Minimum Competence

This Day in Legal History: Marbury vs. Madison Decided

On February 24, 1803, the U.S. Supreme Court, led by Chief Justice John Marshall, issued its landmark decision in Marbury v. Madison, establishing the principle of judicial review. The case arose when William Marbury, appointed as a justice of the peace by outgoing President John Adams, sued Secretary of State James Madison for failing to deliver his commission. The Court ruled that while Marbury had a right to his commission, the Judiciary Act of 1789, which granted the Supreme Court the power to issue writs of mandamus in such cases, was unconstitutional. By striking down this portion of the law, Marshall asserted that it was the judiciary's role to interpret the Constitution and invalidate any congressional acts that conflicted with it. This decision cemented the Supreme Court’s authority as a coequal branch of government, ensuring that no law could override the Constitution.

Though it limited the Court’s immediate power by denying Marbury his commission, the ruling vastly expanded its long-term influence. Judicial review has since been used to strike down laws in areas ranging from civil rights to executive power. The case remains a cornerstone of American constitutional law, shaping the balance of power between the branches of government.

A federal judge is set to hear the Associated Press's (AP) request to restore its journalists' access to the White House after President Trump’s administration banned them for continuing to use the name "Gulf of Mexico" instead of "Gulf of America." The AP sued three senior Trump aides, arguing the ban violates the First Amendment by attempting to control the language journalists use in their reporting. The lawsuit seeks to reinstate AP’s access to Air Force One and the White House press pool. White House officials dismissed the lawsuit as a publicity stunt, with Press Secretary Karoline Leavitt defending the administration’s position. Trump signed an executive order renaming the Gulf last month, but AP continued using the traditional name while noting the change. Several press freedom groups and the White House Correspondents' Association have condemned the ban. A hearing on the AP’s motion for a temporary restraining order is scheduled for Monday in Washington federal court.

US judge to hear AP challenge to Trump's ban over use of Gulf of Mexico name | Reuters

The U.S. Securities and Exchange Commission (SEC) has closed its investigation into Robinhood's cryptocurrency division without taking any action, the company announced Monday. Robinhood’s stock rose 2.9% in premarket trading following the news. The investigation began in May 2024 when the SEC warned Robinhood that it could face charges for potential securities law violations related to its crypto operations. The decision comes shortly after the SEC dropped a separate lawsuit against Coinbase, another major crypto firm.

US SEC closes investigation into Robinhood with no action | Reuters

The federal judiciary has advised judges and staff to ignore an email from the Trump administration requesting they report five accomplishments from the past week. The email, sent by the Office of Personnel Management (OPM) as part of a broader government efficiency effort, was shared by Elon Musk on X before reaching federal employees. Judiciary officials said they would address the matter with OPM but urged recipients not to respond. Legal experts criticized the request as a possible violation of the separation of powers, arguing that the executive branch has no authority over the judiciary. Some judges and clerks in Washington, D.C., and Texas confirmed receiving the email. Constitutional scholars warned that such an inquiry, particularly when federal courts are handling cases involving Trump’s policies, could be an inappropriate intrusion by the executive branch. The request is part of an initiative to reduce government spending, which has already led to significant federal job cuts.

Judiciary Tells Judges, Staff to Ignore Email to Explain Work