Law and Chaos podcast

Ep 217 — Trump Admin Finds New Ways To Be Racist In Birthright Citizenship Case

31/3/2026
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1:03:02
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The House Judiciary Committee wants to change the US Attorney statute to say what Attorney General Bondi claimed it did in court. This would involve the Senate voluntarily surrendering their power to vote on nominees, so … lotsa luck. Back in New Jersey, prosecutors say they’ll seek superseding indictments in cases with Alina Habba’s name on them, to remove the stink of illegitimacy.


The DOJ has quietly settled a trollsuit filed by red states and rightwing trolls, including Robert Kennedy, alleging social media censorship by the Biden administration. The Supreme Court already dropkicked this case once, so the parties agreed to simply declare victory and go home.


And Sam Bankman-Fried finds new ways to piss off judges and be sooooo weird, this time with help from his mom.


MAIN SHOW:


The DOJ settled a bogus lawsuit filed by former national security advisor Mike Flynn. His malicious prosecution claims had already been tossed by a federal judge, but she let him amend his complaint again, and by then Trump was back in the White House. Is this a new template for MAGA criminals to back the truck up to the Treasury and start filling it with taxpayer cash? The January 6 defendants sure seem to think so! We’ll compare a newly filed case by rioters with a suit filed by pardoned Proud Boys.


And we’ve got a deep dive into the birthright citizenship case Trump v. Barbara, which will be argued at the Supreme Court this Wednesday.


Kennedy v. Biden

https://www.courtlistener.com/docket/67089647/kennedy-v-biden/?order_by=desc


Missouri v. Biden

https://www.courtlistener.com/docket/63290154/missouri-v-biden/?order_by=desc


US v. Bankman-Fried

https://www.courtlistener.com/docket/66631292/united-states-v-bankman-fried


Tarrio v. US [Proud Boys Bivens Suit]

https://www.courtlistener.com/docket/70474277/tarrio-v-united-states-of-america


Sullivan v. US [J6ers FTCA Suit]

https://www.courtlistener.com/docket/73101995/sullivan-v-united-states/


Flynn v. US [Flynn FTCA]

https://www.courtlistener.com/docket/66930673/flynn-v-united-states


Dred Scott v. Sandford, 60 US 393 (1857)

https://scholar.google.com/scholar_case?case=3231372247892780026


US v. Wong Kim Ark, 169 US 649 (1898)

https://scholar.google.com/scholar_case?case=3381955771263111765


Indian Citizenship Act of 1924

https://www.archives.gov/files/historical-docs/doc-content/images/indian-citizenship-act-1924.pdf


Indian Law Scholars’ Amicus Brief [via SCOTUS]

https://www.supremecourt.gov/DocketPDF/25/25-365/399370/20260226125541217_Barbara%20Amicus%20Brief.pdf


The Nationality Act of 1940 [student Note]

https://www.jstor.org/stable/1335062


Trump v. Barbara

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/25-365.html


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