This Day in Legal History: East German Border Sealed
On August 13, 1961, the East German government abruptly sealed the border between East and West Berlin, cutting off one of the last open crossings between the Eastern Bloc and the West. Overnight, streets were blocked, barbed wire unrolled, and armed guards posted, turning neighbors into strangers by force. For years after World War II, Berlin had been a divided city within a divided Germany, but its open border allowed thousands of East Germans to flee to the West. By 1961, East Germany’s leadership, with Soviet backing, viewed the steady exodus as both an economic drain and a political embarrassment. The border closure was quickly followed by the construction of the Berlin Wall — initially a rudimentary barricade, later reinforced into a heavily guarded concrete barrier. Families were split, jobs lost, and daily life in the city transformed, as movement between the two halves became nearly impossible. West Berlin became an isolated enclave of democracy surrounded by a communist state, symbolizing Cold War tensions. The Wall also became a stage for daring escape attempts, some successful, others tragically fatal. Its legal underpinning rested on East Germany’s assertion of sovereignty and border control, which the West rejected as illegitimate. International condemnation followed, but geopolitical realities left the Wall in place for nearly three decades. The border closure and Wall construction intensified the East–West standoff, influencing Cold War diplomacy, military posturing, and propaganda. The Wall finally fell on November 9, 1989, marking the beginning of German reunification. The events of August 13, 1961, remain a stark reminder of how governments can physically enforce political divisions.
The American Bar Association has voted to eliminate its longstanding rule that reserved five Board of Governors seats specifically for women, racial minorities, LGBTQ+ members, and people with disabilities — what can only be described as a stunning kowtowing to authoritarianism. Instead, those positions will now be open to anyone who can demonstrate a commitment to diversity, equity, and inclusion, regardless of personal demographic background. The change was approved by the ABA’s House of Delegates during its annual meeting in Toronto, where members also considered, but rejected, proposals to shrink the size of both the House and the Board. Advocates for the shift argued that broadening eligibility could help the ABA sidestep potential lawsuits, while critics noted it follows years of political pressure from the Trump administration and conservative legal groups. That pressure has included threats to strip the ABA of its law school accreditation role and formal complaints alleging its diversity programs discriminate against non-minorities. The ABA has already paused its law school diversity accreditation requirement until at least 2026. Membership in the association has also sharply declined over the past decade, falling from nearly 400,000 in 2015 to about 227,000 in 2024, with leadership citing the elimination of free and low-cost memberships as one factor. Previously, eligibility for the diversity-designated seats was based strictly on identity, but the new rules rely on factors such as lived experience, involvement in relevant initiatives, and resilience in the face of obstacles. While the ABA did not cite political motives, the timing and surrounding context suggest a strategic retreat in the face of escalating ideological confrontation.
ABA ends diversity requirements for governing board seats | Reuters
AT&T has reached a settlement with Headwater Research, ending a wireless patent infringement lawsuit just days before trial in a Texas federal court. Headwater, founded by scientist Gregory Raleigh, claimed AT&T used its patented technology for reducing data usage and easing network congestion without permission, allegedly copying the inventions after a 2009 meeting with company employees. The suit, filed in 2023, targeted AT&T’s cellular networks and devices, with the telecom giant denying infringement and challenging the patents’ validity. The case was set for trial Thursday, but both parties asked the court to pause proceedings due to the settlement. Headwater has had recent success in the same court, winning $279 million from Samsung and $175 million from Verizon in separate wireless technology disputes earlier this year. Terms of the AT&T settlement were not disclosed.
AT&T settles US wireless patent case before trial | Reuters
A federal judge has ordered the Trump administration to restore part of the $584 million in federal grants it recently froze for UCLA, finding the move violated a prior court injunction. Judge Rita Lin, ruling from San Francisco, said the National Science Foundation’s suspension of funds breached her June order that blocked the termination of multiple University of California grants. The decision affects more than a third of the frozen amount, which had been halted amid President Trump’s threats to cut funding to universities over pro-Palestinian campus protests. The administration has accused UCLA and other schools of allowing antisemitism during demonstrations, while protesters — including some Jewish groups — argue the government is conflating criticism of Israel’s actions in Gaza with bigotry. The funding freeze comes as UCLA faces a proposed $1 billion settlement demand from the administration, a figure the university says would be financially devastating. Critics, including California Governor Gavin Newsom, have labeled the offer as extortion, raising broader concerns about free speech and academic freedom. UCLA has already settled a separate antisemitism lawsuit for over $6 million and faces litigation tied to a 2024 mob attack on pro-Palestinian demonstrators. The administration has reached settlements with other universities, including Columbia and Brown, while talks with Harvard continue.
Judge orders Trump administration to restore part of UCLA's suspended funding | Reuters
A federal appeals court has upheld Arkansas’s ban on gender-affirming medical care for transgender minors, reversing a lower court’s ruling that found the law unconstitutional. In an 8-2 decision, the 8th U.S. Circuit Court of Appeals cited the U.S. Supreme Court’s recent approval of a similar Tennessee law, concluding that Arkansas’s restrictions do not violate the Equal Protection Clause. The majority also rejected claims that the ban infringes on parents’ constitutional rights to seek medical treatment for their children, finding no historical precedent for such a right when the state deems the care inappropriate. The dissent argued the law lacked evidence to support its stated goal of protecting children and would harm transgender youth and their families. Arkansas passed the first statewide ban of its kind in 2021, overriding a veto from then-Governor Asa Hutchinson, and it has since been followed by similar laws in 25 states. The ruling represents a significant victory for Republican-led efforts to restrict gender-affirming care and comes amid a wave of federal and state litigation over such policies.
US appeals court upholds Arkansas law banning youth transgender care | Reuters
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