
WEEKLY GOOD NEWS ROUNDUP FROM THE FRONT - 3/21/26
Here’s a recap of all of the good things that have happened over the past week or so in our battle to defend our country from the ravages of the current administration, and to turn this ship around!
*Reminder: The full pdfs of all of the documents discussed below are permanently available to Notes from the Front members in the archives here: annepmitchell.substack.com/archive
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JUDGE ORDERS TRUMP TO TURN OVER DOCUMENTS USED TO JUSTIFY "COMPLETE REBUILDING" OF KENNEDY CENTER!
Last Saturday (yes, on the *weekend*) a Federal judge ordered Trump (the named defendant) and the administration to turn over documents that are being used to justify shutting down the Kennedy Center for two years, in order to conduct, and I quote, a "complete rebuilding" of the Kennedy Center. (Full opinion and order included for Notes from the Front members.)
Here's what's going on:
There are two types of trustees on the board of trustees of the Kennedy Center: those that are appointed by the president, and then those which are appointed by the statute creating the Kennedy Center (known as "ex officio" board members). The ex officio board members are designated by *position* (such as the "Mayor of D.C.", etc.), and include seats for Congressional representatives.
Congresswoman Joyce Beatty is a representative from Ohio who fills one of those positions, in other words she is an ex officio member of the Kennedy Center board of trustees.
For the most part, ever since the founding of the Kennedy Center (originally named the National Cultural Center and established in 1958) the ex officio board members have been considered voting members, and have in fact voted on Kennedy Center board business.
That all changed when Trump appointed himself to the board, replaced certain board members, had himself voted chairman, and tried to change the name of the Kennedy Center by adding his name (only Congress can do that).
At the end of a meeting in December, which Beatty was attending remotely, "to Beatty’s surprise, it was announced at the end of the meeting that the Board would vote on whether to add Trump’s name to the Kennedy Center title. Beatty tried to voice her opposition to the announcement, but found herself involuntarily muted." Unable to unmute herself, "The Board took a vote and declared the result “unanimous”: The Center would be renamed."
So on December 22, 2025, Beatty filed a lawsuit challenging the renaming of the Kennedy Center.
But there was another surprise in store for Beatty and others: Trump's announcement on February 1st that he would be closing the Kennedy Center for two years for "complete rebuilding".
Beatty wrote to Trump asking to see the documents on which Trump was relying in order to justify the closure and rebuilding, including, for example, expert reports, contracts, a list of the performance contracts that would be impacted by the closure, etc..
The silence was deafening.
At the end of February Beatty learned from another of the ex officio members that there was to be a special meeting at the White House on March 16 (so, yes, today), to discuss the proposed closure. Beatty hadn't even received an invitation (although later she found it in her spam folder - if the White House would like me to consult to them about deliverability....), and hadn't received any of the requested documents to support the closure and, in any event, had no reason to think that they would not mute her and would not allow her to vote again.
So on March 6th Beatty amended her complaint to also include the proposed closure and rebuild, and the failure to produce the requested documents, and she also filed a request for a temporary restraining order (TRO) regarding the same (also included for Notes from the Front members).
This brings us to Saturday, when Judge Christopher Cooper issued a 37-page opinion and order requiring Trump to cough up the information related to the proposed closure, and to allow Beatty to attend the meeting *and* to be given an opportunity to speak (but *not* necessarily to vote, because the Court found that she would not suffer irreparable harm by not being allowed to vote - irreparable harm is a requirement for a TRO).
That meeting, which is happening right now (or will have just happened, depending on when you read this), will *not* include the final vote, which will, by all accounts, take place behind closed doors at some point in the near future.
COURT ISSUES INJUNCTION AGAINST ADMINISTRATION'S "YOU'VE GOT A NICE SNAP PROGRAM HERE, COLORADO, IT'D BE A SHAME IF ANYTHING HAPPENED TO IT"
This week Federal Court for the District of Colorado issued a preliminary injunction, enjoining the Trump administration from forcing Colorado to take part in a "pilot project" in order to continue to receive certain SNAP funds, and to not be penalized by the withholding of SNAP funds.
This lawsuit, originally filed in October of 2025, actually started out as a lawsuit fighting Trump's efforts to move Space Force out of Colorado. However in January of this year Colorado amended its complaint after receiving a letter advising it that it must comply with a new pilot project related to SNAP. That letter, dated December 17th, 2025, gave Colorado just *30 days* to recertify "all SNAP households in Arapahoe, Adams, Jefferson, Boulder, and Douglas counties," *including* "by accounting for the income and resources of any excluded household members, conducting in-person interviews, and using federal eligibility tools like the improved, cost-free Systematic Alien Verification for Entitlements (SAVE) Program database."
And of course Colorado had to preserve documentation of all of its efforts, and the data associated therewith, the implicit threat being that Colorado could be required to turn over all of that data to the administration.
It then went on to say that "Failure to participate in this pilot project as specified by USDA will trigger noncompliance procedures," could affect Colorado's participation in SNAP, and then *had the cheek* to close with "Thank you for your continued work to help address the needs of vulnerable Americans."
Fortunately, our awesome AG, Phil Weiser, was right on it, and filed an amended complaint to the original Space Force lawsuit, which was a great way to get this issue into the Court quickly, not to mention to bring to the same judge's attention what *else* the administration was pulling.
In a lovely 52-page opinion and order (included for Notes from the Front members along with a copy of the administration's 'pilot project' (code name "Screw Colorado") letter), Judge Jackson snapped right back (see what I did there?) at the administration, granting a preliminary injunction prohibiting the administration from enforcing the pilot project, and also forbidding the administration from "taking any adverse action against Colorado for its refusal to comply with any of the demands of the Recertification Letter."
(Recall that a preliminary injunction is different from an emergency injunction (also known as a temporary restraining order or TRO) in that a preliminary injunction means that the Court has actually held a hearing, heard arguments, and reviewed facts and evidence, prior to issuing the injunction.)
You can read the handwriting on the wall from the opening words of the opinion:
"On December 18, 2025, with no advance warning, Colorado Governor Jared Polis received a one-page letter from an undersecretary at the United States Department of Agriculture (“USDA”) stating that Colorado (“the State”) was being “require[ed]” to participate in a “pilot project” related to the State’s administration of the Supplemental Nutrition Assistance Program (“SNAP”).
The letter is as astonishing as it is brief. Without identifying any specific allegations, it states that, due to nationwide benefits fraud, including “multiple requests [by USDA] to [Colorado] to fulfill its administrative responsibilities,” the State is directed to recertify the eligibility of “all SNAP households” in five of its most populous counties “within 30 days of the receipt of this letter."
And it only gets better from there, culminating in the order:
"For the reasons stated above, Colorado’s Motion for Preliminary Injunction, is hereby GRANTED, and USDA is PRELIMINIARILY ENJOINED from compelling Colorado’s participation in the pilot project or taking any adverse action against Colorado for its refusal to comply with any of the demands of the Recertification Letter.
SO ORDERED this 16 th day of March, 2026."
Oh snap!
COURT STOPS RJK JR.'S NEW IMMUNIZATION SCHEDULE *AND* BLOCKS HIS NEW ACIP MEMBERS AND THEIR VOTES!!
This week Judge Brian Murphy, of the Federal District Court of Massachusetts, *blocked* RFK Jr.'s new "immunization lite" schedule, *retroactively blocked* his appointment of 13 new members to his Advisory Committee on Immunization Practices (ACIP), and in so doing also *blocked* every single vote they had taken, some as far back as the first appointments in September!
("The Court further STAYS all votes taken by the now-stayed ACIP" - OMG I love that *so* much!!)
In a 45-page opinion and order (included for Notes from the Front members), Judge Murphy issues the opening salvo right on the very first page - *by quoting Carl Sagan*!!!!
"“Science,” like law, “is far from a perfect instrument of knowledge.” Carl Sagan, The Demon-Haunted World: Science as a Candle in the Dark 29 (1997). History is littered with once-universal truths that have since come under scrutiny. Nevertheless, science is still “the best we have.”
“Procedure is to law what scientific method is to science.” Although sometimes seemingly tedious, “the procedural rules which have been fashioned from the generality of due process are our best instruments for the distillation and evaluation of essential facts from the conflicting welter of data that life and our adversary methods present.”
”For our public health, Congress and the Executive have built - over decades - an apparatus that marries the rigors of science with the execution and force of the United States government."
You just know that RFK Jr., or at least his legal minions, read that opening bit and thought "Oh no, here comes a spanking."
He then goes on to explain that ACIP was founded in 1964, and for all those years - up until *now* - it had been a force for good, providing expert guidance on immunizations; sound advice based on scientific methods. But that was then, this is now. Says the good judge:
"Unfortunately, the Government has disregarded those methods and thereby undermined the integrity of its actions. First, the Government bypassed ACIP to change the immunization schedules, which is both a technical, procedural failure itself and a strong indication of something more fundamentally problematic: an abandonment of the technical knowledge and expertise embodied by that committee. Second, the Government removed all duly appointed members of ACIP and summarily replaced them without undertaking any of the rigorous screening that had been the hallmark of ACIP member selection for decades. Again, this procedural failure highlights the very reasons why procedures exist and raises a substantial likelihood that the newly appointed ACIP fails to comport with governing law."
It's amazing how well Judge Murphy can convey what he is *actually* thinking through such otherwise dry language!
He then goes through the factual background of the case, including something I hadn't even known: When the American Academy of Pediatrics (AAP) countered the CDC's new immunization schedule by putting out a recommended immunization schedule of their own, RFK Jr. took to social media and *threatened* the AAP with the potential for legal action! (He has learned well at the knee of his president.)
Somewhat humourously (at least if you have a dark sense of humour, as do I), his threat was that they would not be shielded by the Vaccine Injury Act, thus perhaps showing his hand as to part of what is behind the diminution of the recommended vaccines and immunization schedule: perhaps they are trying to *save money* by avoiding paying out compensation through the current National Vaccine Injury Compensation program, through which the Federal government pays compensation to people who are injured by vaccines. (How many of you knew about that? It's been around since 1986, it's one of the government's dirty little secrets.) Of course this is pure conjecture on my part - true, it’s conjecture based on knowledge and education, but conjecture nonetheless.
This opinion is a delight - I highly recommend reading the whole thing (included for Notes from the Front members); I promise it will hearten you and elevate your mood!
COURTS ALL THE WAY UP THE CHAIN TELL TRUMP TO POUND SALT IN HIS LAWSUIT AGAINST CNN!
You may recall that back in 2022 Trump sued CNN for defamation, alleging that by calling his election fraud claims the "Big Lie", along with calling Trump a racist, Russian lackey, and insurrectionist, and comparing him to Hitler, CNN had defamed him. (Notes from the Front members, Trump's actual complaint is included for you and in your inbox now, along with each successive court order. The complaint makes for amusing reading, the court orders make for "Oh yeah, take that!" readings.)
Well, the initial court, the Federal District Court for the Southern District of Florida (!) was the first to tell Trump to pound salt, although Judge Raag Singhal said it in much more judicial language:
"DISMISSED WITH PREJUDICE"
Learn a Little Law with Anne: There are two postures in which a case can be dismissed: without prejudice and with prejudice. Without prejudice means that the plaintiff can try filing the lawsuit again. With prejudice means that the plaintiff *is not allowed to try again*! With prejudice is much less common than without prejudice.
Judge Singhal's 11-page order (again, included for Notes members) sums it up nicely when he says:
"But bad rhetoric is not defamation when it does not include false statements of fact."
And concludes:
"CNN’s statements while repugnant, were not, as a matter of law, defamatory. The case will, therefore, be dismissed with prejudice."
In other words, while CNN may have called Trump racist, etc., those were statements of *opinion*, not statements of fact.
And, as it happens, when one is a public figure, such as is Trump, the bar for finding defamation is even higher than for defamation of a private citizen. In order for someone to be found guilty of defaming a public figure you have to prove not only that they knew that the statement purporting to be fact was actually false - but also that the statement was made intentionally *with malice*.
So, Judge Singhal dismissed Trump's defamation claim against CNN *with prejudice*. That meant that he couldn't bring it again. But he *could*, and did, appeal.
The Court of Appeals *also* told Trump to go pound salt, going through all of Trump's nonsense, point by point, in their 8-page opinion (included for Notes members), with the three judges who reviewed the case concluding with "For all of the above reasons, we AFFIRM the district court’s dismissal of Trump’s complaint."
So guess what Trump did?
He filed a request with that Court of Appeals, asking for an "En Banc" rehearing, meaning he was basically saying "I don't agree with you three Court of Appeals judges, I want a panel of *all* the Court of Appeals judges to rehear the case."
(The number of judges that make up an En Banc hearing depends on which Circuit you are in - in some Circuits it's all of the judges, in others it's a subset of all of the judges, but a greater number than the number of judges who initially reviewed the case. In the 11th Circuit it’s all the judges.)
So here's the thing - in order for there to be an En Banc hearing, one or more *judges* have to request (or sponsor, if you will) the En Banc hearing.
This week the Court of Appeals issued this direct, to the point, "pound salt" to Trump:
"The Petition for Rehearing En Banc is DENIED, no judge in regular active service on the Court having requested that the Court be polled on rehearing En Banc. The Petition for Rehearing En Banc is also treated as a Petition for Rehearing before the panel and is DENIED."
"No judge". Not *one single judge* requested that En Banc rehearing for Trump.
I'm guessing that the language in the White House when he got the news was plenty salty.
JUDGE PUMMELS PENTAGON POLICY PROHIBITING PRESS - VIOLATES 1ST AND 5TH AMENDMENT! (WHAT A WAY TO WRAP THE WEEK!)
(I'm sad that not one single person commented on my alliterative subject line when I originally posted about this. :~( )
You all remember when the Pentagon decided to bar the media from accessing sources at the Pentagon unless they signed a purity test, right? And how the media would only be allowed to quote specific talking points provide to them by the Pentagon. You remember that, right? In fact, I had found the actual memo for you, and shared it with you, complete with where a reporter was supposed to acknowledge it and sign it agreeing with it. (Re-included for Notes from the Front members, in case you missed it the first time.)
Well, in December the New York Times filed a lawsuit over that policy, and today, in *record time*, the Court smacked the Pentagon for violating not one, but *two* bits of our Constitution (the 1st and 5th amendments), and issued a *summary judgement* in favour of the Plaintiffs (the Times)!
(Notes from the Front members: the 40-page opinion and the 4-page order are both included for you along with the Pentagon Memo and the Times' lawsuit complaint.)
In that 40-page opinion Judge Paul Friedman starts out in the very first paragraph:
"A primary purpose of the First Amendment is to enable the press to publish what it will and the public to read what it chooses, free of any official proscription. Those who drafted the First Amendment believed that the nation’s security requires a free press and an informed people and that such security is endangered by governmental suppression of political speech. That principle has preserved the nation’s security for almost 250 years. It must not be abandoned now."
”It must not be abandoned now” - yes indeed!
He then explains that the Times has brought this lawsuit to "defend these principles against overzealous actions by the Secretary of Defense and the Department he leads."
Note: "overzealous actions" in this context is legal jargon for "dick move".
I'm going to make this short because it's Friday evening already, and those of you who are into it will read the opinion (I *highly* recommend it, Judge Friedman is quite free with phrases like "This argument, simply put, is just plain wrong," and "if the defendants themselves equivocate on the Policy’s meaning, how can journalists possibly know what they can and cannot do under its terms?"); in short, the opinion is a treat!
Remember, summary judgement means that the case is over, done with, kaput. No more arguing or introducing evidence. It means that the law and facts are *so* clear that there is *nothing to argue about.* Of course, they can appeal, but that summary judgement is quite the mark against them.
And that’s the good news from the past week!
Remember, if you are a Notes from the Front member *all* of the original source documents (transcripts, orders, and the like) are in the archives here. If you’re not a Notes from the Front member yet, please consider joining us to access all documents, our private chat, our private dropbox, etc.. Plus your $5 a month helps support my efforts grabbing, purchasing, explaining, and storing documents before they can be disappeared (much of which I have to pay for out of my own pocket): You can cancel any time. Join here
Until next time, this is me, reporting from the front line of the battle to save the soul of our country.
Anne
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Anne P. Mitchell, Esq.
Internet Law & Policy Attorney, Legislative Advisor
Author: Section 6 of the Federal CAN-SPAM Act
CEO Institute for Social Internet Public Policy
Author: Notes from the Front
Dean Emeritus, Cyberlaw & Cybersecurity, Lincoln Law School
Prof. Emeritus, Lincoln Law School
Chair Emeritus, Asilomar Microcomputer Workshop

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