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The First #RRF of 2025!

Happy New Year, our fine patrons! Matt and Thomas will be back at it tomorrow to work on the first rapid response episode of 2025 and, like always, we'd love to hear what legal stories have piqued your interest!

Chime in below with your suggestions and be sure to heart those that you'd like to hear covered!

Comments

A bit late, I know, but I kinda wanna know more on the legal standing of abandonware acquisition - abandonware is software not available from the publisher or anywhere on the secondary market (no discs, cartridges, etc).

Merk

Are they really going to get rid of the FDIC? Do they understand that even rumors of it might cause a run on banks? Should I listen to this floating one-eyed yellow triangle guy and buy gold bye???

Molly Jane Cyr

AIUI, FDA could revoke the marketing authorisation for individual drugs, like how the pro-life folks sued to have the approval of mifepristone revoked.

Congress- the opposite of Progress

I agree, that's why I used the specific phrasing "case to be made" though you're right that the code is completely voluntary and thereby toothless.

Congress- the opposite of Progress

Yeah, adderall for ADHD is one of the best scientifically support psychiatric medication uses, like more effective and better understood than SSRIs for depression, but it’s so heavily stigmatized and the DEA wildly over-polices it. I talked about it in an SIO episode a while back, but from the science side, less of the legal side of what the gov is actually allowed to do better.

Jenessa Lynn

Also I know it would be pure speculation, but it might be interesting to look at the last Trump admin's utter failure to follow the APA and the likelihood of any new administrative actions that are completely unsupported by factual evidence from standing up to challenges as part of this review. I can't imagine that RFK ordering DEA to de-schedule ADHD and other meds would actually stand up to factual scrutiny.

Bernese Mountain Dog

This is a really good one! Not for this week but I do think we're going to have to do something more comprehensive on what hhs actually does and what rfk jr can be expected to do

Matt Cameron

The new ethics code is completely non-binding and refers only to what justices "should" do rather than must. So I'd say that there is an extremely persuasive case that he should recuse himself (that we should make) that will be rejected by Thomas and ignored by the rest.

Gmork

What power would RFK Jr. actually have to affect the legality and/or availability of ADHD medications and other controlled substance meds if he’s confirmed head of HHS? He’s not been completely clear about his plans, but he’s extremely negative about the use of these meds. I’m assuming his proposal of putting adderall users into detox camps is probably a bit outside his authority lol

Jenessa Lynn

Not exactly a rapid response topic, but perhaps a quick footnote from the previous episode: Lawrence Lessig mentioned that Leonard Leo is organising the opposition to the Maine campaign finance law. Given the ties between Leo, Harlan Crow, and Ginni Thomas, including undisclosed payments directly from Leo to Ginni Thomas, does that mean there is a case to be made for Clarence Thomas to recuse himself under the new ethics code the Justices unanimously agreed to implement last year?

Congress- the opposite of Progress

Yes! Now that's its basically wrapped up would be great to get a new take on the trial and plea deals. There was also a great short piece in the Dec 23 New Yorker about the guy behind one of the Twitter accounts that was tweeting regular updates

Bernese Mountain Dog

The recently passed Social Security Fairness Act! I’m particularly interested in how this impacts people collecting social security disability. My initial read is that I think this would address the issue of people with disabilities needing to not work “too much”, or accidentally receive funds that get classified as income, or else they risk losing their eligibility. But maybe it’s really specific to just pensions?

Jenessa Lynn

Thoughts on the YSL RICO trial in Georgia.

Robert Fournier

What happens if Republicans can't elect a speaker by Jan 6?

Bernese Mountain Dog

SCOTUS is hearing this case pretty soon - might be an interesting topic for a deep dive on the briefs and oral arguments

Bernese Mountain Dog

Not much to analyze, but Roberts State of the court doing it's annual attribution of blame for the courts shitty reputation on everything except the conduct of the justices.

Gmork

What are your thoughts on the Countering Chinese Drones Act that has been spearheaded by Elise Stefanik in the House? As a professional photographer, film-maker, and videographer, I rely on my DJI drone for a large chunk of my business and work. I can't see how the drones could be a national security threat and they are widely used in a variety of agricultural, municipal, and other businesses. There is not an easy replacement if these drones were to be banned for me, and there are no viable options made in the U.S. that would be comparable to what I can do with my DJI drone. Anyway, any recourse if the ban goes forward? https://apnews.com/article/china-drones-dji-ban-congress-national-security-09a36a619d2d8a5bd15bb9452774b62c

Blue Heron 55

Follow up: does the law directly name Tik Tok, or does it apply to any foreign corporations that have been identified by the executive branch?

YakkoWarner

Does restricting access to TikTok in the U.S. violate the First Amendment? If so, are the national security concerns enough of a compelling interest to satisfy strict scrutiny? Is a ban on TikTok in the U.S. narrowly tailored?

Shad Riley


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