Legal News for Fri 6/20 - EU Leniency for Apple and Meta, Trump's Hold on National Guard Reinforced, TACOs on TikTok Ban
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This Day in Legal History: Atkins v. Virginia
On June 20, 2002, the U.S. Supreme Court delivered a landmark ruling in Atkins v. Virginia, holding that the execution of individuals with intellectual disabilities violates the Eighth Amendment's prohibition on cruel and unusual punishment. The case centered on Daryl Renard Atkins, who was convicted of abduction, armed robbery, and capital murder in Virginia. During the penalty phase of his trial, defense attorneys presented evidence that Atkins had an IQ of 59 and functioned at the level of a child. Despite this, he was sentenced to death.
In a 6-3 decision, the Court reversed its earlier stance from Penry v. Lynaugh (1989), which had allowed such executions. Justice John Paul Stevens, writing for the majority, emphasized the "evolving standards of decency" in American society, noting that a growing number of states had barred the death penalty for individuals with intellectual disabilities. The Court recognized that such defendants are at a heightened risk of wrongful execution due to difficulties in assisting their own defense and the possibility of false confessions.
The decision did not establish a national standard for determining intellectual disability, leaving that to the states, but it set a constitutional floor by barring executions in these cases outright. Atkins significantly reshaped the legal landscape of capital punishment, prompting states to revise death penalty statutes and sentencing procedures.
The ruling reinforced the importance of individualized sentencing and safeguarded vulnerable populations from the most severe penalties. It also underscored the role of psychological and scientific evidence in constitutional interpretation. While not without criticism, Atkins remains a cornerstone of Eighth Amendment jurisprudence and a key moment in the Court’s ongoing reevaluation of capital punishment.
Technology giants Apple and Meta are currently facing possible penalties under the EU’s Digital Markets Act (DMA), but the European Commission has decided not to immediately fine them—even if they don’t fully comply by the deadline next week.
In April, both companies were fined—€500 million for Apple and €200 million for Meta—and given 60 days (ending 26 June) to align their practices with DMA requirements. Apple was penalized for preventing app developers from directing users to alternatives outside its platform, infringing DMA fairness rules. Meta was fined for its “pay or consent” system, which required users to either pay for an ad-free experience or agree to extensive personal data use; the Commission saw this as limiting user choice.
Since November 2024, Meta has offered a new, lower-data personalized advertising model, which remains under Commission review. The current situation involves ongoing dialogue: any future fines will depend on the outcome of that review and will be imposed only after detailed assessments, rather than automatically once the deadline passed.
These April fines were deliberately modest—reflecting the short duration of non-compliance and signaling the EU’s priority on achieving compliance over punishment, marking a softer approach compared to previous, harsher antitrust actions. The situation also plays into broader economic tensions: EU leaders have threatened digital advertising taxes in response to recent US tariffs, while a US trade report criticized EU digital regulation as a trade barrier.
Tech giants Apple and Meta to escape sanctions for failing to meet EU digital rules | Euronews
A U.S. appeals court has temporarily allowed Donald Trump to retain control over California’s National Guard, despite a legal challenge from California Governor Gavin Newsom. The decision from the 9th U.S. Circuit Court of Appeals pauses an earlier ruling by Judge Charles Breyer, who found Trump had unlawfully federalized the Guard without meeting statutory requirements or adequately coordinating with Newsom.
The court stated Trump likely acted within his authority and that even if coordination with the governor was insufficient, Newsom lacked the power to override a presidential order. Still, the court left open the possibility of further challenges under laws barring federal troops from engaging in domestic law enforcement. Newsom plans to pursue his challenge, arguing Trump is misusing military force against civilians.
The case stems from Trump’s deployment of 4,000 National Guard troops and 700 U.S. Marines to Los Angeles earlier in June to suppress protests tied to his immigration policies—actions Newsom said infringed on state sovereignty and legal limits on military involvement in civilian matters. The Trump administration argued troops are protecting federal property, not performing law enforcement.
During a hearing, the appellate judges examined whether courts can assess a president's decision to federalize troops under a law allowing such moves only during invasion, rebellion, or when civilian enforcement fails. The court found the last condition may have applied, given protest-related violence. However, it rejected the Justice Department’s claim that such presidential decisions are beyond judicial review.
The Insurrection Act and related federalization authority are central to this case. The Act allows a president to take control of a state’s National Guard in limited situations—such as rebellion or when laws can’t be enforced by normal means. This case illustrates both the expansive view of executive power and the judiciary’s role in checking it, even amid claims of national emergency.
US court lets Trump keep control of California National Guard for now
President Trump has once again extended the deadline for TikTok to be sold to a U.S. owner, granting a third 90-day reprieve through an executive order despite lacking a clear legal basis for the extensions. The move allows TikTok to continue operating in the U.S. while negotiations persist to transfer ownership from China-based ByteDance to an American entity. The previous extension fell through when China withdrew from talks following Trump’s new tariffs.
This delay has not yet faced a court challenge, even though the original ban—passed by Congress and upheld by the Supreme Court—briefly took effect in January. Trump’s personal popularity on the platform, where he has more than 15 million followers, adds a political twist to the ongoing negotiations. TikTok praised the decision and emphasized its importance to 170 million users and 7.5 million U.S. businesses.
Despite concerns from national security officials and lawmakers like Senator Mark Warner, who accuse the administration of ignoring known risks, the repeated extensions suggest a softening of resolve. Analysts describe the situation as a recurring political maneuver with no clear endpoint—likening it to the endless debates over the debt ceiling.
Meanwhile, TikTok continues to roll out new features and expand its services, including AI tools debuted in Cannes, signaling confidence in its long-term U.S. presence. Tech giants Apple, Google, and Oracle remain engaged with TikTok, reassured that the administration won’t penalize them under current law.
Public opinion has shifted, with fewer Americans now supporting a ban compared to 2023. Concerns remain over data privacy, but many citizens are unsure or opposed to banning the app outright.
Trump extends TikTok ban deadline for a third time, without clear legal basis
This week’s closing theme is by Johann Sebastian Bach.
Johann Sebastian Bach, one of the most influential composers in Western music history, composed the Goldberg Variations, BWV 988, in 1741. Originally written for harpsichord, the work consists of an aria followed by 30 variations, returning to the aria at the end in a da capo structure. It was likely commissioned by Count Hermann Karl von Keyserlingk, a Russian diplomat suffering from insomnia, who wanted music to soothe his sleepless nights—though this origin story is debated.
The aria, which opens and closes the piece, is a gentle, sarabande-like melody in G major. Unlike other variation sets built on melodies, Bach bases the Goldberg Variations on the aria’s bass line and harmonic structure. This allows for extraordinary variety in texture, form, and mood across the variations, while keeping a consistent foundation.
The aria itself is simple and elegant, consisting of two balanced halves, each repeated. Its serene tone contrasts with the technical brilliance and contrapuntal complexity found in many of the following variations. Yet, the aria’s emotional restraint and clarity set the tone for the entire cycle.
Over the centuries, the Goldberg Variations have come to be seen as a pinnacle of keyboard composition. The aria, both opening and closing the work, serves as a kind of spiritual bookend—calm, contemplative, and timeless. Performers often approach it with reverence, as a moment of stillness and symmetry amid musical adventure.
Without further ado, Johann Sebastian Bach’s Goldberg Variations, BMV 988 – the aria. Enjoy!
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