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•  Law School News - Legal News


The Supreme Court sided with the Trump administration Thursday in upholding the power of federal regulators to enforce data privacy laws on telecommunications companies.

The 8-1 decision preserved one of the Federal Communications Commission's key tools, though the companies also won a concession from the Republican administration that could shift the regulatory landscape.

The appeal from telecommunications giants Verizon and AT&T challenged a combined $100 million in penalties imposed after the agency determined that the companies had failed to safeguard customer location data.

The companies argued that the FCC's process was unconstitutional because it gave them little opportunity to tell their side of the story in front of a jury.

The administration defended the fines as an essential regulatory tool. But the government also said companies did not have to pay the penalties right away, a regulatory shift in the companies' favor.

The Supreme Court agreed, affirming the FCC's power to order fines when challenges are still available.

"The orders at issue did not settle the carriers' legal obligations because, stated simply, they did not create an obligation to pay," Chief Justice John Roberts wrote for the majority.

Justice Clarence Thomas, the lone dissenter, said he would have given the two telecom companies a clearer path to recouping the fines they already paid.

Other agencies use similar enforcement methods, so a sweeping victory for AT&T and Verizon could have had widespread effects, advocates said.

The environmental group Earthjustice applauded the ruling, saying it has direct implications for other agencies and a key energy-efficiency case.

"By rejecting this unsupported attack on agency authority, the Court's decision safeguards the government's ability to enforce laws that protect people, communities, and the environment," said Caroline Flynn, the group's Supreme Court counsel.

The libertarian-leaning New Civil Liberties Alliance was disappointed by the decision, but expected it to help other companies in the future. "In fact, it may even buttress their willingness to challenge future agency orders in federal court before paying any penalties," said the alliance's president, Mark Chenoweth.

A few more carriers may decide to litigate, but the decision leaves the FCC with the power to "publicly announce large fines with much fanfare," said Doug Orvis, a veteran telecom attorney. "It will be interesting to see what happens going forward."

The Supreme Court's conservative majority has sided against federal agencies and limited their power before. That includes overturning a decades-old decision that had given regulators an advantage in court and stripping another agency of a major tool in fighting securities fraud.




A tourist from Washington state pleaded not guilty Wednesday to charges accusing him of hurling a coconut-sized rock at an endangered Hawaiian monk seal and was ordered to stay away from Hawaii beaches.

Igor Lytvynchuk, 38, of Covington, Washington, was in U.S. District Court in Honolulu Wednesday, where he pleaded not guilty to charges of harassing and attempting to harass a protected animal. U.S. Magistrate Judge Rom Trader allowed him to remain free pending the criminal case but ordered him to stay away from beaches and marine wildlife while in Hawaii.

"You're not going to the beach, you understand that," Trader told Lytvynchuk, who responded that he understood.

Lytvynchuk declined to comment after the hearing.

One of his defense attorneys, Myles Breiner, said previously his client was trying to protect sea turtles and has since been physically assaulted, threatened and doxed.

Earlier this month, a witness recorded what prosecutors say was a video of him throwing the rock at a Hawaiian monk seal at a Maui beach. He later made arrangements to surrender in the Seattle area as special agents with the National Oceanic and Atmospheric Administration were seeking to arrest him, prosecutors said.

The video drew widespread condemnation and demands for prosecution in Hawaii, including from Maui's mayor. Scientists identified the seal as an adult male known as "R404," NOAA said.

According to prosecutors, a state Department of Land and Natural Resources officer investigated a report of Hawaiian monk seal harassment in Lahaina, the community that was largely destroyed by a deadly wildfire in 2023. A witness showed the officer video of the seal swimming in shallow water while a man watched from shore.

The video showed Lytvynchuk throwing the rock, described by a witness as the size of a coconut, directly at the seal, narrowly missing its head, prosecutors said in a criminal complaint.

When a witness confronted Lytvynchuk, he said "he did not care and was 'rich' enough to pay any fines," according to the complaint.

Afterward, a man "brutally assaulted" Lytvynchuk, Breiner said. Lytvynchuk declined to file a police report on the assault, the attorney said.

Breiner explained his client had been to Hawaii previously and was familiar with sea turtles, but not Hawaiian monk seals. Lytvynchuk is a fisherman and thought the seal was an aggressive sea lion, the lawyer said.

"So his response was not to hurt this monk seal, but to get it away from the turtles," Breiner said.

The incident shows NOAA must do more to educate the public about protecting Hawaiian monk seals, Hawaii's U.S. Sen. Brian Schatz, a Democrat, said in a statement.

Since the video surfaced, Lytvynchuk has faced death threats and doxing, including receiving a package at his home containing what appeared to be feces, Breiner said.

He said his client is being treated unfairly because he is a white outsider. "The vast majority of attacks on monk seal and turtle are by locals," he said.

Lytvynchuk is charged with violations of the Endangered Species Act and the Marine Mammal Protection Act.

Hawaiian monk seals are a critically endangered species. Only 1,600 remain in the wild.

If convicted, he faces up to one year in prison for each charge. He also faces a fine of up to $50,000 under the Endangered Species Act and a fine of up to $20,000 under the Marine Mammal Protection Act.

At the hearing, attended by numerous Hawaiian monk seal protection activists, Trader set a scheduling hearing for June 9, but said Lytvynchuk is allowed to participate by phone or video from Washington. Trader ordered him not to travel outside Washington and Hawaii. Lytvynchuk said he surrendered his U.S. passport to authorities.




President Lyndon B. Johnson knew the legislation he was about to sign was momentous, one that took courage for certain members of Congress to pass since the vote could cost them their seats.

To honor that, he took the unusual step of leaving the Oval Office and going to Capitol Hill for the signing ceremony. It was Aug. 6, 1965, five months after the "Bloody Sunday" attack on civil rights marchers in Selma, Alabama, gave momentum to the bill that became known as the Voting Rights Act.

In the six decades since, it became one of the most consequential laws in the nation's history, preventing discrimination against minorities at the ballot box and helping to elect thousands of Black and Hispanic representatives at all levels of government.

On Wednesday, the U.S. Supreme Court knocked out a major pillar of the law that had protected against racial discrimination in voting and representation. It was a decision that came more than a decade after the court undermined another key tenet of the law and led to restrictive voting laws in a number of states. Voting and civil rights advocates were left fearful of what lies ahead for minority communities.

"It means that you have entire communities that can go without having representation," said Cliff Albright, a co-founder of the group Black Voters Matter. "It is literally throwing us back to the Jim Crow era unapologetically, and that's not exaggeration."

Kareem Crayton, vice president of the Brennan Center for Justice's Washington office, said the court's steady work to erode the Voting Rights Act, culminating in Wednesday's decision, amounted to "burying it without the funeral."

The Supreme Court's ruling came in a congressional redistricting case out of Louisiana after the state created a district that gave the state its second Black representative to Congress.

It found that map to be an unconstitutional gerrymander because it took race into account to draw the lines. In an opinion written by Justice Samuel Alito, the court's conservative majority said the provision of the Voting Rights Act in question, called Section 2, was designed to protect voters from intentional discrimination.

Justice Elena Kagan in her dissent said the bar to show intentional discrimination is "an almost insurmountable barrier for challenges to any voting rights issues to prove discrimination."

Voting rights experts said the ruling leaves the Voting Rights Act only a shell of what it had been and will provide an open door for political mapmakers at every level — from local school districts to state legislatures to Congress — to undermine minority representation.

"We're witnessing the evisceration of America's greatest legislative landmark at the hands of a far right Supreme Court," Democratic U.S. Rep. Ritchie Torres of New York said.

Maria Teresa Kumar, president of Voto Latino, said the decision will allow more aggressive "cracking and packing" of populations to dilute their votes, "not just in congressional districts but also in state legislatures, county commissions, school boards and city councils."

Voting rights experts said there is no doubting the law's impact over the decades.

Sherrilyn Ifill, a law professor at Howard University and the former president of the NAACP Legal Defense Fund, said there were about 1,500 Black elected officials throughout the country in 1970. Today, that stands at more than 10,000.

"And it isn't because of the goodness of people's hearts," she said.

She said that success was a direct result of Black communities, civil rights activists and lawyers having the tools, through the Voting Rights Act, to file challenges to efforts to diminish the voting strength of Black and Hispanic voters. Most of the Section 2 cases have been over representation in local governments.




The Supreme Court is taking up one of the term's most consequential cases, President Donald Trump's executive order on birthright citizenship declaring that children born to parents who are in the United States illegally or temporarily are not American citizens, and he was in the courtroom on Wednesday to attend the arguments.

The justices will hear Trump's appeal of a lower-court ruling from New Hampshire that struck down the citizenship restrictions, one of several courts that have blocked them. They have not taken effect anywhere in the country.

Trump is the first sitting president to attend oral arguments at the nation's highest court. Crowds watched from the sidewalks as his motorcade drove along Constitution and Independence Avenues, passing the Washington Monument and the National Mall on the way to the court building.

The case frames another test of Trump's assertions of executive power that defy long-standing precedent for a court that has largely ruled in the president's favor — but with some notable exceptions that Trump has responded to with starkly personal criticisms of the justices. A definitive ruling is expected by early summer.

The birthright citizenship order, which Trump signed the first day of his second term, is part of his Republican administration's broad immigration crackdown.

Birthright citizenship is the first Trump immigration-related policy to reach the court for a final ruling. The justices previously struck down global tariffs Trump had imposed under an emergency powers law that had never been used that way.

Trump reacted furiously to the late February tariffs decision, saying he was ashamed of the justices who ruled against him and calling them unpatriotic.

He issued a preemptive broadside against the court on Sunday on his Truth Social platform. "Birthright Citizenship is not about rich people from China, and the rest of the World, who want their children, and hundreds of thousands more, FOR PAY, to ridiculously become citizens of the United States of America. It is about the BABIES OF SLAVES!," the president wrote. "Dumb Judges and Justices will not a great Country make!"

Trump's order would upend the long-standing view that the Constitution's 14th Amendment, ratified in 1868, and federal law since 1940 confer citizenship on everyone born on American soil, with narrow exceptions for the children of foreign diplomats and those born to a foreign occupying force.




A jury convicted a Wisconsin man of election fraud and identity theft for requesting the ballots of Republican state Assembly Speaker Robin Vos and Democratic Racine Mayor Cory Mason without their consent.

Jurors in Racine County on Tuesday found Harry Wait guilty of two misdemeanor election fraud charges and one felony identity theft charge following a two-day trial. He was acquitted of a second count of identity theft.

Wait leads a group that makes false election claims, including that Wisconsin's elections are riddled with fraud and that President Donald Trump won the 2020 election. Trump lost Wisconsin in 2020 by about 21,000 votes.

Wait admitted in 2022 that he requested Vos' and Mason's ballots to try to prove that the state's voter registration system is vulnerable to fraud. Wait told The Associated Press at the time that he wasn't surprised he was charged.

"You got to expect to pay some costs sometimes when you are trying to work for the public good," he said.

His efforts drew praise from Republican U.S. Sen. Ron Johnson in 2022, who called Wait a "white hat hacker."

After the verdict, Wait told WTMJ that he "would do it again." "I tested the system and the system failed," he said.

A sentencing date has not been set. Wait's attorney Joe Bugni did not respond to an email Wednesday asking whether he would appeal.

Wait, 71, faces up to six years in prison on the felony conviction and up to a year in jail on each of the misdemeanor convictions.

His conviction comes after a jury in 2024 found a former Milwaukee election official guilty of misconduct in office after she obtained three military absentee ballots using fake names and Social Security numbers in 2022. Like Wait, Kimberly Zapata argued that she was trying to expose vulnerabilities in the state's election system.

Zapata was fined $3,000 and sentenced to one year probation.




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