Minimum Competence - Daily Legal News Podcast
Minimum Competence
Legal News for Thurs 7/24 - SCOTUS Backs Trump on Indie Agency Removals, Fed Judge Retracts Flawed Pharma Ruling, Columbia Yields to Trump and Macrons Sue Candace Owens
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Legal News for Thurs 7/24 - SCOTUS Backs Trump on Indie Agency Removals, Fed Judge Retracts Flawed Pharma Ruling, Columbia Yields to Trump and Macrons Sue Candace Owens

SCOTUS backing Trump on agency removals, a federal judge retracting a flawed pharma ruling, Columbia’s $200M settlement, and the Macrons suing Candace Owens.

This Day in Legal History: Apollo 11

On July 24, 1969, the Apollo 11 mission concluded when astronauts Neil Armstrong, Buzz Aldrin, and Michael Collins safely splashed down in the Pacific Ocean, returning from the first successful lunar landing. While the event was widely celebrated as a scientific and political triumph, it also raised an unexpectedly terrestrial legal issue: customs law. Upon returning to Earth, the astronauts were required to fill out a standard U.S. Customs declaration form. The departure point was listed as “Moon,” and the flight number: “Apollo 11.” Among the items declared were “moon rock and moon dust samples,” brought back from the lunar surface.

Despite their unprecedented journey, the crew still had to comply with Department of Agriculture and Customs rules designed to monitor and control potentially hazardous biological materials. In the “Declaration of Health” section of the form, they noted that the presence of any condition that could spread disease was “To be determined.” This moment captured how U.S. law, even in its most routine forms, extended to the edge of human experience.

The astronauts’ re-entry into the U.S. technically triggered the same legal processes that greet travelers arriving from abroad. This event also underscored the broader legal challenge of adapting existing statutes to cover entirely new domains like space travel. Though humorous in hindsight, the customs declaration reflected a serious concern: whether extraterrestrial material might carry unknown biological risks.

The completed form, now a historical artifact, reminds us that legal frameworks often evolve reactively. In 1969, space law was largely uncharted territory. Today, those early steps form part of the foundation for international agreements like the Outer Space Treaty and modern debates over resource rights beyond Earth.


The U.S. Supreme Court granted President Donald Trump the authority to remove three Democratic members of the Consumer Product Safety Commission (CPSC), reversing a lower court ruling that had temporarily blocked the dismissals. The CPSC was established by Congress in 1972 as an independent agency to protect the public from hazardous products, and its members were traditionally shielded from at-will removal by the president. The justices, in a brief unsigned order, suggested that Trump was likely to prevail in arguing that the Constitution gives him broad authority to remove executive officials, even from agencies Congress meant to be independent.

This move followed a June ruling by District Judge Matthew Maddox, who sided with the ousted commissioners, citing a 1935 Supreme Court precedent (Humphrey’s Executor v. United States) that upheld removal protections for independent agency officials. The Supreme Court’s majority, with all three liberal justices dissenting, appeared to undermine that precedent. Justice Elena Kagan’s dissent warned that using the Court’s emergency docket to erode agency independence risked shifting constitutional power toward the presidency.

The fired commissioners, whose terms extended through 2025 to 2028, had sued Trump, arguing their removal lacked legal justification. Their attorney, Nicolas Sansone, criticized the Court's decision as harmful to public safety oversight. The Justice Department, however, contended that limiting the president’s removal power was unconstitutional.

This decision echoes a similar ruling in May allowing Trump to remove members of other federal boards, reinforcing a pattern of the Court endorsing expanded executive control over federal agencies.

US Supreme Court lets Trump remove consumer product safety commissioners | Reuters

Supreme Court Lets Trump Oust Top Consumer-Safety Officials - Bloomberg


U.S. District Judge Julien Xavier Neals withdrew a June 30 opinion in a securities fraud case against CorMedix Inc. after attorneys pointed out significant factual and legal errors. Lawyers flagged that the opinion included invented quotes, misattributed statements, and references to non-existent or misidentified cases. Among the problems was a supposed quote from Dang v. Amarin Corp. about “classic evidence of scienter,” which does not appear in the actual case, as well as misquoted content from a case involving Intelligroup and a fabricated citation to a Verizon case in the Southern District of New York.

The withdrawn opinion had denied CorMedix's motion to dismiss a shareholder lawsuit alleging the company misled investors about its FDA approval efforts for the drug DefenCath. CorMedix’s counsel, Andrew Lichtman of Willkie Farr & Gallagher, raised concerns but clarified he wasn't seeking reconsideration, only correction of the record. The same opinion had been cited as persuasive authority in a separate but similar shareholder lawsuit against Outlook Therapeutics Inc., before being discredited due to its inaccuracies.

The incident drew attention not just for the mistakes themselves, but because judicial errors of this nature are rare—especially when resembling the kind of AI-generated errors that have recently led to lawyer sanctions. There is no indication AI was involved in drafting Judge Neals’ opinion, but the situation reflects heightened scrutiny of legal drafting in an era where reliance on technology is increasing.

Judge Withdraws Pharma Opinion After Lawyer Flags Made-Up Quotes


Columbia University has agreed to pay over $200 million to the U.S. government in a settlement with the Trump administration, resolving federal investigations and securing the reinstatement of most of its previously suspended federal funding. The dispute stemmed from Columbia's handling of pro-Palestinian campus protests and alleged antisemitism, which led the administration in March to freeze $400 million in grants. In addition to the main settlement, Columbia will pay $21 million to resolve claims brought by the Equal Employment Opportunity Commission.

The agreement includes several conditions: Columbia must discipline students involved in severe campus disruptions, reform its Faculty Senate, review its international admissions process, and overhaul its Middle Eastern studies programs to promote “viewpoint diversity.” The university is also required to eliminate race-based considerations in hiring and admissions and to dismantle its diversity, equity, and inclusion (DEI) programs.

Columbia has agreed to appoint two new administrators: one to oversee compliance with the settlement and another to address antisemitism. The university has also severed ties with the pro-Palestinian group Columbia University Apartheid Divest and adopted a new definition of antisemitism that equates it with opposition to Zionism—moves that have sparked backlash among students and faculty.

Rights advocates have voiced alarm over academic freedom and due process, especially amid reports of deportation attempts against foreign pro-Palestinian students. Critics say the government is equating legitimate political protest with antisemitism, while ignoring rising Islamophobia and anti-Arab bias.

Columbia University to pay over $200 million to resolve Trump probes | Reuters


French President Emmanuel Macron and his wife, Brigitte Macron, have filed a defamation lawsuit in Delaware against U.S. right-wing podcaster Candace Owens, alleging she spread false and harmful claims about Brigitte’s gender identity. The suit centers on Owens’ podcast series Becoming Brigitte, which claims Brigitte was born male under the name Jean-Michel Trogneux—actually the name of her older brother—and accuses the couple of incest and identity fraud. The Macrons argue these assertions amount to a global smear campaign intended to boost Owens' profile and cause personal harm.

Owens responded by labeling the lawsuit a politically motivated PR move and maintained it is an attack on her First Amendment rights. Her spokesperson framed the suit as a foreign government's attempt to silence an American journalist. The Macrons, however, stated that they had made multiple requests for a retraction, all of which Owens ignored.

Defamation lawsuits by sitting world leaders are rare, and as public figures, the Macrons must meet the high legal bar of proving “actual malice”—that Owens knowingly spread falsehoods or acted with reckless disregard for the truth. The complaint also notes the rumors originated in 2021 and were amplified by other high-profile commentators like Tucker Carlson and Joe Rogan. A similar French court case involving Brigitte ended in a temporary victory, but was later overturned on appeal and is now pending before France’s highest court.

French president Macron sues right-wing podcaster over claim France's first lady was born male | Reuters

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