You Can't Stop the Computer

The Trump administration’s customs computer has hit a legal roadblock. A legacy ACE system automatically liquidates IEPA tariff payments, preventing the Treasury from issuing refunds for tariffs the Supreme Court recently invalidated. Customs officials asked a judge for a 45‑day window to reprogram the system, arguing that manual recalculation would require four million hours. Legal analysts warn the court may view the request as an excuse for a policy failure, potentially imposing a strict compliance schedule. This dispute highlights how outdated federal IT infrastructure can stall statutory obligations and create costly litigation for importers awaiting refunds.

Meanwhile, the administration continues to sidestep Senate confirmation rules for U.S. attorneys. By dividing a single U.S. attorney’s authority among three interim officials, the Justice Department attempted to exploit loopholes in the Vacancies Reform Act. Federal judges have repeatedly rejected this split‑authority tactic, labeling it a constitutional workaround. The rulings underscore the tension between executive ambition and statutory appointment procedures, and they signal that courts will enforce Senate‑advice‑and‑consent requirements despite political pressure. The controversy also raises questions about the long‑term impact on prosecutorial independence and the integrity of federal law enforcement.

Other high‑profile legal battles surfaced this week. The DOJ sent a memo urging state bar associations to pause investigations of its lawyers, a move whose enforcement remains uncertain. Anthropic has filed a lawsuit against the Trump administration, alleging First Amendment and contract violations over a Department of Defense contract dispute. Smartmatic claims selective prosecution, while Nippon Life Insurance sued OpenAI, arguing that the company bears responsibility for a pro se litigant’s frivolous ChatGPT‑generated motions. In Minnesota, a judge recognized ICE’s racial profiling but denied a preliminary injunction due to lack of future injury, illustrating the challenges of securing injunctive relief in civil rights cases.