This Day in Legal History: Juneteenth
On this day in legal history, June 19, 1865, Union Major General Gordon Granger arrived in Galveston, Texas, and issued General Order No. 3, announcing that all enslaved people in Texas were free. This day, now known as Juneteenth, marked the effective end of slavery in the United States—coming more than two years after President Abraham Lincoln issued the Emancipation Proclamation on January 1, 1863. The delay was due in large part to the limited presence of Union troops in Texas to enforce the proclamation.
Granger’s announcement informed Texas residents that “all slaves are free,” a declaration that redefined the legal and social landscape of the state and solidified the federal government’s authority over the Confederacy's last holdout. While the Emancipation Proclamation had declared freedom for slaves in Confederate states, it did not immediately end slavery everywhere, nor did it provide enforcement mechanisms beyond Union military power. Juneteenth represents the day when emancipation finally reached the furthest corners of the Confederacy through legal and military authority.
In the years following, Juneteenth became a symbol of African American freedom and resilience, celebrated with community gatherings, education, and reflection. Texas made Juneteenth a state holiday in 1980, the first state to do so. On June 17, 2021, it became a federal holiday when President Joe Biden signed the Juneteenth National Independence Day Act into law. The legal significance of Juneteenth lies in its embodiment of both the promise and the delay of justice, highlighting the gap between the law’s proclamation and its realization.
A conservative legal group, Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP), has sued the Michigan Law Review and its affiliated leadership, claiming that its member selection process illegally favors women, racial minorities, and LGBTQ+ applicants. Filed in the U.S. District Court for the Eastern District of Michigan, the complaint alleges that personal statements and holistic review metrics are evaluated using race and sex preferences, violating both federal and state anti-discrimination laws. The group contends that conservative students, especially those associated with the Federalist Society, are excluded from review committees due to their presumed opposition to the practice.
FASORP is backed by attorney Jonathan Mitchell and America First Legal, led by former Trump official Stephen Miller. The organization has brought similar legal challenges against NYU and Northwestern, and its suit aligns with broader attacks on diversity policies at elite institutions. It seeks an injunction, damages, and court oversight of a revised selection process for the journal, along with a halt to federal funding until changes are made.
The group claims violations of Title VI and Title IX, as well as 42 U.S.C. §§ 1981 and 1985, the First and Fourteenth Amendments, and the Equal Protection Clause. The review’s five-part selection process—including essays and grades—has no fixed evaluation formula, which FASORP argues opens the door to discriminatory discretion. Judge Judith E. Levy is assigned to the case.
Conservative Group Accuses Michigan Law Review of Selection Bias
A federal judge in Texas has struck down a Biden administration rule aimed at protecting the privacy of patients seeking abortions and gender-affirming care. Judge Matthew Kacsmaryk ruled that the U.S. Department of Health and Human Services (HHS) overstepped its authority when it adopted the rule, which barred healthcare providers and insurers from disclosing information about legal abortions to state law enforcement. The decision halts enforcement of the rule nationwide.
Kacsmaryk, a Trump appointee, argued that HHS lacked explicit congressional approval to implement heightened protections for procedures viewed as politically sensitive. The rule was introduced in 2024 following the Supreme Court’s reversal of Roe v. Wade, as part of the Biden administration’s efforts to defend reproductive healthcare access.
The lawsuit was brought by Texas physician Carmen Purl, represented by the conservative Alliance Defending Freedom, which claimed the rule misused privacy laws unrelated to abortion or gender identity. Previously, Kacsmaryk had temporarily blocked enforcement of the rule against Purl, but this week’s decision broadens that to all states.
HHS has not responded publicly to the ruling, and a separate legal challenge to the same rule remains active in another Texas federal court. The case underscores ongoing tensions between federal privacy regulations and state-level abortion restrictions in the post-Roe legal environment.
US judge invalidates Biden rule protecting privacy for abortions | Reuters
Xlear, a hygiene product company, has filed a lawsuit against the Federal Trade Commission (FTC), challenging the agency’s authority to require “substantiation” for product claims under its false advertising rules. The suit, filed in federal court in Utah, follows the FTC’s recent decision to drop a case it had pursued since 2021, which alleged that Xlear falsely advertised its saline nasal spray as a COVID-19 prevention and treatment product.
Xlear argues that the FTC is exceeding its legal mandate by demanding scientific backing for advertising claims, stating that the FTC Act does not explicitly authorize such a requirement. The company’s legal team is leaning on the 2024 Supreme Court ruling in Loper Bright Enterprises v. Raimondo, which limited the deference courts must give to federal agencies when interpreting statutes—a significant departure from the longstanding Chevron doctrine.
The company seeks a court ruling that merely making claims without substantiation does not violate FTC rules. Xlear has also criticized the agency for engaging in what it calls “vexatious litigation,” claiming it spent over $3 million defending itself before the FTC abandoned its lawsuit without explanation.
The FTC has not yet commented or made a court appearance in this new case. The challenge could set important precedent on the scope of agency power over advertising standards in the wake of the Supreme Court's shift on judicial deference.
Lawsuit challenges FTC authority over 'unsubstantiated' advertising claims | Reuters
A federal judge in Rhode Island signaled skepticism toward the Trump administration's attempt to tie federal transportation funding to state cooperation with immigration enforcement. During a hearing, Chief U.S. District Judge John McConnell questioned whether U.S. Transportation Secretary Sean Duffy had legal authority to impose immigration-related conditions on grants meant for infrastructure projects. McConnell, an Obama appointee, challenged the relevance of immigration enforcement to the Transportation Department's mission, drawing a parallel to whether the department could also withhold funds based on abortion laws.
The case involves 20 Democratic-led states opposing the April 24 directive, which conditions billions in infrastructure grants on compliance with federal immigration law, including cooperation with ICE. The states argue the requirement is unconstitutional, vague, and attempts to coerce state governments into enforcing federal immigration policy without clear legislative authorization.
Justice Department lawyers defended the policy as aligned with national safety concerns, but struggled under McConnell's probing. He noted that the administration’s broad language and public stance on sanctuary jurisdictions could not be ignored and appeared to support the states’ argument that the directive lacks clarity and statutory grounding.
The judge is expected to issue a ruling by Friday, before the states' grant application deadline. This lawsuit is part of a broader legal and political battle as Trump pushes sanctuary cities and states to aid in mass deportations.
US judge skeptical of Trump plan tying states' transportation funds to immigration | Reuters
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