Minimum Competence - Daily Legal News Podcast
Minimum Competence
Legal News for Tues 8/26 - More Trump Power Grabs, Medicaid Funding Fight in Maine, Judicial Cybersecurity and Utah Town Faces 225% Property Tax Hike
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Legal News for Tues 8/26 - More Trump Power Grabs, Medicaid Funding Fight in Maine, Judicial Cybersecurity and Utah Town Faces 225% Property Tax Hike

Trump Fed showdown, a Medicaid funding fight in Maine, a call for judicial cybersecurity reform, and a Utah town’s tax crisis blow-up

This Day in Legal History: Nineteenth Amendment Certified

On this day in legal history, August 26, 1920, the Nineteenth Amendment to the U.S. Constitution was formally certified by Secretary of State Bainbridge Colby, granting women the right to vote nationwide. The certification marked the culmination of a nearly century-long struggle led by suffragists like Susan B. Anthony, Elizabeth Cady Stanton, and later Alice Paul and Ida B. Wells, who fought for political inclusion through protests, civil disobedience, and persistent lobbying. The amendment’s ratification by Tennessee—by a single vote—on August 18, 1920, provided the necessary 36th state approval to satisfy constitutional requirements.

The Nineteenth Amendment’s language is deceptively simple: “The right of citizens of the United States to vote shall not be denied or abridged... on account of sex.” But its legal impact was profound, constitutionally guaranteeing the franchise to half the population that had long been excluded. The certification did not end all voting discrimination—many women of color, particularly Black and Native American women, continued to face racist barriers to the ballot—but it was a foundational legal step toward gender equality in civic life.

August 26 is now recognized as Women’s Equality Day, established by Congress in 1971, to honor the legal and political significance of the Nineteenth Amendment and to commemorate the broader fight for women’s rights. The legal principle enshrined in the amendment echoes in later equality jurisprudence, forming part of the constitutional backdrop to cases involving gender discrimination under the Equal Protection Clause.

The Nineteenth Amendment also represented a rare moment when a constitutional change directly expanded democratic participation, in contrast to more procedural or structural amendments. It altered not just who could vote, but how lawmakers and courts would later consider the role of gender in public policy and civil rights. The amendment continues to serve as a legal and symbolic foundation for subsequent laws and cases advancing gender equity, including Title IX and the push for the Equal Rights Amendment.

On August 26, the legal history of suffrage becomes not only a story of amendment certification, but of constitutional transformation through organized legal and political struggle.


U.S. Senator Ron Wyden has called on Chief Justice John Roberts to initiate an independent investigation into the federal judiciary's cybersecurity practices, following a significant breach of the court system’s electronic case management system. In a letter, Wyden urged Roberts to involve the National Academy of Sciences in reviewing both the recent and previous hacks—highlighting that foreign actors, possibly including Russia, exploited the same vulnerabilities in both incidents.

Wyden criticized the system as outdated, insecure, and costly, noting this was the second major breach since 2020. He emphasized that sensitive data, including information on confidential informants and sealed case files, may have been compromised. The judiciary’s handling of cybersecurity, Wyden argued, has repeatedly failed to meet the standards expected of institutions entrusted with highly sensitive information.

The senator pointed out that despite years of warnings and expert recommendations, the judiciary has lagged in updating its technology. U.S. Circuit Judge Michael Scudder recently admitted in testimony that the case management system is obsolete and needs replacement. Wyden also noted that while executive branch agencies have been using multi-factor authentication since 2015, the judiciary will not implement it until the end of 2025.

Wyden has long advocated for transparency and modernization in the court system, including efforts to make the PACER database free. His latest request underscores growing bipartisan concern over national security implications tied to the federal courts’ digital infrastructure.

US senator calls for independent review of federal judiciary cybersecurity | Reuters


A federal judge has ruled that the Trump administration can move forward with a provision in its recent spending bill that bars Medicaid funding from going to abortion providers in Maine. The ruling, by U.S. District Judge Lance Walker—a Trump appointee—rejected a request by Maine Family Planning to block the provision, part of the One Big Beautiful Bill Act passed by Congress in July. The organization argued the law unfairly targeted them and violated their constitutional rights, but the judge declined to intervene, emphasizing the law was a product of the democratic process.

Walker acknowledged that the policy might be unwise but stressed it is not the judiciary’s role to override legislative choices based on policy disagreements. Maine Family Planning, the state’s largest reproductive healthcare provider, warned that the ruling could force clinic closures and reductions in care, impacting around 8,000 patients annually.

The case is one of two major legal challenges to the law. A separate federal judge in Boston has temporarily blocked the same provision as it applies to Planned Parenthood nationwide, and that ruling is under appeal. The Maine case focused on how the law would impact two of the state’s main abortion providers and argued it violated equal protection rights under the Fifth Amendment by singling them out.

Judge Walker, however, found that Congress has the authority to direct federal funds in ways consistent with its policy goals, including discouraging abortion—a procedure that is no longer protected as a constitutional right following the Supreme Court’s 2022 ruling overturning Roe v. Wade.

Trump administration can withhold Medicaid funding from Maine abortion providers, judge rules | Reuters


President Donald Trump has moved to fire Federal Reserve Governor Lisa Cook, alleging she made false statements on mortgage applications—an accusation she denies. The unprecedented move, announced via Truth Social, sent financial markets into a brief stir, with long-term Treasury yields rising and the dollar dipping, reflecting concerns over the Fed's independence. Cook, appointed by President Biden and confirmed in 2022, has vowed not to resign and plans legal action, arguing that Trump lacks authority to remove her without proper cause.

Trump claims Cook’s conduct shows “gross negligence” and undermines trust in the Fed. However, under the Federal Reserve Act, governors can only be removed “for cause,” a standard historically interpreted to mean inefficiency, neglect of duty, or misconduct while in office. Cook’s alleged mortgage misstatements predate her time at the Fed, making the legal grounds for removal murky.

This attempt follows months of Trump’s public attacks on the Fed for keeping interest rates high. If successful, it would allow him to reshape the board with dovish policymakers more favorable to rate cuts. Critics, including Senator Elizabeth Warren and legal scholars, denounced the move as a political power grab and a threat to central bank independence.

The Department of Justice may investigate Cook following a criminal referral, but no charges have been filed. Legal experts suggest the case could test the Supreme Court’s recent statements on limits to presidential power over independent agencies. Meanwhile, Cook has reiterated her commitment to her role and refuses to step down amid what she calls political bullying.

Trump Moves to Fire Fed’s Cook, Setting Up Historic Legal Fight


And in my column this week, a story out of Utah. A small town in Utah, Wellington, is facing public backlash after proposing a 225% property tax hike—a dramatic response to years of avoiding smaller, routine tax increases. This financial crisis wasn't caused by a single year of overspending but rather by elected officials deferring necessary tax adjustments since 2017, despite rising costs for services and infrastructure. While avoiding tax hikes may have seemed politically savvy, it left the town with a nearly $400,000 budget shortfall that now demands a painful correction.

The Wellington situation illustrates a broader problem: local governments often delay modest increases to avoid political consequences, only to face greater fiscal challenges later. Holding tax rates flat may feel like good governance, but it allows infrastructure to decay and expenses to balloon. By the time officials act, the required adjustment feels extreme to residents who weren't prepared for it.

The solution, according to my piece, lies in normalizing small, predictable tax increases. This would help cities keep pace with inflation and infrastructure needs, without shocking taxpayers. One of my proposed reforms is land value taxation, which taxes land rather than improvements on it—encouraging development without penalizing property upgrades and offering greater economic stability.

To depoliticize the process, cities could establish independent, bipartisan bodies to manage long-term tax planning. This shift from reactive crisis management to proactive fiscal planning could help avoid sudden, disruptive tax spikes like Wellington’s. The underlying message: the longer tax adjustments are postponed, the more painful and politically damaging they become.

Utah Town’s 225% Property Tax Spike Is Lesson on Fiscal Realism

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