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Trump Administration's Lawsuit Against Federal Judges & Retaliatory Redistricting

Bloomberg PodcastsJuly 26, 202540 min496 views
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Trump Administration vs. Federal Judiciary

  • ⚖️ The Trump administration filed an unprecedented lawsuit against all 15 federal district judges in Maryland.
  • 📌 This action was a response to an order granting a two-day stay of deportation for migrants filing habeas corpus petitions.
  • 🏛️ Maryland's federal judges argued the lawsuit was an assault on the separation of powers and requested its dismissal.
  • 💡 Retired federal judge Andre Davis described the lawsuit as "off the charts extraordinary" and inconsistent with separation of powers principles.
  • 🛡️ Judges are protected by sovereign immunity and judicial immunity, which Davis believes leaves no legitimate response to their claims.

Redistricting and Political Strategy

  • 📈 President Trump has openly discussed using redistricting to help Republicans retain control of the House, particularly in Texas.
  • 🎯 Texas Governor Greg Abbott added redistricting to the legislative agenda, aiming to add GOP-aligned congressional seats.
  • 🔄 Democrats are reportedly exploring retaliatory redistricting in blue states like California, New York, and New Jersey.
  • ⚖️ Richard Briffault, an elections law expert, notes that mid-cycle redistricting is unusual and often done for blatantly partisan purposes.
  • ⚠️ The Supreme Court has stated that partisan gerrymandering is not unconstitutional, but racial gerrymandering is.

Copyright Law and Tattoo Artistry

  • 🎨 A photographer sued tattoo artist Kat Von D for copyright infringement over a tattoo of Miles Davis based on his photograph.
  • 🧑‍⚖️ A jury found for Kat Von D, ruling the tattoo was not substantially similar to the copyrighted photo.
  • appellate judges on the Ninth Circuit struggled with the jury's verdict, questioning how it could be reached when the tattoo and photo appeared similar.
  • 🧐 The Ninth Circuit uses a two-part test for copyright infringement: an objective extrinsic test by the court and a subjective intrinsic test by the jury.
  • 🚫 The appellate court is unlikely to overturn the jury's verdict on substantial similarity, as it's a subjective test and appellate judges cannot substitute their opinion for the jury's.
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What’s Discussed

Trump AdministrationFederal JudiciarySeparation of PowersJudicial ImmunityRedistrictingGerrymanderingCopyright InfringementTattoo LawNinth Circuit Court of AppealsKat Von DMiles DavisHabeas CorpusDeportationArticle 3 Coalition
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