Aloha Friday

March 20, 2026 — Aloha Friday

Mar 20, 2026
0302 AM SCOTUS TT·0320 March SCOTUS News Update daily AM YT
The Trump administration sued California over a law requiring chickens to have more room — and a Trump-appointed judge dismissed it because the government couldn't prove it was actually hurt.

California's Proposition 12 (voter-approved) required minimum space standards for veal calves, breeding pigs, and egg-laying hens — and required that any meat or eggs sold in California meet those standards regardless of where they were produced. The federal government sued, arguing the federal EPIA (Egg Products Inspection Act) preempted California's egg standards under the Supremacy Clause. But the judge — a Trump nominee — dismissed the case because the government failed to demonstrate a redressable injury to itself. The government's claimed injury was to the American working class (higher egg prices), not to the federal government. You can't sue on someone else's behalf without their consent. The judge also noted the government's evidence on egg prices was "mixed at best." Bryan's favorite line from the opinion: the judge said the government was "seeking to enforce the pecking order between federal and state law" — which he noted was "a solid dad joke." Government given two weeks to refile.

Constitutional question: Whether the federal government has Article III standing to bring a Supremacy Clause preemption challenge to a state law on the theory that the preemption itself constitutes an injury — without an additional, concrete harm to the government itself.
The government finally showed its hand in the Anthropic case — and its main argument is that refusing to accept a contract isn't speech, so the First Amendment doesn't apply. But Anthropic didn't just lose one contract.

The government filed its preliminary injunction response. Its primary argument: Anthropic's refusal to accept DOD contract terms was conduct, not speech, and therefore not protected by the First Amendment. The government's theory is that if refusal to accept contract terms were protected speech, the government could never enforce any contract term against a private party invoking free speech. Bryan found the argument intellectually interesting as a contract-law question — but noted the factual mismatch: Anthropic didn't just lose the specific contract it declined. It lost all of its government contracts, had existing contracts canceled, and was publicly designated a national security threat. That's not "we chose not to do business with you" — that's retaliation. Preliminary injunction hearing set for Wednesday, March 24. Bryan: "I am loving this case."

First Amendment — conduct
Constitutional question: See 0310_PM_Anthropic.md. This episode adds the government's conduct-not-speech argument — which, if it prevails, would limit First Amendment protection for businesses that refuse certain government contract terms.
Abramowitz v. Lake · 25-cv-00887
Kari Lake tried every trick she knew to shut down Voice of America — and a federal judge issued a final ruling saying none of it was lawful.

Kari Lake was appointed head of the U.S. Agency for Global Media (which oversees Voice of America). She proceeded to attempt VOA's shutdown by multiple methods: trying to transfer the director to a different agency, cutting funding, and reducing operations to the "statutory minimum" (the lowest level permitted by law). Each attempt failed in court. The court issued a summary judgment (a final order on the merits) finding Lake violated the APA in reducing VOA's services. The core problem: the person in charge of VOA has a statutory duty to run it. Cutting funding requires showing your work — explaining the reasoning and how the cut tracks with what Congress required. Lake's stated reason — the president issued an executive order — is not a reason. "That's just him saying he likes green paint. But this isn't his living room." The parties were given seven days to come together and propose a plan for how to move forward. Bryan noted this is a case he'd been following since his first or second Morning Report.

APA arbitrary
Constitutional question: Whether a presidential executive order constitutes adequate justification for an executive agency head to reduce an agency to its statutory minimum — or whether the APA requires independent reasoning tied to the agency's statutory purpose, regardless of presidential direction.