Courting Controversy
Up to now, we’ve focused on exposing the tug-of-war between the legislative and executive branches on who should be making policy. Now the spotlight is on the judicial branch.
The federal courts have been on a roll lately, with rulings on deportations, tariffs, and now antitrust policy (a.k.a. if markets are competitive enough).
Last week, a district judge found that Google is, in fact, a monopolist with its search business. The court cited that from 2014 to 2021, this business grew to more than 10x the size of the nearest competition.
Sounds bad, right? Then why did the stock of Google’s parent company go up by almost 10% after the news broke?
Hereby Highlighted: Antitrust Law
If you try searching for the U.S. v. Google ruling itself, you’ll run into some difficulty. That’s because Google will serve you hundreds of takes, but not the 200+ page opinion. You might also miss Google’s CEO thanking President Trump for his “constructive dialogue” during the year-long process of figuring out a penalty.
That’s the kind of detail we scrape so you don’t have to. Here’s what else we learned:
- The actual text sits on PACER, DocumentCloud, or the DOJ’s own site. That makes it easy to miss the nuance.
- The plaintiff wasn’t Microsoft or another clear competitor; it was a coalition of state attorneys general and eventually the DOJ.
- Almost 200 pages in, the judge explains that a big part of the reason they came short of breaking up Google is because Microsoft didn’t provide enough compelling evidence that Google’s practices did harm.
- The court limited exclusivity deals and ordered Google to share pieces of its index, but stopped short of a breakup. A light touch, in other words.
Meanwhile, in Congress...
This kind of monopolist behavior is exactly what Senator Amy Klobuchar (D-MN) wants to tackle. Her Competition and Antitrust Law Enforcement Reform Act (S. 130) would expand the definition of “exclusionary conduct” (unfair tactics to block competitors and reduce consumer choice), and give the DOJ and FTC more teeth to go after potential monopolists.
Antitrust has always been a dance between old laws and new power. The Sherman Act (1890) and Clayton Act (1914) were written to rein in railroads and oil barons—not search engines and app stores. That mismatch forces courts to stretch century-old statutes to fit digital monopolies.
Klobuchar’s bill? It’s an attempt to close the gap.
Why it matters for you: Updating antitrust isn’t about punishing Big Tech. It’s about ensuring that we, as consumers, have more and better choices. This could mean reshaping the digital platforms you rely on every day—for search, shopping, ads, and even the way news like this reaches you.
Zinger: Shadow Docket, Shadow Play
The Supreme Court may be the highest court in the land, but everyday justice lives in the lower courts. And lately, those judges aren’t holding back. In rulings and speeches, they’ve openly criticized the high court’s “shadow docket” (emergency cases that occur outside the Supreme Court's normally months appeal process).
Did you know that the Constitution only created the Supreme Court? That means, every “inferior” court beneath it was designed by Congress, and could, in theory, be reorganized or even abolished by Congress. In other words: Congress doesn’t just write the laws—if it wanted, it could rewrite the very courts that interpret them.
Here's What Else We're Watching
Shutdown déjà vu. Congress is back and staring down another potential shutdown. The standoff is once again not about spreadsheets, but leverage, as shutdown threats have become a recurring bargaining chip.
Pocket power plays. Trump just pulled a “pocket rescission” to yank back $5B in spending. Translation: he sidestepped Congress’ 45-day review window and grabbed the purse strings himself.
Petitions and pressure. The Epstein files are testing GOP unity with Rep. Thomas Massie’s petition to release the files, advancing. Who signs, who balks—it’s exposing fractures in a party already juggling internal fights.
Trump vs. Chicago. Chicago’s Mayor Brandon Johnson answered Trump’s threats with his own executive order—a local flex using the same policymaking tool presidents wield.
California redraws the map. Gov. Gavin Newsom just signed a redistricting plan designed to counter Texas Republicans’ gerrymander. In other words, one state’s process fight could shape who controls Congress.