This Day in Legal History: Frederic William Maitland Born
On this day in legal history, May 28, 1850, Frederic William Maitland was born in London. Maitland would go on to become one of the most influential legal historians of the 19th century, widely regarded as the father of modern English legal history. Educated at Eton and Trinity College, Cambridge, Maitland initially studied moral sciences before turning to the law. He was called to the bar in 1876 but soon found his true calling in historical scholarship. In 1888, he was appointed Downing Professor of the Laws of England at Cambridge, a post he held until his death in 1906.
Maitland’s most enduring contribution came through his collaboration with Sir Frederick Pollock on The History of English Law before the Time of Edward I, published in 1895. This seminal work remains a cornerstone of English legal historiography, notable for its rigorous use of original sources and its narrative clarity. Maitland brought a historian’s eye to legal development, emphasizing the role of institutions and the evolution of legal ideas over time. His scholarship reshaped the understanding of English common law, highlighting its medieval roots and its organic, often non-linear, development.
Beyond his academic writings, Maitland played a critical role in editing and publishing primary legal texts, including year books and medieval court rolls, through his work with the Selden Society, of which he was a founding member. His meticulous editing practices set new standards for legal historical methodology. Despite a relatively short life—he died at 56—Maitland's intellectual legacy continues to influence the study of common law traditions worldwide.
A federal judge ruled that a lawsuit brought by 14 states against Elon Musk and the federal agency DOGE could proceed, while dismissing claims against President Donald Trump. U.S. District Judge Tanya Chutkan found that the states had presented a plausible argument that Musk's aggressive cost-cutting measures lacked legal authorization, though she emphasized that courts cannot interfere with a president’s official duties.
The lawsuit, initiated in February by attorneys general from states including Oregon and New Mexico, argues that Musk has been given sweeping, unchecked authority over federal operations without Senate confirmation or congressional authorization. The states contend this violates constitutional requirements, as Musk has not been formally appointed or confirmed for any federal office.
DOGE, a newly formed government efficiency agency led by Musk, has been rapidly eliminating jobs and programs deemed wasteful, sparking significant legal pushback. Since its inception under Trump’s second-term reforms, roughly 20 related lawsuits have emerged, with courts issuing mixed rulings. Critics argue the agency operates outside constitutional bounds, while supporters claim it is essential to fiscal reform.
US judge allows states' lawsuit against DOGE to proceed | Reuters
A federal judge ruled that President Donald Trump’s executive order against law firm WilmerHale was unconstitutional, marking the third time courts have rejected such orders targeting legal opponents. U.S. District Judge Richard Leon concluded that Trump’s order retaliated against WilmerHale for hiring Robert Mueller, violating the firm’s rights to free speech and due process. Mueller, a former special counsel, led the investigation into Russian interference in the 2016 election—a probe Trump has long criticized.
The executive order sought to strip WilmerHale’s attorneys of security clearances, ban the firm from federal buildings, and block its clients from receiving government contracts. Judge Leon described the move as a “staggering punishment” that undermined the firm’s ability to function and penalized it for protected political expression. WilmerHale celebrated the ruling, asserting that it upholds critical constitutional principles.
This decision follows similar rulings by Judges Beryl Howell and John Bates, who struck down Trump’s executive orders targeting Perkins Coie and Jenner & Block, respectively. A fourth ruling is pending regarding Susman Godfrey. The Department of Justice has defended the orders, insisting they fall within the president’s authority, and may appeal Leon’s decision.
Some firms, such as Paul Weiss and Latham & Watkins, reached agreements with the Trump administration to avoid penalties by pledging nearly $1 billion in pro bono services. These deals have sparked concern within the legal industry, with critics warning they reflect dangerous capitulation to political pressure.
Judge bars Trump order against law firm tied to Robert Mueller | Reuters
WilmerHale Wins Quick Ruling Against Trump’s Executive Order (2)
U.S. District Judge Lewis Liman temporarily blocked the Trump administration from rescinding federal approval and funding related to New York City’s congestion pricing program. The judge’s order came just one day before the U.S. Department of Transportation, under Secretary Sean Duffy, was set to begin withholding environmental approvals and project funds from the city and state. The Trump administration had revoked the program’s federal green light in February, arguing it unfairly burdened drivers and lacked a free highway alternative. New York officials, including Governor Kathy Hochul and the Metropolitan Transportation Authority (MTA), sued to stop the federal rollback, calling the move politically motivated and unconstitutional.
The congestion pricing program, which began in January, charges most vehicles $9 during peak hours to enter Manhattan below 60th Street. Designed to reduce traffic and fund transit improvements, the initiative has shown clear signs of success in its first 100 days. Traffic congestion has dropped significantly, with up to 6 million fewer cars entering lower Manhattan compared to the same period a year ago. Commutes through bottlenecks like the Holland Tunnel have seen delays cut by nearly half, and traffic-related injuries in the zone have also declined by about 50%.
Other measurable benefits include a 70% drop in complaints about excessive car-honking and improved bus speeds to the point that some drivers have to slow down to stay on schedule. Economic indicators like Broadway ticket sales and pedestrian foot traffic are up, suggesting that the tolls haven’t deterred business as critics warned. Public transit ridership has also increased, particularly on the LIRR and Metro-North, reinforcing that many former drivers are switching to trains.
Despite early skepticism and political backlash—including Trump’s own social media mockery of the program—the numbers show that congestion pricing is working. The MTA expects to raise about $500 million this year, funding upgrades like subway elevators, electric buses, and the next phase of the Second Avenue Subway. While final legal outcomes remain uncertain, for now, both traffic and funding are moving in the right direction.
US judge temporarily blocks Trump administration from killing New York congestion program | Reuters
Share this post