『Minimum Competence』のカバーアート

Minimum Competence

Minimum Competence

著者: Andrew and Gina Leahey
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The idea is that this podcast can accompany you on your commute home and will render you minimally competent on the major legal news stories of the day. The transcript is available in the form of a newsletter at www.minimumcomp.com.

www.minimumcomp.comAndrew Leahey
政治・政府 政治学
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  • Legal News for Tues 7/8 - Lawsuit Against RFK and HHS Over Vaccine Schedule, Trump Targets Hondurans and Nicaraguans, and Maryland's Troubled New Tech Tax
    2025/07/08
    This Day in Legal History: Vermont Abolishes Slavery for MenOn July 8, 1777, the Vermont Republic adopted a constitution that became the first in what would eventually become the United States to formally abolish slavery. At the time, Vermont was not yet a state—it was an independent republic formed after declaring independence from both New York and British colonial rule. The new constitution, influenced by Enlightenment principles and revolutionary ideals, declared that “no male person born in this country, or brought from over sea, ought to be held by law, to serve any person, as a servant, slave or apprentice” after the age of 21.This clause effectively outlawed slavery for adult men and set the groundwork for emancipation, although enforcement was inconsistent. Vermont’s action was revolutionary, especially considering that slavery remained deeply entrenched in both the southern and northern American colonies. While other Northern states like Pennsylvania and Massachusetts would later take steps toward abolition, Vermont’s constitutional ban was a bold and early legal rebuke of human bondage.Despite its symbolic significance, the legal impact was somewhat limited. Vermont did not join the Union until 1791, and historical records indicate that some slavery-like practices may have persisted unofficially. Nevertheless, the 1777 constitution established an early legal precedent for anti-slavery sentiment, showing how legal documents could be used to challenge institutional oppression. The language also hinted at the contradictions between American ideals of liberty and the reality of enslavement.Several major U.S. medical organizations filed a lawsuit on July 7 against Health and Human Services Secretary Robert F. Kennedy Jr. and the HHS, challenging recent changes to federal COVID-19 vaccine policy. The plaintiffs—including the American Academy of Pediatrics and the American College of Physicians—are seeking to overturn Kennedy’s directive removing COVID-19 vaccines from the CDC’s immunization schedules for children and pregnant women. They argue that the move poses an immediate threat to public health and undermines evidence-based medical policy.The complaint accuses Kennedy of dismantling the federally established vaccine framework that has historically saved millions of lives. Kennedy, a longtime vaccine skeptic, took control of HHS earlier this year and has taken steps to reshape vaccine policy. In addition to altering the immunization schedules, he also dismissed all 17 members of the CDC’s independent vaccine advisory committee and replaced them with seven individuals, some of whom have publicly opposed vaccination.Medical groups contend that these actions are not grounded in science and place vulnerable populations at significant risk of preventable diseases. HHS has not yet commented on the lawsuit.Medical groups sue HHS, Kennedy over vaccine policy | ReutersThe Biden administration had extended Temporary Protected Status (TPS) for Hondurans and Nicaraguans in 2023, citing lingering effects of Hurricane Mitch, political instability, and economic hardship. But on July 7, the Department of Homeland Security under President Donald Trump announced it will end those protections effective September 6, 2025, impacting roughly 72,000 Hondurans and 4,000 Nicaraguans. TPS offers deportation relief and work permits to migrants from countries experiencing crisis, but Trump officials argue the program has been overused.Homeland Security Secretary Kristi Noem said both countries have recovered significantly, referencing tourism, real estate, and energy developments. Critics, including Democrats and migrant advocates, say ending TPS will uproot people who have legally lived and worked in the U.S. for decades and may force them to return to dangerous or unstable conditions. The Honduran deputy foreign minister acknowledged the decision wasn't country-specific, but part of a broader rollback of TPS protections.Trump’s administration has already targeted TPS designations for migrants from Venezuela, Haiti, Afghanistan, and Cameroon. Legal battles continue over the policy’s rollback: while the Supreme Court recently upheld ending TPS for Venezuelans, a federal judge blocked the termination for Haitians just last week.Trump to end deportation protections for thousands of Hondurans and Nicaraguans | ReutersMy column for Bloomberg this week focuses on Maryland’s new 3% digital services tax, which took effect on July 1. I argue that while the state’s goal of modernizing its tax base is understandable, the execution creates more problems than it solves. Rather than taxing consumption—the standard, more efficient route—Maryland is taxing business inputs like data hosting and web services. This approach violates basic tax principles, potentially stifling investment and driving up operational costs for firms doing business in the state.The administrative burden is uniquely complex. ...
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    6 分
  • Legal News for Mon 7/7 - Trump Deportation Full Trial, Apple EU Antitrust Appeal, Looming Trump Cuts to Legal Aid for Domestic Violence Survivors
    2025/07/07
    This Day in Legal History: Newlands ResolutionOn July 7, 1898, President William McKinley signed the Newlands Resolution, formally annexing the Hawaiian Islands into the United States. Unlike traditional territorial expansion through treaties, this annexation occurred via a joint resolution of Congress—an unusual and legally contested mechanism. The resolution was named after Representative Francis Newlands of Nevada and passed by a narrow margin, reflecting deep divisions over imperialism, expansion, and national identity. Supporters argued that annexing Hawaii would bolster American strategic and economic interests, particularly as the U.S. was engaged in the Spanish-American War and needed a naval base in the Pacific.The legality of annexation by joint resolution, as opposed to treaty ratification requiring a two-thirds Senate majority, sparked constitutional debate. Critics contended that this method sidestepped constitutional checks and amounted to imperial overreach. Native Hawaiians had overwhelmingly opposed annexation, as demonstrated in the Kūʻē Petitions signed by over 20,000 islanders. The resolution disregarded this opposition, cementing a colonial dynamic that would echo in future U.S. territorial acquisitions.The annexation also laid the groundwork for the eventual formation of the Territory of Hawaii in 1900 and its statehood in 1959, though not without continued controversy and calls for sovereignty. Legally, the Newlands Resolution exemplified the flexibility—and limits—of congressional authority in foreign affairs and territorial governance. It also introduced enduring questions about consent, self-determination, and the legitimacy of U.S. expansionism under constitutional law.This event highlights how domestic legal processes were used to justify international actions, revealing tensions between democratic ideals and imperial ambitions.A rare trial is beginning in Boston over a lawsuit challenging the Trump administration's policy of deporting international students and faculty involved in pro-Palestinian activism. The case was brought by academic groups including the American Association of University Professors and the Middle East Studies Association. It centers on actions taken after Trump signed executive orders targeting non-citizens with so-called "hateful ideology" and promising to fight antisemitism. Plaintiffs allege that these directives led the State and Homeland Security Departments to revoke visas and detain students like Columbia graduate Mahmoud Khalil and Tufts student Rumeysa Ozturk, both of whom were targeted after expressing pro-Palestinian views.Unlike most Trump-era immigration cases, this one is proceeding to a full trial rather than being decided early by a judge. U.S. District Judge William Young emphasized that a trial is the best path to uncover the truth. Plaintiffs argue the policy violates the First Amendment, accusing the administration of suppressing political dissent on college campuses. The administration denies a deportation policy exists, claiming decisions are made based on security concerns, not ideology. Homeland Security officials insist the U.S. won’t tolerate advocacy that they perceive as violent or anti-American.The trial outcome could shape how immigration authorities interpret and apply free speech protections to non-citizens in academic settings. It’s only the second Trump-era policy case to reach trial under Judge Young, who has publicly criticized the judiciary for avoiding fact-finding through trials.Rare trial to begin in challenge to Trump-backed deportations of pro-Palestinian campus activists | ReutersApple has formally appealed a €500 million ($587 million) fine imposed by the European Commission for allegedly violating the Digital Markets Act (DMA). The Commission found that Apple restricted app developers from directing users to more affordable options outside its App Store, which regulators said limited competition and consumer choice. Apple filed its lawsuit at Europe’s second-highest court on the last day allowed for appeal, arguing that the fine is excessive and that the EU is overreaching by trying to dictate how it operates its App Store.The company claims it altered its policies to comply with the DMA and to avoid further daily fines, which could amount to €50 million per day. Apple also contends that the Commission's demands are both confusing for developers and harmful to users. Despite the changes, EU regulators are still reviewing the company’s new terms and have solicited feedback from app developers before deciding if additional enforcement is needed.The case is part of broader efforts by the EU to rein in the influence of major tech companies and ensure fair digital market practices under the newly implemented DMA.Apple takes fight against $587 million EU antitrust fine to court | ReutersMaryland Legal Aid (MDLA), a critical legal support system for low-income individuals, especially women and...
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    6 分
  • Legal News for Thurs 7/3 - Roberts Reasserts Control at SCOTUS, RFK HHS Overhaul, Trump Asylum Ban and CPSC Firings
    2025/07/03
    This Day in Legal History: George Carlin’s Seven Dirty WordsOn July 3, 1978, the United States Supreme Court issued a landmark First Amendment decision in FCC v. Pacifica Foundation, ruling 5-4 that the Federal Communications Commission (FCC) could reprimand a radio station for airing George Carlin’s infamous “Seven Dirty Words” comedy routine. The case arose after WBAI, a New York radio station, broadcast Carlin’s monologue during afternoon hours, prompting a listener complaint to the FCC. The FCC responded with a formal reprimand, sparking a legal battle over the boundaries of free speech and government regulation.The Court held that the FCC had the authority to regulate indecent content on public airwaves, particularly during hours when children were likely to be listening. Justice John Paul Stevens, writing for the majority, emphasized the unique pervasiveness of broadcast media and its accessibility to minors as justification for the ruling. The decision marked one of the first times the Supreme Court allowed government regulation of speech based on content, outside of traditional obscenity laws.Dissenting justices, including William Brennan and Thurgood Marshall, warned that the decision posed a threat to free expression and could chill controversial or creative speech. The ruling did not criminalize Carlin’s routine or ban such speech outright, but it set a precedent that the government could impose content-based restrictions on broadcasters without violating the First Amendment.This case would come to define the limits of “indecent” speech in broadcast media for decades, reinforcing the idea that First Amendment protections are not absolute in all contexts. The decision became a cornerstone in the ongoing tension between free speech rights and government regulation of media.Chief Justice John Roberts appeared to regain influence over the Supreme Court this term, joining the majority in 96% of argued cases—dissenting in only two of 58 decisions. Legal scholars, however, caution that this high rate doesn’t definitively prove Roberts is steering outcomes. Some suggest that his tendency to vote with the majority might reflect a strategic desire to maintain influence or unity, rather than genuine agreement.Roberts, along with Justices Kavanaugh and Barrett, now forms a pivotal center bloc on the ideologically divided court, often determining case outcomes between the court’s conservative and liberal wings. These three justices were all in the majority for the ten most contentious 6-3 rulings this term, shaping major decisions on issues like LGBTQ curriculum, gender-affirming care, and administrative power.Observers note that Roberts’ leadership this term was marked by a careful assignment of majority opinions, often to maintain consensus among conservatives. For example, he gave the opinion in Trump v. CASA to Barrett, whose more moderate reasoning helped avoid a fractured ruling. Notably, Roberts wrote no separate concurrences or dissents, reinforcing the view that he is trying to project cohesion.However, consensus was not the norm this term. The court split significantly in one-third of its cases, and unanimous rulings fell to 43%. Many of the most ideologically charged outcomes favored conservatives, suggesting that even with Roberts at the center, the court remains deeply right-leaning. Additionally, significant decisions from the court’s emergency docket further indicate the direction of future jurisprudence.Votes Suggest Chief Justice Regains Control of ‘Roberts Court’A federal judge has blocked parts of a major restructuring of the U.S. Department of Health and Human Services (HHS) initiated by Secretary Robert F. Kennedy Jr., but the ruling does not require the reinstatement of fired workers. The decision in New York v. Kennedy found that 19 states and Washington, D.C. are likely to succeed in their claims that Kennedy’s reduction-in-force and reorganization—part of his “Make America Healthy Again” plan—were unlawful. The injunction halts further implementation but stops short of restoring the affected employees, leaving unresolved the harms states allege, including disrupted services and surveillance functions.Legal experts point out the ambiguity in the ruling, noting it restricts further actions by HHS but does not mandate concrete remedies such as bringing employees back. Some warn that continuing to keep workers off the job could itself violate the injunction. The injunction is limited to four HHS divisions, not the full federal workforce affected.The ruling requires HHS to file a compliance update by July 11 and address how the recent Supreme Court decision in Trump v. CASA—which limits the scope of national injunctions—may influence the outcome. HHS has multiple potential responses: appealing the ruling, waiting for developments in a related Supreme Court case, or restarting the process through proper legislative and budgetary channels.RFK ...
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    7 分

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