This Day in Legal History: “Axis of Evil”
On January 29, 2002, President George W. Bush delivered his first State of the Union address after the September 11 attacks, a speech that would shape U.S. legal and foreign policy for years to come. During the address, Bush coined the term “Axis of Evil” to describe Iran, Iraq, and North Korea, alleging these nations were actively pursuing weapons of mass destruction and supporting terrorism. The speech marked a significant rhetorical shift in the U.S. posture toward preemptive military action and helped solidify a legal framework for broad executive authority in the name of national security. Citing the 2001 Authorization for Use of Military Force (AUMF), the Bush administration would go on to justify military interventions without new Congressional declarations of war.
The “Axis of Evil” framing played a critical role in building public and political support for the 2003 invasion of Iraq. Though the legal justification centered on Iraq’s supposed weapons programs and ties to terrorism, both claims were later discredited, leading to intense scrutiny of the legal rationale behind the war. Domestically, the period following the speech saw rapid expansion of executive power, new surveillance authorities, and detention practices that raised constitutional concerns. Internationally, the speech signaled a departure from multilateral norms and toward unilateral action under the banner of American security interests.
The legal legacy of the address continues to reverberate in debates over presidential war powers and the limits of the AUMF. Critics argue the speech set a precedent for indefinite military engagement without sufficient Congressional oversight. Supporters contend it met the urgency of a new kind of threat in the post-9/11 world. Regardless of viewpoint, the 2002 State of the Union redefined the intersection of law, war, and foreign policy in the 21st century.
A preliminary review by U.S. Customs and Border Protection (CBP) into the murder of Alex Pretti by federal immigration agents in Minneapolis did not state that Pretti brandished a firearm, contradicting earlier claims by Trump officials. Pretti, a 37-year-old ICU nurse, was shot after reportedly refusing to move from the street when ordered by a customs officer. Initial official statements described Pretti as an armed threat, with the Department of Homeland Security noting he had a handgun—though it was holstered—and Trump aide Stephen Miller labeling him a “domestic terrorist” without evidence. However, video footage from the scene challenged these claims, showing an agent removing a holstered weapon from Pretti’s waist before the shooting.
The CBP review, based on body camera footage and internal documents, said officers attempted to move Pretti and a woman from the street and used pepper spray when they didn’t comply. A struggle followed, during which a Border Patrol agent shouted “He’s got a gun!” before both agents opened fire. The review, which is standard protocol, was shared with lawmakers but emphasized it contained no final conclusions. The identities and experience levels of the involved officers, particularly regarding urban crowd control, remain undisclosed. The incident has sparked national controversy and prompted a more restrained response from Trump in its aftermath.
U.S. review of Alex Pretti killing does not mention him brandishing firearm | Reuters
The U.S. federal judiciary may only be able to continue full paid operations through February 4 if Congress does not pass funding legislation in time to avert a partial government shutdown. Judge Robert Conrad, who oversees the Administrative Office of the U.S. Courts, issued a memo warning of the looming shortfall, stating that while courts will remain open on February 2, they would quickly exhaust available funds by February 4. The uncertainty comes amid a broader funding standoff in Congress, where a six-bill package—including money for defense, housing, transportation, and a $9.2 billion judiciary allocation—is stalled.
A key point of contention is the funding of the Department of Homeland Security (DHS), especially following the fatal shooting of U.S. citizen Alex Pretti by immigration officers. Senate Democrats are now refusing to approve DHS funding without reforms, throwing into doubt whether the broader package can pass. Although the bills had passed the Republican-controlled House and previously seemed poised for Senate approval, the Pretti incident has triggered renewed partisan gridlock.
If no agreement is reached, this shutdown could affect the judiciary much sooner than the previous lapse in 2025, when courts operated for over two weeks before curtailing services. The current funding crisis threatens court staffing, case management, and broader access to justice. The memo underscores the fragile position of the courts in a prolonged budget standoff, with potential furloughs and suspended operations looming if a deal isn’t struck.
Google has agreed to pay $135 million to settle a proposed class action lawsuit accusing it of collecting Android users’ cellular data without their consent. The settlement, filed in federal court in San Jose, California, still needs judicial approval. The lawsuit claimed that even when users closed Google apps, disabled location sharing, or locked their devices, Google continued to gather mobile data, which users had paid for through their carriers. Plaintiffs alleged this behavior amounted to “conversion,” a legal term referring to the unauthorized taking of someone’s property for one’s own use.
Though Google denied any wrongdoing, it agreed to stop transferring data without user consent during Android device setup. The company will also update its Google Play terms to clearly disclose data transfers and give users simpler options to disable them. The case covers Android users dating back to November 12, 2017. If approved, users could receive up to $100 each from the settlement fund.
Plaintiffs’ attorneys described the agreement as the largest known payout in a conversion case, and they may seek nearly $40 million in legal fees. A trial had been set for August 2026 before the settlement was reached. Google has not commented on the resolution.
Google to pay $135 million to settle Android data transfer lawsuit | Reuters
Google to Pay $135 Million to Settle Android Phone-Data Suit
A Christian substitute teacher, Kimberly Ann Polk, has lost her attempt to revive First Amendment claims against Maryland’s Montgomery County Public Schools (MCPS) after refusing to use transgender students’ pronouns. The Fourth Circuit Court of Appeals upheld a lower court’s decision, finding Polk unlikely to succeed on claims that the district’s pronoun policy violated her free speech and religious freedom rights. The court ruled she failed to show any evidence of religious hostility from the school board and did not meet the legal threshold to proceed with her constitutional claims.
Polk argued that MCPS’s policy, which requires staff to use names and pronouns aligned with students’ gender identities and bars disclosing those identities to unsupportive parents, conflicted with her belief that gender is fixed at birth. While the court dismissed her constitutional claims, it allowed her separate Title VII claim for religious accommodation to proceed. This claim argues that MCPS violated federal civil rights law by not making space for her religious beliefs in its employment practices.
The decision was split, with Judge J. Harvie Wilkinson dissenting. He called the school policy a “gross assault upon the First Amendment” and argued Polk had a valid free speech claim. The case reflects ongoing national legal tensions between employee religious rights and school policies supporting LGBTQ+ students. Notably, another federal appeals court had previously sided with a teacher in a similar dispute, signaling a potential circuit split.
Christian Teacher Can’t Undo Pronoun Case First Amendment Loss
