Dear listeners,
For all subscribers, this week’s show features a discussion of the Sean Combs jury deliberations and a look at the 6-3 Supreme Court ruling in Trump v. CASA that says trial courts (generally) can no longer issue nationwide injunctions. As Ken and I discuss, the ruling is sure to greatly change how aggressive executive branch actions get litigated, but the exact nature of the change is not yet clear and depends on how the court chooses to treat alternate avenues for relief, like class actions — and how consistently it chooses to treat them across cases. What is clear is the decision will shift more power from trial courts to the Supreme Court, and it’s also likely to make the court’s shadow docket even busier and more consequential than it was already.
That’s for all subscribers. Paying subscribers also get a look at Gavin Newsom’s new defamation suit against Fox News (sigh), and Donald Trump’s gambit to get his lawsuit against Iowa pollster Ann Selzer back out of federal court — based on his apparent (and unfounded?) assumption that his ludicrous litigation will get a more sympathetic ear in a state court. The paywalled version of the show also includes an update on the cooperating witness against Kilmar Abrego Garcia — the sweet deal he’s getting from the government may be enraging, but it’s less unusual than some of the response would suggest. We talk about Trump’s weird lawsuit against all the federal judges in Maryland. And we look at Susman Godfrey’s victory in court over Trump’s executive order seeking to punish the firm.
To get that whole show, click here.
We hope you enjoy the episode,
Josh
