Law and Chaos

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/

Show Links:
https://www.lawandchaospod.com/
BlueSky: @LawAndChaosPod
Threads: @LawAndChaosPod
Twitter: @LawAndChaosPod

See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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

Show Links:
https://www.lawandchaospod.com/
BlueSky: @LawAndChaosPod
Threads: @LawAndChaosPod
Twitter: @LawAndChaosPod

See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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

Show Links:
https://www.lawandchaospod.com/
BlueSky: @LawAndChaosPod
Threads: @LawAndChaosPod
Twitter: @LawAndChaosPod

See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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

Show Links:
https://www.lawandchaospod.com/
BlueSky: @LawAndChaosPod
Threads: @LawAndChaosPod
Twitter: @LawAndChaosPod

See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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

Show Links:
https://www.lawandchaospod.com/
BlueSky: @LawAndChaosPod
Threads: @LawAndChaosPod
Twitter: @LawAndChaosPod

See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.