Legal New for Thurs 10/24 - Wisconsin MyVote Lawsuit, Trade Groups Challenge Click-to-Cancel Rule, FL Wants to Investigate Assassination Attempt and Trump's Tariff Plan is Historically Bad

Minimum Competence

This Day in Legal History: United Nations Charter Comes into Force

On October 24, 1945, United Nations Day marked the formal establishment of the United Nations (UN) as the UN Charter officially came into force. The Charter had been signed a few months earlier on June 26, 1945, in San Francisco by 50 countries, laying the foundation for an international organization dedicated to peace, security, and cooperation among nations. The creation of the UN was a direct response to the devastation of World War II, with the goal of preventing future conflicts and fostering global collaboration.

The UN Charter outlines the organization's purposes, principles, and structure. Its preamble emphasizes the need to save succeeding generations from war, reaffirm fundamental human rights, and promote social progress and better standards of life. The Charter established six principal organs, including the General Assembly, Security Council, International Court of Justice, and Secretariat, each with specific roles in maintaining international peace and security. Chapter VII of the Charter granted the Security Council significant powers to address threats to peace, including authorizing the use of force.

United Nations Day has since been celebrated annually to honor the organization's ongoing work in diplomacy, humanitarian efforts, and human rights advocacy. The day also highlights the importance of international cooperation in addressing global challenges, from conflict resolution to climate change.

A lawsuit filed in Wisconsin two weeks before the 2024 presidential election highlights cybersecurity issues with the state's MyVote portal, which allows users to register and request absentee ballots online. The suit argues that the website lacks adequate security, leaving it vulnerable to unauthorized access and data breaches. The plaintiffs want the site taken down until it undergoes a redesign and testing. They cited a 2022 case where someone fraudulently requested absentee ballots using minimal personal information.

Experts, however, find the timing problematic, as implementing a comprehensive security audit and fixes could take months, making it impossible to resolve before Election Day. Despite these concerns, some believe the state's current systems are sufficient to catch and prevent fraudulent votes. The suit underscores broader identification and authentication challenges across industries, which are struggling with securing user identities. The case raises critical questions about how to balance election security with practical constraints.

Wisconsin MyVote Website Suit Puts Focus on Authentication Woes

Several trade associations have challenged the U.S. Federal Trade Commission's (FTC) final "click-to-cancel" rule, which aims to make it easier for consumers to cancel subscriptions. The rule requires businesses to provide a simple and straightforward way to withdraw from subscription services and to disclose the terms of signing up clearly. The Electronic Security Association, Interactive Advertising Bureau, NCTA, and others filed petitions in the Fifth and Eleventh Circuit Courts of Appeals, seeking to vacate the rule. They argue that the rule imposes excessive regulatory burdens across industries, potentially affecting over a billion paid subscriptions in the U.S.

The "click-to-cancel" rule was introduced in response to consumer complaints about difficult-to-cancel recurring subscriptions. In 2024, the FTC averaged 70 consumer complaints per day regarding such practices. The rule, which the FTC finalized after receiving over 16,000 public comments, is intended to protect consumers from deceptive subscription practices by making the cancellation process as easy as signing up.

Trade groups challenging the rule claim it is arbitrary and that it will create costly regulatory obligations for businesses. They argue the rule overreaches by attempting to regulate all consumer contracts involving subscriptions, regardless of the businesses' existing disclosure practices.

The "click-to-cancel" initiative hopes to curb "subscription traps," where businesses make it difficult for consumers to end services, thus preventing recurring charges without their consent. By simplifying the process, the FTC aims to foster transparency and fairness in subscription services across industries.

Trade Associations Challenge FTC's Final Click-to-Cancel Rule

Florida has filed a lawsuit against the U.S. Department of Justice (DOJ), claiming the federal government is unlawfully obstructing its investigation into an assassination attempt on Donald Trump. Florida Attorney General Ashley Moody's lawsuit seeks to stop the DOJ from blocking the state's probe into the incident, which occurred at Trump’s Florida golf course. The DOJ argues that federal law (18 U.S.C. § 351(f)) gives it sole jurisdiction over assassination attempts against presidential candidates, which led the FBI to instruct Florida law enforcement to suspend its investigation.

Florida, however, claims this interpretation of the law violates the Tenth Amendment, which protects state sovereignty. The state argues that § 351(f) does not bar its investigation and that preventing Florida from investigating would be unconstitutional. The lawsuit asks for a ruling allowing Florida to continue its investigation or declare the statute unconstitutional as applied in this case. The alleged gunman, Ryan Routh, has already been federally indicted for attempted assassination. The DOJ has not commented on the lawsuit.

Florida Says DOJ Is Blocking Their Trump Assassination Probe (1)

In a piece I wrote for Forbes, I explore the detrimental impact of Trump's proposed 20% tariff on all imported goods, drawing parallels to the economic struggles caused by tariffs in the late 19th century. Tariffs, I argue, are regressive taxes that disproportionately affect lower-income households by raising prices without adjusting for income. For example, a 20% tariff on electronics would hurt low-income families far more than wealthier ones.

While tariffs aim to protect domestic industries, they often fail if no domestic alternative exists, merely increasing costs for consumers. A study shows Trump's tariffs could raise the price of laptops by 46% and smartphones by 26%. The burden of tariffs falls on the countries that impose them, not on exporting nations, which could lead to significant economic strain—an estimated $3.9 trillion cost to U.S. consumers.

Historically, high tariffs contributed to economic downturns like the Panic of 1893, and similar policies today risk sparking trade wars and further damaging the economy. Tariffs do little to stimulate domestic industries or protect consumers and should not replace progressive tax policies.

Trump’s Tariffs Would Cost Trillions—And We Learned This A Century Ago

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