#27 - Guns, Money, and The Fed
SCOTUS Hears Major Cases Over Second Amendment & Article II
Welcome back to Lex Liberas, a hybrid newsletter and article combo on constitutional law and court cases. To read the article portion, make sure to sign up here:
Otherwise, please consider sharing this post with a friend:
Alright, let’s get into it!
News Desk - This Week’s Top Ten Headlines
Supreme Court Hears Argument in Wolford v. Lopez & Trump v. Cook
The Court heard oral argument in Wolford v. Lopez on Tuesday over the case’s challenge to Hawaii’s gun law prohibiting concealed carry permit holders from bringing handguns onto private property open to the public (e.g., stores, restaurants, bars) without the explicit permission of the property owner. The state argues their local traditions surpass the weight of the Second Amendment, and argued the Black Codes, which restricted the gun rights of minorities in the Jim Crow era, justified their attempt at gun control as a “tradition” under the Constitution. To absolutely no one’s surprise, the justices were not in a hurry to accept an argument based on race discrimination in 2026, with Justice Alito asking why Hawaii was “relegating the Second Amendment to second-class status.” The following day, conservative superstar Paul Clement faced off against Solicitor General John Sauer in Trump v. Cook over the President’s power to fire disgraced Federal Reserve Governor Lisa Cook. With Sauer frequently interrupting the justices while Clement attacked the case from all angles, the administration came out of the argument with the tide turned against them. More on the Cook case in today’s article below, which you can read if subscribe.
Supreme Court Releases Three More Opinions Before Tariffs Decision
The Court released three unanimous opinions in lower-profile cases on Tuesday while continuing to delay the much-anticipated ruling on President Trump’s IEEPA tariffs. In Berk v. Choy, the Court addressed a question over the Rules of Civil Procedure that remains interesting only to law professors and their students, and in Coney Island v. Burton, the Court fleshed out the time limits of a federal bankruptcy statute. Finally, the Court upheld the applicability of the Ex Post Facto clause to a criminal statute frequently seen as civil law, with Justice Thomas filing a concurring opinion suggesting the 228-year-old decision in Calder v. Bull be reevaluated. Outside of this suggestion, the Court’s opinions have caused little stir, and the tariffs decision’s outcome becomes more ambiguous by the day.Trump Administration Urges Supreme Court to Rule on California Maps
The administration, through Solicitor General Sauer, urged the Court on Friday to declare California’s newly redistricted map unconstitutional as a racial gerrymander. Created to add up to five Democratic-leaning House seats, the map was challenged by state Republicans ahead of the 2026 midterms. The administration argues that statements from the map’s consultant explicitly discuss race-based line-drawing in certain districts, which Sauer concludes is “tainted” despite its otherwise purely partisan justification. Justice Kagan ordered California to respond by January 29, as candidate filing opens February 9. This all follows the Court’s decision last month allowing Texas’s map to proceed, in which Justice Alito described the impetus for California’s map “partisan advantage pure and simple.”1 More on last month’s decision here:Chase Bank Sued for Debanking the President of the United States
President Trump and his affiliated businesses filed a lawsuit against JPMorgan Chase Bank and its CEO on Friday, alleging that the bank improperly closed several accounts belonging to the President. The complaint asserts this caused significant financial losses, reputational harm, and the need to seek less favorable banking arrangements elsewhere. According to Trump, acting in his personal capacity in the case, JPMorgan placed him on a blacklist accessible to other financial institutions, implying possible trade libel, violations of Florida state law, and a breach of the implied covenant of good faith and fair dealing. JPMorgan responded by stating the suit lacks merit and confirming plans to defend itself in court. Upon review, this author can find no record of banks cutting off the President of the United States from their services.
Court Immediately Restrains Administration in ICE Shooting Case
A Minnesota district judge granted an emergency TRO in a lawsuit brought against the Trump administration the day Alex Pretti was shot and killed by ICE agents. The order hastily enjoins the defendants, their agents, and anyone acting in concert with them from destroying, altering, or otherwise tampering with any evidence related to the fatal shooting in Minneapolis. Specifically covering evidence removed from the scene or taken into exclusive federal custody, the order halts prohibits any interference with evidence ahead of the suit’s further proceedings. The court scheduled a hearing for today to consider any objections from the defendants and to determine whether the temporary order should be extended, ultimately taking no further action as of this writing.Supreme Court Adds Case On Digital Privacy
Earlier today, the Court granted review in Salazar v. Paramount Global to resolve a circuit split over the scope of the Video Privacy Protection Act of 1988, known as the “Bork bill” for its passage after the failed confirmation of Judge Robert Bork. The case originates from a claim that Paramount violated the Act by sharing a user’s Facebook ID and video-viewing history with Facebook after the person watched content on a sports site while logged into the social platform. Lower courts dismissed the suit as the plaintiff was not, in their view, a “consumer” of “audiovisual goods or services” under the Act because he did not have a paid or formal membership. This marks the most recent addition to the Court’s slowly expanding docket.DOJ Subpoenas Disgraced Minnesota Governor Tim Walz
Following the Governor’s repeated attempts to resist ICE operations in his state, the DOJ issued subpoenas to former VP-hopeful and renowned football star Tim Walz. The agency also subpoenaed Minneapolis Mayor Jacob Frey, St. Paul Mayor Kaohly Her, Attorney General Keith Ellison, and Hennepin County Attorney Mary Moriarty, seeking information related to the interference with federal immigration enforcement operations. The subpoenas, reported by multiple outlets including the New York Times, do not specify any criminal statute but arise in the wake of heightened tensions following the continued anti-ICE protests and National Guard activation. Walz and Frey have vocally opposed the Trump administration’s aggressive ICE deployments in Minnesota, with Frey publicly demanding that ICE “get the f*** out” of his city. Walz called the move “political theater,” but evidently has no similar feelings towards his actions in calling up the National Guard.California Joins World Health Organization in Unprecedented Move
In a remarkable assertion of state sovereignty, California announced that it has become the first and only state to join the World Health Organization’s Global Outbreak Alert and Response Network (GOARN), a coordinated international system that unites governments and public health systems address health threats. Governor Newsom made the announcement following a meeting with the WHO Director-General at the World Economic Forum in Davos, Switzerland. Newsom, who may need reminded that he governs a state, not a country, framed the move as resistance to the Trump administration’s formal withdrawal of the United States from WHO. Newsom condemned the decision as “reckless,” though suddenly identifying his state as a new country did not meet his threshold for recklessness. This unprecedented move positions California, with its vast population and economy, as a quasi-independent actor in global disease surveillance, but raises grave legal questions that border upon nullification.
Maine Governor Resists ICE Operations in State
Joining her fellow blue state Governors in defying federal authority, Maine Governor Janet Mills issued a public statement last week responding to the launch of new ICE operations in the state. Mills insisted that federal agents must present valid warrants for any actions and condemned any separations of working mothers from young children. DHS Assistant Secretary Tricia McLaughlin sharply criticized Mills and other “sanctuary politicians” in Maine for prioritizing criminal noncitizens over law-abiding American citizens, noting that arrests under the operation have already included individuals charged with aggravated assault, false imprisonment, and endangering the welfare of a child. While Minneapolis remains the hub of ICE news, it should only take a few weeks for some lawsuit to come out of Maine.DHS Promises to Deport Mahmoud Khalil Again
On Thursday, Assistant Secretary McLaughlin announced that activist Mahmoud Khalil will be rearrested and deported to Algeria, stating, “It looks like he’ll go to Algeria. That’s what the thought is right now.” This latest move follows a recent ruling by the Third Circuit that reversed an releasing Khalil from immigration detention, allowing the way for the Trump administration to resume enforcement of his removal order after he spent 104 days in ICE custody earlier last year. His lawsuit against the administration continues, but could become much more complicated should DHS’s plans go forward.
Picks of the Week - Articles Worth Your Time
The Dubious History Supporting Hawaii’s Gun Laws
By Jesse Leon for the Liberty Justice Center
Liberals using the Black Codes to justify their gun laws shows a certain level of priority.
Inciting Terrorism is Not Free Speech
By Tal Fortgang for City Journal
On a recent Fourth Circuit ruling.
Life Without Buckley v. Valeo
By John Samples for the Institute for Free Speech
Examines the campaign finance case on its 50th anniversary.
Quote of the Week
“I feel like some of the [Supreme] court’s critics don’t know how to take yes for an answer.”
Prof. Will Baude, discussing the Court’s disposition in Trump v. Cook
Quick Notes
Now the part of the newsletter full of thoughts and opinions. This week, a quick recap of Trump v. Cook.
