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Minimum Competence

Andrew and Gina Leahey

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Minimum Competence is your daily companion for legal news, designed to bring you up to speed on the day’s major legal stories during your commute home. Each episode is short, clear, and informative—just enough to make you minimally competent on the key developments in law, policy, and regulation. Whether you’re a lawyer, law student, journalist, or just legal-curious, you’ll get a smart summary without the fluff. A full transcript of each episode is available via the companion newsletter at ...
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This Day in Legal History: Judiciary Act of 1789 On September 24, 1789, Congress passed the Judiciary Act of 1789, formally titled An Act to Establish the Judicial Courts of the United States. This foundational statute created the structure of the federal judiciary as we know it today, establishing a three-tiered court system consisting of district…
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This Day in Legal History: Little Rock Nine On September 23, 1957, nine African American students, later known as the Little Rock Nine, were barred from entering Central High School in Little Rock, Arkansas, despite a federal court order mandating desegregation. This confrontation became a pivotal moment in the civil rights movement and a key test …
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This Day in Legal History: Eight Executed for Witchcraft in Massachusetts On September 22, 1692, eight individuals—six women and two men—were executed for witchcraft in Salem, Massachusetts, marking the final hangings of the infamous Salem Witch Trials. Among the condemned were Martha Corey, Mary Easty, Alice Parker, Mary Parker, Ann Pudeator, Wilm…
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This Day in Legal History: Lord Haw-Haw Sentenced On September 19, 1945, William Joyce—infamously known as “Lord Haw-Haw”—was sentenced to death by a British court for high treason. Joyce had gained notoriety during World War II for broadcasting Nazi propaganda over German radio to British audiences, aiming to demoralize Allied troops and civilians…
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This Day in Legal History: Fugitive Slave Act On September 18, 1850, President Millard Fillmore signed the Fugitive Slave Act into law, intensifying the national divide over slavery. As part of the Compromise of 1850, the law mandated that all escaped enslaved individuals, upon capture, be returned to their enslavers and that officials and citizens…
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This Day in Legal History: Treaty of Fort Pitt On September 17, 1778, the Treaty of Fort Pitt—also known as the Treaty of Fort Pitt or the Delaware Treaty—was signed between the newly independent United States and the Lenape (Delaware) Nation. It was the first formal treaty between the United States and a Native American tribe, signaling an allianc…
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This Day in Legal History: Final Draft of the US Constitution Engrossed On September 16, 1787, the final draft of the United States Constitution was signed by the Constitutional Convention delegates in Philadelphia. Although the official signing date was September 17, the 16th was the day the finished document was ordered to be engrossed — meaning …
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This Day in Legal History: Nuremberg Laws Enacted On this day in legal history, September 15, 1935, Nazi Germany enacted the Nuremberg Laws, codifying one of the most infamous legal frameworks of racial discrimination and hate in modern history. Announced at the annual Nazi Party rally in Nuremberg, these laws included the Law for the Protection of…
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This Day in Legal History: SCOTUS Rejects Challenge to Brown On September 12, 1958, the U.S. Supreme Court issued a unanimous decision in Cooper v. Aaron, firmly rejecting a challenge by the State of Arkansas to the enforcement of Brown v. Board of Education. In the wake of Brown, which declared racial segregation in public schools unconstitutional…
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This Day in Legal History: Certiorari Granted in Windsor On September 11, 2012, the U.S. Department of Justice filed a petition for certiorari in United States v. Windsor, setting the stage for one of the most consequential civil rights decisions of the decade. The case challenged Section 3 of the Defense of Marriage Act (DOMA), which defined marri…
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This Day in Legal History: Sewing Machine Patent On this day in legal history, September 10, 1846, Elias Howe was granted U.S. Patent No. 3640 for his invention of the lockstitch sewing machine. Though not the first to envision mechanical sewing, Howe’s design was the first to successfully automate stitching in a way that was both efficient and com…
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This Day in Legal History: A. Lincoln Admitted to Bar On September 9, 1836, Abraham Lincoln was licensed to practice law by the Illinois Supreme Court, setting in motion a legal and political career that would ultimately reshape American history. At the time, Lincoln was a 27-year-old former store clerk and self-taught frontier intellectual, with n…
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This Day in Legal History: Ford Grants Nixon Pardon On September 8, 1974, President Gerald R. Ford granted a full and unconditional pardon to former President Richard M. Nixon for any crimes he may have committed while in office, specifically those related to the Watergate scandal. The announcement came just one month after Nixon resigned in disgra…
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This Day in Legal History: First Continental Congress On September 5, 1774, the First Continental Congress convened in Philadelphia, marking a critical early step toward American independence. Delegates from twelve of the thirteen colonies—Georgia being the sole exception—gathered at Carpenters’ Hall to coordinate a colonial response to the "Intole…
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This Day in Legal History: Little Rock Nine On September 4, 1957, a constitutional crisis unfolded in Little Rock, Arkansas, when Governor Orval Faubus ordered the Arkansas National Guard to block nine Black students—known as the “Little Rock Nine”—from entering Central High School. This came after the U.S. Supreme Court’s landmark decision in Brow…
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This Day in Legal History: Frederick Douglass Escapes Slavery On this day in legal history, September 3, 1838, Frederick Douglass escaped from slavery, setting in motion a life that would fundamentally reshape American legal and political thought. Disguised as a free Black sailor, Douglass boarded a train in Baltimore and made his way north to free…
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This Day in Legal History: George Wallace Calls out the Alabama National Guard On September 2, 1963, Alabama Governor George Wallace once again attempted to defy federal court orders mandating school integration, this time at Tuskegee High School. Just months after his infamous “Stand in the Schoolhouse Door” to block Black students from enrolling …
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This Day in Legal History: John Locke Born On August 29, 1632, John Locke was born in Wrington, England. A foundational figure in political philosophy, Locke’s ideas on government, natural rights, and property would come to shape the ideological core of liberal democracies. His “Two Treatises of Government” advanced the notion that legitimate gover…
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This Day in Legal History: Alabama Ten commandments Monument On August 28, 2003, the Supreme Court of Alabama removed a 5,280-pound granite monument of the Ten Commandments from the rotunda of the state courthouse in Montgomery. The monument had been installed two years earlier by Chief Justice Roy Moore, who argued it reflected the moral foundatio…
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This Day in Legal History: Constitutional Convention–Article III On August 27, 1787, the delegates to the Constitutional Convention in Philadelphia turned their attention to the judiciary. Debates centered on what would become Article III, particularly the scope of judicial power. The Convention approved language stating that federal judicial power…
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This Day in Legal History: Nineteenth Amendment Certified On this day in legal history, August 26, 1920, the Nineteenth Amendment to the U.S. Constitution was formally certified by Secretary of State Bainbridge Colby, granting women the right to vote nationwide. The certification marked the culmination of a nearly century-long struggle led by suffr…
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This Day in Legal History: Organic Act Establishes the National Park Service On August 25, 1916, President Woodrow Wilson signed the Organic Act, formally establishing the National Park Service (NPS) as a federal bureau within the Department of the Interior. This act marked a foundational moment in U.S. environmental and administrative law, as it c…
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This Day in Legal History: Personal Responsibility and Work Opportunity Reconciliation Act On August 22, 1996, President Bill Clinton signed the Personal Responsibility and Work Opportunity Reconciliation Act into law, reshaping the American welfare system in ways that continue to spark debate. Billed as a way to "end welfare as we know it," the la…
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This Day in Legal History: ABA Formed On August 21, 1878, 75 lawyers convened in Saratoga Springs, New York, and formally established the American Bar Association (ABA). Their shared aim was to advance the “science of jurisprudence,” promote uniform legislation, strengthen justice administration, uphold the profession’s honor, and encourage collegi…
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This Day in Legal History: Economic Opportunity Act On August 20, 1964, President Lyndon B. Johnson signed the Economic Opportunity Act into law, marking a major legal milestone in the federal government’s efforts to address systemic poverty. The Act authorized $1 billion to fund a wide range of social programs aimed at improving education, employm…
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This Day in Legal History: Salem Witchcraft Executions On August 19, 1692, five individuals—George Burroughs, John Proctor, George Jacobs Sr., John Willard, and Martha Carrier—were executed by hanging in Salem, Massachusetts, after being convicted of witchcraft. These executions occurred during the height of the infamous Salem witch trials, a dark …
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This Day in Legal History: Nineteenth Amendment Ratified On August 18, 1920, the Nineteenth Amendment to the U.S. Constitution was ratified, guaranteeing women the right to vote and marking a major legal milestone in the struggle for gender equality. The amendment states simply: “The right of citizens of the United States to vote shall not be denie…
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This Day in Legal History: Starve or Sell On August 15, 1876, the United States Congress passed a coercive measure aimed at forcing the Sioux Nation to relinquish their sacred lands in the Black Hills of present-day South Dakota. Known informally as the "starve or sell" bill, the legislation declared that no further federal appropriations would be …
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This Day in Legal History: Social Security Act On August 14, 1935, President Franklin D. Roosevelt signed the Social Security Act into law, establishing the foundation of the modern American welfare state. The legislation was a centerpiece of Roosevelt’s New Deal and aimed to address the widespread economic insecurity caused by the Great Depression…
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This Day in Legal History: East German Border Sealed On August 13, 1961, the East German government abruptly sealed the border between East and West Berlin, cutting off one of the last open crossings between the Eastern Bloc and the West. Overnight, streets were blocked, barbed wire unrolled, and armed guards posted, turning neighbors into stranger…
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This Day in Legal History: Japanese PM Convicted of Accepting Bribes On August 12, 1983, former Japanese Prime Minister Tanaka Kakuei was convicted of accepting bribes from the American defense contractor Lockheed Corporation in one of Japan’s most notorious political scandals. Tanaka, who served as prime minister from 1972 to 1974, was found guilt…
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This Day in Legal History: First SCOTUS Decision On August 11, 1792, the United States Supreme Court issued its first reported decision in Georgia v. Brailsford. The case arose from the complex aftermath of the Revolutionary War, when questions about debts owed to British creditors came before the new federal judiciary. The State of Georgia had ena…
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This Day in Legal History: Expansion of US House of Representatives On August 8, 1911, President William Howard Taft signed into law a measure that permanently expanded the size of the U.S. House of Representatives from 391 to 433 members. This change followed the 1910 census, which revealed significant population growth and shifts in where America…
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This Day in Legal History: Gulf of Tonkin Resolution On August 7, 1964, the U.S. Congress passed the Gulf of Tonkin Resolution, dramatically reshaping the legal landscape of American military engagement. Prompted by reports—later disputed—of North Vietnamese attacks on the USS Maddox in the Gulf of Tonkin, the resolution granted President Lyndon B.…
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This Day in Legal History: Voting Rights Act On August 6, 1965, President Lyndon B. Johnson signed the Voting Rights Act into law, marking a pivotal moment in American legal and civil rights history. The legislation aimed to enforce the Fifteenth Amendment by prohibiting racial discrimination in voting, especially in the southern states where such …
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This Day in Legal History: Reagan Fires Air Traffic Controllers On August 5, 1981, President Ronald Reagan followed through on a warning to striking air traffic controllers by initiating the dismissal of over 11,000 of them. The controllers, members of the Professional Air Traffic Controllers Organization (PATCO), had walked off the job on August 3…
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This Day in Legal History: Switzerland’s Federal Charter On August 1, 1291, the seeds of what would become modern Switzerland were planted with the signing of the Federal Charter, or Bundesbrief, by the cantons of Uri, Schwyz, and Unterwalden. This wasn’t the dramatic formation of a nation-state as we think of it today—it was three rural Alpine com…
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This Day in Legal History: Patent Office Opened On this day in legal history, July 31, 1790, the United States issued its first patent under the newly created Patent Act of 1790. The inaugural patent was granted to Samuel Hopkins of Vermont for a process of making potash, an essential industrial chemical used in soap and fertilizer production. Sign…
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This Day in Legal History: Medicare and Medicaid Signed into Being On July 30, 1965, President Lyndon B. Johnson signed the Social Security Amendments of 1965 into law, creating the Medicare and Medicaid programs. The signing took place at the Truman Library in Independence, Missouri, with former President Harry S. Truman—an early advocate for nati…
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This Day in Legal History: Eisenhower Signs Act Creating NASA On July 29, 1958, President Dwight D. Eisenhower signed the National Aeronautics and Space Act into law, officially creating NASA. The legislation emerged in response to growing Cold War tensions and the Soviet Union’s launch of Sputnik the previous year. It marked a pivotal shift in U.S…
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This Day in Legal History: Fourteenth Amendment Ratified On July 28, 1868, the Fourteenth Amendment to the United States Constitution was officially adopted, reshaping the legal and constitutional landscape of the nation. Ratified in the wake of the Civil War, it was one of the Reconstruction Amendments designed to integrate formerly enslaved peopl…
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This Day in Legal History: National Security Act of 1947 On this day in legal history, July 25, 1947, Congress passed the National Security Act of 1947, fundamentally reshaping the American national security infrastructure in the wake of World War II. The legislation created a unified framework to coordinate defense and intelligence operations, aim…
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This Day in Legal History: Apollo 11 On July 24, 1969, the Apollo 11 mission concluded when astronauts Neil Armstrong, Buzz Aldrin, and Michael Collins safely splashed down in the Pacific Ocean, returning from the first successful lunar landing. While the event was widely celebrated as a scientific and political triumph, it also raised an unexpecte…
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This Day in Legal History: Grant Dies On July 23, 1885, Ulysses S. Grant—former president and Union general—died of throat cancer at age 63. While honored as a national hero, Grant spent his final years in financial ruin due to a high-profile fraud scandal. He had invested heavily in a Wall Street brokerage firm, Grant & Ward, run in part by his so…
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This Day in Legal History: Jane Matilda Bolin Appointed to Bench On this day in 1939, Jane Matilda Bolin shattered a historic barrier when she was appointed by New York City Mayor Fiorello LaGuardia as a judge of the city's Domestic Relations Court. With that appointment, Bolin became the first Black woman to serve as a judge in the United States. …
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This Day in Legal History: Liberation of Guam On July 21, 1944, U.S. forces began the liberation of Guam, a pivotal campaign in the Pacific Theater during World War II. The island, a U.S. territory since 1898, had been under Japanese occupation since December 1941. The American recapture of Guam not only had military significance but also triggered…
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This Day in Legal History: Narcotic Control Act On July 18, 1956, the Narcotic Control Act was signed into law, marking a significant escalation in the United States' punitive approach to drug policy. The act built upon earlier federal narcotics legislation but went much further in increasing criminal penalties and tightening government control ove…
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This Day in Legal History: Second Confiscation Act On July 17, 1862, President Abraham Lincoln signed the Second Confiscation Act into law, dramatically expanding federal wartime powers during the Civil War. Building on a more limited first version passed in 1861, the new act authorized the seizure of property—particularly land and slaves—from indi…
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This Day in Legal History: Residence Act On July 16, 1790, the U.S. Congress passed the Residence Act, establishing the District of Columbia as the permanent seat of the federal government. The decision was the product of a political compromise between Alexander Hamilton and Thomas Jefferson, brokered in part by James Madison, whereby southern stat…
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This Day in Legal History: “A Friend of the Constitution” On July 15, 1819, Chief Justice John Marshall took the unusual step of anonymously defending one of the most consequential Supreme Court decisions in American history—McCulloch v. Maryland. Writing under the pseudonym A Friend of the Constitution, Marshall authored a series of essays publish…
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