Ep 14 — Our Ethics-Optional Supreme Court (Feat. Gabe Roth)

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 Garciahttps://www.courtlistener.com/docket/70476164/united-states-v-abrego-garciaUS v. Duganhttps://www.courtlistener.com/docket/70255703/united-states-v-duganUS justice official leading prosecutions of minor crimes pleaded guilty to DUIhttps://www.theguardian.com/us-news/2025/sep/23/doj-official-duiBillups v. Louisville Municipal School District [Grok can make it worse!] https://www.courtlistener.com/docket/68658788/billups-v-louisville-municipal-school-districtUS v. Abrego Garciahttps://www.courtlistener.com/docket/70476164/united-states-v-abrego-garcia/J.G.G. v. Trumphttps://www.courtlistener.com/docket/69741724/jgg-v-trump/Epstein Files Transparency Acthttps://www.congress.gov/bill/119th-congress/house-bill/4405Show Links:https://www.lawandchaospod.com/BlueSky: @LawAndChaosPodThreads: @LawAndChaosPodTwitter: @LawAndChaosPodSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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.comUS v. Duganhttps://www.courtlistener.com/docket/70255566/united-states-v-dugan/?order_by=descAmerica First Legal Foundation v. Trumphttps://www.courtlistener.com/docket/69924761/america-first-legal-foundation-v-roberts/?order_by=descUS v. James [Yet another botched no bill]https://www.courtlistener.com/docket/72052126/united-states-v-james/Show Links:https://www.lawandchaospod.com/BlueSky: @LawAndChaosPodThreads: @LawAndChaosPodTwitter: @LawAndChaosPodSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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. UShttps://www.courtlistener.com/docket/71982634/richman-v-united-states/?order_by=descCorporate Union Busting in Plain Sight, Economic Policy Institute, January 28, 2025https://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 Servicehttps://www.courtlistener.com/docket/72028010/national-trust-for-historic-preservation-in-the-united-states-v-national/List of Trump Clemency Grantshttps://www.justice.gov/pardon/clemency-grants-president-donald-j-trump-2025-presentUS v. Abrego https://www.courtlistener.com/docket/70475970/united-states-v-abrego-garcia/?order_by=descAbrego Garcia v. Noem https://www.courtlistener.com/docket/71191591/abrego-garcia-v-noemShow Links:https://www.lawandchaospod.com/BlueSky: @LawAndChaosPodThreads: @LawAndChaosPodTwitter: @LawAndChaosPodSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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.htmlDoes 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=descFlynn v. UShttps://www.courtlistener.com/docket/66930673/flynn-v-united-states/?order_by=descTrump Pardoned Them for Jan. 6. Now They Want Millions of Dollarshttps://www.bloomberg.com/news/articles/2025-12-10/trump-pardoned-them-for-jan-6-now-they-want-millions-of-dollarsRichman v. UShttps://www.courtlistener.com/docket/71982634/richman-v-united-states/?order_by=descNewsom v. Trumphttps://www.courtlistener.com/docket/70496361/newsom-v-trump/?order_by=descJ.G.G. v. Trumphttps://www.courtlistener.com/docket/69741724/jgg-v-trump/?order_by=descShow Links:https://www.lawandchaospod.com/BlueSky: @LawAndChaosPodThreads: @LawAndChaosPodTwitter: @LawAndChaosPodSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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 Judgeshttps://www.nytimes.com/2025/12/05/us/politics/halligan-us-attorney-judiciary.htmlOral Argument, Supreme Court, Trump v. Slaughterhttps://www.supremecourt.gov/oral_arguments/argument_transcripts/2025/25-332_p8k0.pdfJ.G.G. v. Trumphttps://www.courtlistener.com/docket/69741724/jgg-v-trump/?order_by=descEscobar v. Molina v. DHShttps://www.courtlistener.com/docket/71452519/escobar-molina-v-us-department-of-homeland-security/?order_by=descShow Links:https://www.lawandchaospod.com/BlueSky: @LawAndChaosPodThreads: @LawAndChaosPodTwitter: @LawAndChaosPodSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

The Supreme Court's six conservatives allow Texas to steal congressional seats with a racially gerrymandered map. Over at the Defense Department, Whiskey Pete's reign of lawlessness continues: After the Defense Department Inspector General ripped him a new one for Signalgate, Congress is looking hard at the murders in the Caribbean. Costco is suing the government over tariffs. And Justin Baldoni is back to teach us civil procedure.   Links:   Signalgate Inspector General Report https://www.dodig.mil/reports.html/Article/4348367/evaluation-of-the-secretary-of-defenses-reported-use-of-a-commercially-availabl/   Unlawful Orders and Killing Shipwrecked Boat Strike Survivors: An Expert Backgrounder https://www.justsecurity.org/125948/illegal-orders-shipwrecked-boat-strike-survivors/   NYT v. Department of Defense https://www.courtlistener.com/docket/71992017/new-york-times-company-v-department-of-defense/   Costco v. US  https://www.courtlistener.com/docket/71973233/costco-wholesale-corporation-v-united-states/?order_by=desc   Richman v. US https://www.courtlistener.com/docket/71982634/richman-v-united-states/?order_by=desc   In re Grand Jury Subpoenas to NYAG [Sarcone disqualification] https://www.courtlistener.com/docket/71844954/in-re-grand-jury-subpoenas-to-the-office-of-the-new-york-state-attorney/?order_by=desc   Lively v. Wayfarer https://www.courtlistener.com/docket/69510553/lively-v-wayfarer-studios-llc/?order_by=desc   Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod  

The Supreme Court’s six conservatives allow Texas to steal congressional seats with a racially gerrymandered map. Over at the Defense Department, Whiskey Pete’s reign of lawlessness continues: After the Defense Department Inspector General ripped him a new one for Signalgate, Congress is looking hard at the murders in the Caribbean. Costco is suing the government over tariffs. And Justin Baldoni is back to teach us civil procedure.Links:Signalgate Inspector General Reporthttps://www.dodig.mil/reports.html/Article/4348367/evaluation-of-the-secretary-of-defenses-reported-use-of-a-commercially-availabl/Unlawful Orders and Killing Shipwrecked Boat Strike Survivors: An Expert Backgrounderhttps://www.justsecurity.org/125948/illegal-orders-shipwrecked-boat-strike-survivors/NYT v. Department of Defensehttps://www.courtlistener.com/docket/71992017/new-york-times-company-v-department-of-defense/Costco v. US https://www.courtlistener.com/docket/71973233/costco-wholesale-corporation-v-united-states/?order_by=descRichman v. UShttps://www.courtlistener.com/docket/71982634/richman-v-united-states/?order_by=descIn re Grand Jury Subpoenas to NYAG [Sarcone disqualification]https://www.courtlistener.com/docket/71844954/in-re-grand-jury-subpoenas-to-the-office-of-the-new-york-state-attorney/?order_by=descLively v. Wayfarerhttps://www.courtlistener.com/docket/69510553/lively-v-wayfarer-studios-llc/?order_by=descShow Links:https://www.lawandchaospod.com/BlueSky: @LawAndChaosPodThreads: @LawAndChaosPodTwitter: @LawAndChaosPodSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

The Secretary of Defense has committed war crimes, or murder, or both. And this time, maybe Congress is willing to do something about it? Meanwhile, a rent-price-fixing company has sued the state of New York arguing that it isn't fixing price, it's doing the Freeze Peach. In DC, Chief Judge James Boasberg continues to look for who was responsible for the government disobeying a court order. And finally, sparklemagic imaginary US Attorney Alina Habba gets to join her buddies on the unemployment line thanks to a decision by the Third Circuit that we break down in detail in the subscriber bonus. Happy Cyber Monday, everyone! Links: Eleventh Circuit Bounces Trump's RICO Trollsuit [lawandchaospod.com] https://www.lawandchaospod.com/p/11th-circuit-bounces-trumps-rico Episode 168 w/Brian Finucane https://podcasts.apple.com/us/podcast/ep-168-license-to-kill-feat-brian-finucane/id1727769913?i=1000728033267 Hegseth order on first Caribbean boat strike, officials say: Kill them all [Washington Post] https://www.washingtonpost.com/national-security/2025/11/28/hegseth-kill-them-all-survivors-boat-strike/ Statement of the "Former JAGs Working Group" on Media Reports of Pentagon "No Quarter" Orders in Caribbean Boat Strikes [via Just Security] https://www.justsecurity.org/wp-content/uploads/2025/11/former-jag-working-group-no-quarter-statement.pdf Rent Going Up? One Company's Algorithm Could Be Why. https://www.propublica.org/article/yieldstar-rent-increase-realpage-rent US v. Giraud [Third Circuit, Habba Disqualification] https://www.courtlistener.com/docket/71195676/united-states-v-julien-giraud-jr/ RealPage v. James https://www.courtlistener.com/docket/71964352/realpage-inc-v-james/ 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.

Take back your personal data with Incogni! Use code CHAOS at the link below and get 60% off an annual plan: https://incogni.com/chaos Big Mazal Tov to Lindsey Halligan, who can stop pretending to be a federal prosecutor now. Judge Cameron McGowan Currie ruled that Halligan was never lawfully appointed as US Attorney for the Eastern District of Virginia. And since Halligan was the only lawyer who presented the James Comey and Letitia James cases to the grand jury, those cases were dismissed. In a normal world, the Justice Department would just take the "L" and reindict. But nothing is normal in Pam Bondi's DOJ! Links: US v. Ghislaine Maxwell https://www.courtlistener.com/docket/17318376/united-states-v-maxwell/?order_by=desc As Trump's Inquisitors Face Scrutiny, a Divisive Figure Could Play a New Role https://www.nytimes.com/2025/11/23/us/politics/trump-florida-cannon-grand-jury.html Turning Point leader, former GOP Rep pleads guilty to attempted election fraud https://azmirror.com/briefs/turning-point-leader-former-gop-rep-pleads-guilty-to-attempted-election-fraud/ Abbott v. LULAC [SCOTUS docket] https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/25a608.html US v. Stewart https://storage.courtlistener.com/recap/gov.uscourts.dcd.285023 Judge Thornhill Disqualification Petition https://www.courts.mo.gov/fv/c/Notice.PDF?courtCode=SC&di=214030 US v. Bolton https://www.courtlistener.com/docket/17254525/united-states-v-bolton/?order_by=desc US v. Comey https://storage.courtlistener.com/recap/gov.uscourts.vaed.582136 US v. James https://www.courtlistener.com/docket/71601419/united-states-v-james/?order_by=desc Biden v. Byrne https://www.courtlistener.com/docket/67990012/robert-hunter-biden-v-patrick-m-byrne/?order_by=desc 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.

The lies around the James Comey indictment continue to grow, and we suspect we won't have Imaginary US Attorney Lindsey Halligan to kick around much longer. The US Attorney's Office in Maryland would like her to have some company on her way out. Meanwhile, MAGA's biggest nemesis, Judge James Boasberg in DC, is moving full speed ahead with criminal contempt hearings to figure out everyone in the Trump administration who decided to defy his orders. And Trump's strategy to openly demand that Republicans gerrymander even more Congressional districts in his favor seems to have backfired. Plus, for subscribers, we have a bonus segment on yet another judge having to tell a state no, OF COURSE you can't post the Ten Commandments in public school classrooms. Links: The Redistricting Wars (Ft. Joe Dye) [Law and Chaos Pod Substack] https://www.lawandchaospod.com/p/the-redistricting-wars-ft-joe-dye Chicago Headline Club v. Noem [Seventh Circuit] https://storage.courtlistener.com/recap/gov.uscourts.ca7.55235 US v. Martinez https://www.courtlistener.com/docket/71561860/united-states-v-martinez Maltinsky v. Patel https://www.courtlistener.com/docket/71932232/maltinsky-v-patel/?order_by=desc Alex Jones Bankruptcy Appeal https://www.courtlistener.com/docket/71932190/jones/ Gaither v. US https://law.justia.com/cases/federal/appellate-courts/F2/413/1061/36450/ US v. Comey https://storage.courtlistener.com/recap/gov.uscourts.vaed.582136 DOJ, FBI probing top Trump administration officials over investigations of president's adversaries: Sources https://abcnews.go.com/US/doj-fbi-probing-top-trump-administration-officials-investigations/story?id=127602305 J.G.G. v. Trump [District Court Docket] https://www.courtlistener.com/docket/69741724/jgg-v-trump/ Chicago Headline Club v. Noem https://www.courtlistener.com/docket/71559589/chicago-headline-club-v-noem/?order_by=desc LULAC v. Abbott https://www.courtlistener.com/docket/60654982/league-of-united-latin-american-citizens-v-abbott/?order_by=desc Ringer v. Comal Indep. School Dist. [Ten Commandments] https://storage.courtlistener.com/recap/gov.uscourts.txwd.1172865472/ 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.