This Day in Legal History: Sandra Birth-Day O’Connor
On this day in legal history, March 26, 1930, Sandra Day O’Connor was born in El Paso, Texas. Raised on a remote Arizona ranch, O’Connor would go on to become the first woman appointed to the United States Supreme Court. After graduating near the top of her class at Stanford Law School in 1952, she struggled to find legal work due to widespread gender discrimination, eventually beginning her career in public service and Arizona state politics. In 1981, President Ronald Reagan nominated her to the Supreme Court, fulfilling a campaign promise to appoint a woman to the bench. Her unanimous confirmation by the Senate marked a historic shift in the Court’s composition.
O’Connor quickly established herself as a pragmatic and often pivotal swing vote, particularly in cases involving reproductive rights, federalism, and affirmative action. Her opinion in Planned Parenthood v. Casey (1992), co-authored with Justices Kennedy and Souter, preserved the core of Roe v. Wade while allowing for more state regulation—an outcome that satisfied neither side of the debate. Critics argued that her incremental, case-by-case approach often lacked a firm constitutional foundation, leading to legal uncertainty and doctrinal ambiguity.
Supporters, however, praised her moderate jurisprudence as a stabilizing force in a deeply divided Court. O’Connor was also a staunch defender of judicial independence and civics education. She retired in 2006 to care for her husband, who had Alzheimer’s disease, and remained active in public life for years afterward. While her legacy is marked by both trailblazing achievement and contentious rulings, O’Connor’s presence on the Court undeniably reshaped the public's perception of who belongs in the nation’s highest judicial institution.
President Trump signed a new executive order on Tuesday targeting the prominent law firm Jenner & Block, escalating his pattern of actions against firms involved in litigation against his administration. The order restricts the firm’s access to federal contracts, security clearances, and government facilities—mirroring similar actions taken against Perkins Coie and Paul Weiss. Trump justified the move by pointing to Jenner & Block’s former employment of Andrew Weissmann, who worked on the Mueller investigation into Trump’s 2016 campaign. The White House accused the firm of politicizing the legal system, while Jenner & Block denounced the order as unconstitutional and pledged to fight it.
This is the fourth such order Trump has issued since returning to office in January. Jenner & Block has been active in challenging his administration in court, including blocking enforcement of a policy denying federal funds to providers of gender-affirming care for minors, and opposing efforts to restrict asylum rights. The firm also represents an environmental group suing the EPA over frozen grant funds. Many of Jenner’s attorneys have ties to previous Democratic administrations and the January 6 congressional investigation.
Trump’s broader campaign includes a recent directive to the Justice Department to target law firms that have sued the government in recent years. Legal experts and bar associations have warned that these executive orders risk undermining the independence of the legal profession.
Trump targets Jenner & Block in latest executive order aimed at law firms | Reuters
The U.S. Supreme Court will hear arguments Wednesday on the constitutionality of how the Federal Communications Commission (FCC) funds its Universal Service Fund—a program that supports broadband and phone access for underserved communities. Critics argue the FCC’s funding structure violates the Constitution by improperly delegating Congress’s legislative authority, a concept known as the non-delegation doctrine. They also raise concerns under the private non-delegation doctrine, claiming the FCC unlawfully transferred power to a private entity—the Universal Service Administrative Company—to manage and determine contributions to the fund.
The fund, created under the 1996 Telecommunications Act, collects about $9 billion annually from telecommunications providers, who often pass these costs on to consumers. A divided ruling by the 5th U.S. Circuit Court of Appeals found this setup unconstitutional, citing Congress’s broad delegation of authority to the FCC and the FCC’s subsequent subdelegation to a private company. The court did not specifically rule on either non-delegation theory but found the overall structure breached the Constitution’s assignment of legislative powers to Congress.
The FCC, backed by telecom firms and public interest groups, argues that Congress provided sufficient guidance and oversight in the law and that the agency has acted within legal bounds. The Supreme Court, which has a conservative majority, has recently scaled back the reach of federal agencies in other contexts but has yet to rule directly on a major non-delegation case in decades. A decision is expected by June.
US Supreme Court to scrutinize Federal Communications Commission fund's legality | Reuters
A high-stakes race for a Wisconsin Supreme Court seat is shaping up to be a major political flashpoint, testing the strength of Trump’s support in a swing state and attracting record-breaking spending—much of it tied to Elon Musk. The April 1 election will determine the ideological balance of the state’s top court, which is poised to rule on pivotal issues like abortion access, redistricting, labor rights, and election laws ahead of the 2026 midterms and 2028 presidential election. Conservative candidate Brad Schimel, backed by Trump and major outside funding, is facing off against liberal candidate Susan Crawford.
Over $81 million has been poured into the race, far surpassing the previous record of $55 million in 2023. Schimel and his supporters have spent about $46 million, including $17.5 million from Musk-affiliated super PACs. Musk also personally donated $2 million to the state GOP, which quickly funneled funds to Schimel’s campaign. Musk has openly warned that a liberal court majority could redraw congressional districts and shift the balance of power nationally.
Crawford accused Musk and Trump of trying to install a compliant judiciary, while Schimel insisted he’s made no promises to any backers. Meanwhile, Democrats criticized Musk for a potential conflict of interest, citing a Tesla lawsuit in Wisconsin that may end up before the state court. Republicans countered by pointing to liberal billionaires supporting Crawford. With the court expected to rule on abortion rights, labor laws, and future election cases, this judicial race could have national implications.
Wisconsin court race tests Trump's approval as Musk pours millions into campaign | Reuters
A piece I wrote for Forbes this week explores why it’s time to move beyond gas taxes and adopt a kilowatt-hour (kWh) tax to fund road infrastructure. As electric vehicle (EV) adoption increases, gas tax revenues are falling—undermining the traditional funding model for maintaining and expanding roads. Meanwhile, construction costs are rising, and the federal gas tax hasn’t been adjusted since 1993, leaving states with a growing fiscal gap.
I argue that instead of hiking gas taxes on a shrinking pool of internal combustion drivers or cutting infrastructure budgets, states should issue bonds to build out public EV charging networks. These investments could be repaid through a kWh tax on public charging—a fee that would be closely tied to actual road usage. This approach would be more proportional and transparent than flat EV registration fees or invasive mileage-tracking programs.
Unlike a gas tax, which is loosely connected to how much someone drives, a kWh tax—especially if tiered by charging speed—would more accurately reflect miles traveled and wear on the roads. It also avoids privacy issues and technological complexity. Drivers charging at home could remain exempt, just as today’s drivers can choose where to fuel up.
Ultimately, I propose this as a modern, fair way to ensure EV drivers contribute to the roads they use, while giving states the tools to build the infrastructure needed for a successful transition.
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