Law and Chaos Ep 178 — Are Courts Finally Finding Their Footing In The Second Trump Era?
Oct 31, 2025
The podcast dives into the government exploiting shutdowns to cut SNAP benefits, revealing the courts' resistance to these moves. It discusses the Ninth Circuit's bold decisions to thwart Trump's military plans in blue states. Additionally, there's a focus on the convoluted prosecution of James Comey, highlighting the ambiguities in his indictment. The hosts also tackle the implications of Comey's literal truth defense, alongside the challenges of unsealing grand jury transcripts. All these legal battles paint a chaotic picture of the current political landscape.
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Shutdown Used As Leverage Against SNAP
- The Trump administration attempted to use the shutdown to cut SNAP benefits and force political concessions.
- Judge Indira Talwani questioned that reasoning and set a hearing, signaling judicial resistance to using shutdown as leverage.
Use APA And Unions To Block Illegal RIFs
- Challenge arbitrary agency actions under the Administrative Procedure Act when agencies act capriciously during crises.
- Use unions and courts to block illegal mass firings and demand minimal bonds to prevent chilling litigation.
En Banc Process Can Flip Guard Cases
- Courts have pushed back on federalizing National Guard deployments to cities, vacating panel rulings and rehearing en banc in the Ninth Circuit.
- Senior judges' composition can decisively change outcomes when en banc panels include them.