener] https://www.courtlistener.com/docket/70513159/disney-enterprises-inc-v-midjourney-inc/ Midjourney Terms of Service https://docs.midjourney.com/hc/en-us/articles/32083055291277-Terms-of-Service 2022 Midjouney interview in The Register https://www.theregister.com/2022/08/01/david_holz_midjourney/ Show Links: BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
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Ep 143 — SCOTUS Bullies Trans Kids
06/20/2025
Ep 143 — SCOTUS Bullies Trans Kids
This week the Supreme Court’s conservatives greenlit an all-out attack on trans kids and their healthcare. So much for parents’ rights! At least Alex Jones is still bankrupt. And the trustee in his bankruptcy case just sued him to claw back millions of dollars in “fraudulent” transfers to his friends and family. Plus, we’ll discuss NYC Comptroller Brad Lander, Judge Hannah Dugan, and everyone else swept up in ICE’s deranged dragnet. Links: US v. Skrmetti (S. Ct. 2025) https://www.supremecourt.gov/opinions/24pdf/23-477_2cp3.pdf Alex Jones bankruptcy (S.D. Texas) [docket via CourtListener] https://www.courtlistener.com/docket/66583024/alexander-e-jones-and-official-committee-of-unsecured-creditors Show Links: BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
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Ep 142 — Who Is The Administrator of DOGE (feat. Anna Bower)
06/17/2025
Ep 142 — Who Is The Administrator of DOGE (feat. Anna Bower)
Liz and Andrew welcome Lawfare’s Anna Bower back to the show to discuss her singular obsession: who is the administrator of DOGE? Find out why that’s still a critical question and what discovering the answer might mean in terms of undoing policy, preserving records, and more. Links: Who Is The Administrator of DOGE, by Anna Bower Show Links: BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
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Ep 141 — California to Trump: DROP DEAD
06/13/2025
Ep 141 — California to Trump: DROP DEAD
A federal judge has ruled that Donald Trump illegally seized control of the California National Guard. We tell you everything that means and what happens next. Also, Kilmar Abrego Garcia is home and facing trumped-up charges in Tennessee. And Alina Habba is still cosplaying as a prosecutor, and this time she’s decided to try and indict a sitting member of Congress for doing her job. Links: Newsom v. Trump [Docket via Court Listener] Abrego Garcia v. Noem [Docket via Court Listener] US v. Abrego Garcia [docket via Court Listener] US v. Mciver [Docket via Court Listener] https://www.courtlistener.com/docket/70317726/united-states-v-mciver Show Links: BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
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Ep 140 — Protest =/= Rebellion
06/10/2025
Ep 140 — Protest =/= Rebellion
The Trump administration is trying to provoke a riot in California by “federalizing” the National Guard. We’ll tell you what that means and what legal recourse blue states and cities have to resist being occupied by the military. Plus, it turns out that the Trump administration could facilitate the return of Kilmar Abrego Garcia after all, it just needed to gin up a dubious criminal indictment first. And finally, Justin Baldoni’s trollsuit against Blake Lively meets precisely the demise we told you it would. Links: US v. Abrego Garcia [docket via Court Listener] DHS Referral to DOJ (Abrego Garcia) Abrego Garcia v. Noem [District Docket] Harvard College v. Department of Health and Human Services [Docket via Court Listener] White House Memo Federalizing National Guard Show Links: BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
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Ep 139 — You Get A Civ Pro, And You Get A Civ Pro…
06/06/2025
Ep 139 — You Get A Civ Pro, And You Get A Civ Pro…
Justin Baldoni’s lawyers are wilding out, the Justice Department is suing to purge North Carolina’s voter rolls, and Pillow Pumper Mike Lindell is teaching us about journalism shield laws. And for subscribers: Have Trump’s minions discovered one weird trick that will allow them to steal Congress’s tariff authority? Links: Kingdom v. Trump Trump's Justice Department examining pardons issued by Biden US v. Navarro https://www.courtlistener.com/docket/63359365/united-states-v-navarro/ J.G.G. v. Trump [District Court Docket] Wayfarer Studios v. Lively Lively v. Wayfarer Studios, LLC Coomer v. Lindell Covington & Burling tariffs article 19 USC 1338 US v. North Carolina State Board of Elections [docket via Court Listener] Help America Vote Act, 52 USC 21083 Show Links: BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
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Ep 138 — Trump Admin Courts Contempt In Every Court At Once
06/03/2025
Ep 138 — Trump Admin Courts Contempt In Every Court At Once
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. Judge Russell Standing Order Trump v. Selzer [Docket via Court Listener] Arevalo Millan v. Trump [Docket via Court Listener] Melgar-Salmeron v. Bondi SCOTUS Orders List for June 2, 20025 J.O.P. v. Department of Homeland Security [District Court Docket] Show Links: BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
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Ep 137 — Trump’s Bad Week In All The Courts
05/30/2025
Ep 137 — Trump’s Bad Week In All The Courts
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] V.O.S. Selections, Inc. v. Trump [District Court Docket via Court Listener] 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] 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] Department of Homeland Security v. D.V.D. [SCOTUS Docket] 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 Show Links: BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
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Ep 136 — Trump Announces Plan To Break Law. Gets Immediately Enjoined. Again.
05/27/2025
Ep 136 — Trump Announces Plan To Break Law. Gets Immediately Enjoined. Again.
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] 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: BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
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Ep 135 — Deadpool Teaches Civ Pro & Church And State Are Still Separate (For Now!)
05/23/2025
Ep 135 — Deadpool Teaches Civ Pro & Church And State Are Still Separate (For Now!)
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’ Judge James Ho Public Meltdown D.V.D. v. Department of Homeland Security [Docket via Court Listener] Somerville Public Schools v. Trump [Docket via Court Listener] 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] Oklahoma Statewide School Board v. Drummond [Supreme Court per curiam order] Lively v. Baldoni (SDNY) [docket via CourtListener] We Can Bury Anyone’: Inside a Hollywood Smear Machine, New York Times Show Links: BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
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Ep 134 — Everybody Hates Sam (and ChatGPT)
05/20/2025
Ep 134 — Everybody Hates Sam (and ChatGPT)
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 New York Times, “Emil Bove, Top Justice Dept. Official, Is Considered For Circuit Court Nomination” Noem v. National TPS Alliance et al. [SCOTUS Miscellaneous order] Washington Post, “Trump Justice Dept. considers removing key check on lawmaker prosecutions” State of Texas v. EEOC order (Kacsmaryk) DOJ OCR Letter Harmeet Dhillon to Brandon Johnson Show Links: BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
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Ep 133 — The Supreme Court is LAWLESS (feat. Leah Litman)
05/16/2025
Ep 133 — The Supreme Court is LAWLESS (feat. Leah Litman)
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 Show Links: BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
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Ep 132 — For My Friends, A Plane. For My Enemies, The Law.
05/13/2025
Ep 132 — For My Friends, A Plane. For My Enemies, The Law.
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 W.M.M. v. Trump (Alien Enemies Act case in Northern District of Texas) US v. Baraka https://www.courtlistener.com/docket/70242142/united-states-v-baraka/ Show Links: BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
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Ep 131 — Trial Judges Know What’s Up
05/09/2025
Ep 131 — Trial Judges Know What’s Up
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 Widakuswara v. Lake [Circuit Court Docket] Dragon Law Docket J.O.P. v. Department of Homeland Security [District Court Docket] U.S. v. Watkins (SDNY 1946) G.F.F. v. Trump [SDNY Docket] Milligan v. Allen Docket https://www.courtlistener.com/docket/61494291/milligan-v-allen/ Show Links: BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
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Ep 130 — The Justice Department Is Borked
05/06/2025
Ep 130 — The Justice Department Is Borked
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 RFE/RL v. Lake (USAGM) D.D.C. docket [via Court Listener] US Agency for Global Media DC Circuit docket [via Court Listener] America First Legal Foundation v. Chief Justice Roberts [Docket via Court Listener] Perkins Coie LLP v. Dept. of Justice [Docket via Court Listener] US v. Kirk [Docket via Court Listener] US v. Smirnov Show Links: BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
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Ep 129 — No, We Are Not At War With Venezuela
05/02/2025
Ep 129 — No, We Are Not At War With Venezuela
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 J.A.V. v. Trump [Docket via Court Listener] ‘Historical loss’: Alleged gang leader evades US justice with deportation to El Salvador Madawhi v. Trump [Docket via Court Listener] Eric Coomer: Pawn Plant or Perp? Dominion v. Lindell DC Docket (Judge Nichols) Coomer v. Lindell Colorado Docket Redline of “draft” versus final opposition filed in Colorado Show Links: BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
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Ep 128 — Trump Plan Impress Judges By Perpwalking One Of Their Colleagues Backfires Bigly
04/29/2025
Ep 128 — Trump Plan Impress Judges By Perpwalking One Of Their Colleagues Backfires Bigly
Judges across the country are calling BS on the Trump administration’s lies in court. But the government has come up with a genius plan to impress the judiciary by perpwalking a Wisconsin judge out of her own courthouse. If that doesn’t work, they’ll try contaminated milk. Links: STRENGTHENING AND UNLEASHING AMERICA’S LAW ENFORCEMENT TO PURSUE CRIMINALS AND PROTECT INNOCENT CITIZENS State of NY v. Department of Education [Docket via Court Listener] American Bar Association v. DOJ [Docket via Court Listener] NTEU v. Vought [DDC docket] NTEU v. Vought [DC Cir docket] Trump Administration Previews Genius New Legal Strategy US v. Dugan docket (E.D. Wisc.) Russell W. Currier and John A. Widness, A Brief History of Milk Hygiene and Its Impact on Infant Mortality from 1875 to 1925 and Implications for Today: A Review, Journal of Food Protection (Oct. 2018) Could changes at the FDA call the kosher status of milk into question? Many are asking. Jerusalem Post, April 25, 2025 Show Links: BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
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Ep 127 — You get a TRO! And you get a TRO! Everyone gets a TRO!
04/25/2025
Ep 127 — You get a TRO! And you get a TRO! Everyone gets a TRO!
After burning down its credibility with every judge in the country, the Trump administration finds itself slapped with injunctions in every courtroom. Coincidence? Plus, the Department of Homeland Security discovers one weird trick to get around court orders barring deportations. And it is … to stand back and let the Defense Department do it for them! Links: MTA v. Duffy (NY Congestion Pricing) [Docket via Court Listener] House Dems Demand Letters to Vichy Bar SDNY resignation letter City and County of San Francisco v. Donald J. Trump [Docket via Court Listener] Abramowitz v. Lake [Docket via Court Listener] J.A.V. v. Trump [Docket via Court Listener] D.V.D. v. Homeland Security (Notice of Removal to Third Country) [Docket via Court Listener] Show Links: BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
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Ep 126 — SCOTUS Decides Maybe There Is Something In The Constitution About Due Process After All
04/22/2025
Ep 126 — SCOTUS Decides Maybe There Is Something In The Constitution About Due Process After All
The Trump administration spent the weekend trying hard to rendition immigrants to foreign gulags. But Supreme Court took some baby steps this weekend toward maybe possibly doing their damn jobs and ensuring that the rule of law survives. And in the biggest surprise since the stock market dropping like a rock on news of crippling tariffs on China, Pete Hegseth is texting war plans AGAIN. And for subscribers, Harvard University sues the Trump administration. Links: D.V.D. v. Homeland Security (Notice of Removal to Third Country) [Docket via Court Listener] AFGE, AFL-CIO v. Office of Personnel Management [Docket via Court Listener] President and Fellows of Harvard College v. US Department of Health and Human Services American Oversight v. Hegseth [Docket via Court Listener] A.A.R.P. (W.M.M.) v. Trump [SCOTUS Docket] W.M.M. (A.A.R.P.) v. Trump [Trial Docket via Court Listener] A.A.R.P. (W.M.M.) v. Trump [Fifth Circuit Docket] https://www.courtlistener.com/docket/69913684/aarp-v-trump/ Show Links: BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
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Ep 125 — Trial Judges Stand Up As SCOTUS Cowers
04/18/2025
Ep 125 — Trial Judges Stand Up As SCOTUS Cowers
Chief Justice Roberts and the howler monkeys rolled over and played dead. But lower court judges understand the assignment, including Fourth Circuit Judge Harvie Wilkinson, a conservative icon. He read Trump — and implicitly the Supreme Court — for filth. But will it be enough? Liz and Andrew discuss the latest developments in the Salvadoran rendition cases. Plus, Trump moves to put US taxpayers on the hook for the E. Jean Carroll verdict. Links: Abrego Garcia v. Noem [District Docket] Abrego Garcia v. Noem [Fourth Circuit Docket] Noem v. Abrego Garcia [SCOTUS Docket] J.G.G. v. Trump [District Docket] J.G.G. v. Trump [SCOTUS Docket] Carroll v. Trump [Second Circuit Docket] https://www.courtlistener.com/docket/68985738/carroll-v-trump/ Show Links: BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
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Ep 124 — So Much For SCOTUS’s Brilliant Plan To Head Off That Judicial Crisis
04/15/2025
Ep 124 — So Much For SCOTUS’s Brilliant Plan To Head Off That Judicial Crisis
If Chief Justice Roberts thought he was going to protect the judiciary by throwing trial judges under the bus, he was spectacularly mistaken. The case of Kilmar Abrego Garcia is hurtling toward contempt proceedings, with the government in open defiance of the court’s order to un-kidnap him. And meanwhile, Attorney General Pam Bondi is running the Justice Department like an arm of the Trump campaign. And for subscribers: Trump steals lunch from poor kids in Maine because the state’s governor is nice to trans kids in accordance with Maine law. The state is suing, in a test case for the administration’s plan to use tax dollars as a cudgel to force social policy without having to pass laws. Links: AP v. Budowich [DC Circuit Docket] AP v. Budowich [DC District Docket] Susman Godfrey LLP v. Trump [Docket] US v. Smirnov [District Docket] US v. Smirnov [Circuit Docket] US v. Mangione [District Docket] US v. Villatoro Santos [District Docket] https://www.courtlistener.com/docket/69804416/united-states-v-villatoro-santos/ Abrego Garcia v. Noem [District Docket] Maine v. USDA [District Docket] https://www.courtlistener.com/docket/69853711/state-of-maine-v-united-states-department-of-agriculture/ Show Links: BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
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Ep 123 — SCOTUS Will Protect Due Process. A Little Bit. If It Has To.
04/11/2025
Ep 123 — SCOTUS Will Protect Due Process. A Little Bit. If It Has To.
The Supreme Court had two big immigration rulings this week on deportees to the Salvadoran gulag prison: One terrible and one … marginally okay. Meanwhile at the White House, Tariff Man is running amok! Luckily, he extorted hundreds of millions of dollars worth of big firm billable hours to defend the government. But not from Susman Godfrey, the target of his latest wildly illegal executive order. Links: Tech Policy Podcast with Corbin Barthold (Liz and Andrew guest appearance) Abrego Garcia v. Noem (D.Md. docket) Abrego Garcia (SCOTUS Docket) https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/24a949.html Perkins Coie Docket J.G.G. v. Trump (SCOTUS docket) SCOTUS: Rendition Is Fine Actually Jenner & Block Docket J.A.V. v. Trump (S.D. Texas docket) G.F.F. v. Trump (S.D.N.Y. docket) Susman Godfrey EO Show Links: BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
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Ep 122 — Hang Together or Hang Separately (feat. Ken White)
04/08/2025
Ep 122 — Hang Together or Hang Separately (feat. Ken White)
Liz and Andrew sit down with fellow legal podcaster Ken White, AKA “Popehat,” to discuss the Trump administration’s attack on law firms. Who’s fighting? Who’s folding? And who’s f—ed? Plus an update on the case of the Maryland man deported to a torture prison in El Salvador, and the legal effort to get him home. And for subscribers: The DC Circuit considers if Humphreys Executor is dead, or just mostly dead? Links: Serious Trouble Podcast https://podcasts.apple.com/us/podcast/serious-trouble/id1630160928 Wilcox docket (DC Cir) Abrego Garcia v Noem Docket (4th Cir) Perkins Coie Docket https://www.courtlistener.com/docket/69725919/perkins-coie-llp-v-us-department-of-justice/ Jenner & Block Docket WilmerHale Docket Show Links: BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
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Ep 121 — Trump’s Tariff Math … It’s Dumber Than You Think
04/04/2025
Ep 121 — Trump’s Tariff Math … It’s Dumber Than You Think
Why does the President of the United States not know what tariffs are, why does he want to crash the world economy, and can he do any of it? We answer as many of those questions as we can. Come for phi times epsilon times m sub i, stay for the Trading With the Enemy Act of 1917. Plus! Judge James Boasberg in D.C. is NOT HAPPY the administration flouted his orders and intends to figure out who was responsible and why. Also, things are about to get ugly at the D.C. Circuit. Links: DC Circuit Local Rules Trump Tariff EO Trump Annex I to Tariff EO USTR on how tariffs are calculated The Economist, “President Trump’s Mindless Tariffs Will Cause Economic Havoc” Forbes, “How Much Would An iPhone Cost If Apple Were Forced to Make it In America?” Emily Ley Paper Inc. v. Trump https://www.courtlistener.com/docket/69842090/emily-ley-paper-inc-v-trump/ Show Links: BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
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Ep 120 — All The President’s Restraining Orders
04/01/2025
Ep 120 — All The President’s Restraining Orders
Time to round up the latest in lawsuits against the Trump administration. The trans military ban is blocked. Renditioning Venezuelans to El Salvador without due process is blocked. The shutdown of the CFPB is blocked. The shutdown of the US Inst of Peace … not blocked. Yet! Liz and Andrew run down a bunch of the Trump cases and explain why it seems like every day brings another restraining order. (Hint: It’s because Trump wants to do lots of illegal stuff in a hurry.) Links: Name & Shame Shilling v. Trump Docket Jenner & Block v. DOJ Docket WilmerHale v. Executive Office of the President Docket Georgetown students’ letter to Skadden US v. Sanders (5th Cir. 2025) Eakin v. Adams County Board of Elections Docket https://www.courtlistener.com/docket/65738841/eakin-v-adams-county-board-of-elections/ J.G.G. v. Trump (D.D.C. - Judge Boasberg - Alien Enemies Act) docket Trump v. JGG (SCOTUS Docket) US Institute for Peace v. Jackson Docket NTEU v. Vought (DDC docket) NTEU v. Vought (DC Cir Appeal) Show Links: BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
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Ep 119 — But Her Signal Messages
03/28/2025
Ep 119 — But Her Signal Messages
Play stupid games, win stupid prizes. Trump hand-picked his national security team to troll the libs, and boy did he get us good. From Pete Hegseth to Tulsi Gabbard to John Ratcliffe, each pick seemed more incompetent than the last. But are they also criminals? We break down all the criminal, civil, and record-keeping issues in Signalgate. Also: we’ve got good news from the D.C. Circuit as a conservative panel declines to hand Trump the unreviewable power to deport anyone, anywhere under the Alien Enemies Act of 1798. Things are… maybe looking up? Links: J.G.G. v. Trump (D.D.C. - Judge Boasberg - Alien Enemies Act) docket J.G.G. v. Trump (DC Circuit) docket American Oversight v. Hegseth (D.D.C. - Judge Boasberg - Signalgate) docket Shilling v. Trump (W.D. Wash - trans military ban) docket Show Links: BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
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Ep 118 — Trump v. Rule of Law
03/25/2025
Ep 118 — Trump v. Rule of Law
It’s another week in paradise with the Trump administration trying to burn down the government. First we’ll talk about the attack on law firms and judges, then we’ve got a breakdown of the newest executive order on immigration silos. You know when they try to hide crazy sh*t under the most boring, generic label ever. It’s that! Plus subscribers get a visit with Dinesh D’Souza. Links: Perkins Coie v. DOJ docket JGG v. Trump (DC) docket (removal under the Alien Enemies Act) Does 1-26 v. Musk [Docket] The Trump Administration Accidentally Texted Me Its War Plans Presidential Proclamation on information silos “Fact Sheet” OMB Data on Improper Payments GAO Report on Improper Payments PIIA Show Links: BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
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