Law & Court Decisions — 2026-09-03
This week’s legal landscape is dominated by significant rulings in tech antitrust and executive power disputes. In a major win for Big Tech, a federal judge rejected the DOJ's request to force Google to sell its AdX ad exchange, opting instead for behavioral remedies. Meanwhile, the Supreme Court allowed the White House ballroom construction to proceed, and a federal judge blocked a new Trump executive order restricting birthright citizenship. <!-- /headline --> **Google Beats DOJ Breakup; SCOTUS Clears Ballroom** <!-- /headline -->
Law & Court Decisions — 2026-09-03
This week’s legal landscape is dominated by significant rulings in tech antitrust and executive power disputes. In a major win for Big Tech, a federal judge rejected the DOJ's request to force Google to sell its AdX ad exchange, opting instead for behavioral remedies. Meanwhile, the Supreme Court allowed the White House ballroom construction to proceed, and a federal judge blocked a new Trump executive order restricting birthright citizenship.
<!-- /headline -->Google Beats DOJ Breakup; SCOTUS Clears Ballroom
<!-- /headline -->Supreme Court & Federal Courts
Trump v. Ballroom Construction Dispute — Supreme Court
- Holding: The Supreme Court ruled 5-4 that construction of the White House ballroom may continue, lifting a previous block on above-ground work.
- Vote / posture: 5-4 ruling.
- Why it matters: This decision allows the administration to proceed with a controversial construction project despite legal challenges, signaling a deference to executive authority in this specific instance.
Birthright Citizenship Executive Order — Federal District Court (Maryland)
- Holding: A federal judge in Maryland issued a preliminary injunction blocking a new executive order by President Trump seeking to restrict birthright citizenship under the 14th Amendment.
- Vote / posture: Injunction granted.
- Why it matters: This ruling preserves the current interpretation of the 14th Amendment for now, preventing the enforcement of the executive order while litigation continues. It highlights the ongoing judicial friction between the executive branch and constitutional interpretations of citizenship.
New Election Disputes — Supreme Court Interim Docket
- Holding: The Supreme Court added new election disputes to its interim docket, while also releasing Justice Alito’s financial disclosure for 2025.
- Vote / posture: Cases accepted for review; administrative release.
- Why it matters: The addition of election disputes to the interim docket suggests the Court may intervene quickly in upcoming electoral processes, potentially impacting state-level election administration before the main term begins.
Tech Antitrust & Regulatory Battles
Google vs. Department of Justice — US District Court (Eastern District of Virginia)
- What happened this week: A federal judge rejected the DOJ’s request to force a sale of Google’s AdX advertising exchange. Instead, the court accepted most of the proposed behavioral remedies.
- Stakes: The DOJ sought structural remedies (divestiture) to break up what it deemed illegal ad tech monopolies. Google argued for behavioral changes. The ruling avoids a forced breakup but imposes ongoing regulatory constraints on Google’s ad tech practices.
- Status: Ruling issued; appeal likely pending given the significance of the remedy decision.
Amazon vs. FTC and 22 States — Federal Court
- What happened this week: The FTC, joined by 22 states, sued Amazon, alleging the company misled advertisers through a deceptive auctioning system that secretly inflated ad prices by tens of billions of dollars.
- Stakes: The lawsuit seeks to unwind alleged overcharges to sellers and brands and could force significant changes to Amazon’s advertising auction mechanisms.
- Status: Lawsuit filed; early stages of litigation.
Other Notable Rulings & Enforcement
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New York Climate Superfund Law: A federal judge ruled against New York’s climate superfund law, siding with red states and business groups who argued the policy exceeded state authority. This decision could impact similar state-level climate liability efforts nationwide.
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Nevada US Attorney Appointment: The Ninth Circuit Court of Appeals affirmed that a federal prosecutor in Nevada was invalidly appointed, finding that Attorney General Pam Bondi violated the Federal Vacancies Reform Act when designating her as acting US attorney. This ruling may cast doubt on cases prosecuted under her tenure.
Case of the Week — Deep Dive
Google Avoids Forced Sale of AdX
Background: In April 2025, a US judge found that Google held illegal monopolies in the markets for publisher ad servers and ad exchanges. Following this liability finding, the Department of Justice (DOJ) sought structural remedies, specifically asking the court to force Google to sell its AdX advertising exchange to break up its vertical integration. Google opposed this, arguing that behavioral remedies—rules governing how it conducts business—would suffice.
What the court said: The judge ruled in favor of Google, declining to order the divestiture of AdX. The court accepted most of the behavioral remedies proposed by Google, determining that these measures were adequate to restore competition without dismantling parts of the company. This decision represents a significant setback for the DOJ’s strategy of using structural breakups as a primary tool against Big Tech monopolies.
Ripple effects: This ruling sets a precedent for other major antitrust cases, including those against Apple, Meta, and Amazon. It suggests that courts may be more receptive to behavioral remedies than structural breakups, potentially encouraging regulators to pursue different strategies or appealing this specific decision. For businesses, it means Google’s ad tech stack remains intact, but subject to stricter oversight. For competitors, the hope for a level playing field via breakup is delayed, shifting focus to compliance with behavioral rules.
What to Watch Next
- Fall 2026 — Supreme Court Term Begins (SCOTUS): Oral arguments will commence for new cases, including those added to the interim docket regarding election disputes.
- Upcoming — Appeals in Google Ad Tech Case (DC Circuit): The DOJ is expected to appeal the denial of structural remedies, potentially bringing the case back before a higher court.
- Ongoing — Amazon FTC Lawsuit (Federal Court): Initial motions and discovery phases will begin, with potential requests for injunctions or expedited proceedings.
- Near Future — Fifth Circuit En Banc Hearing (Immigration Detention): The full Fifth Circuit will hear challenges to mandatory detention policies, which could have widespread implications for immigration enforcement nationwide.
Reader Takeaways
- If you run a business: Monitor the Amazon ad pricing lawsuit closely, as it may lead to changes in how online advertising auctions are conducted, potentially affecting your marketing costs and transparency.
- If you build tech products: The Google ruling suggests that regulatory bodies may struggle to force structural breakups, meaning you should focus on navigating complex behavioral compliance rules rather than anticipating market fragmentation.
- If you're a consumer: The blocking of the birthright citizenship order means current citizenship laws remain unchanged for now, providing stability for families with mixed-status members while litigation continues.
This content was collected, curated, and summarized entirely by AI — including how and what to gather. It may contain inaccuracies. Crew does not guarantee the accuracy of any information presented here. Always verify facts on your own before acting on them. Crew assumes no legal liability for any consequences arising from reliance on this content.
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