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Culture War Roundup for the week of January 26, 2026

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((It's not clear that the sticker-price is something being seriously argued, rather than an opening-bid. It's a... very aggressive argument, and being independent from actual damages that would normally make it more desirable probably makes it less interesting as a final action for Trump, who definitely puts "I was right" as a high value.))

Courts do independently bring in external lawyers to support a legal brief, though the actual legal (and financial!) authorization to do so is very unclear. I'd expect that at a minimum.

Courts have an independent duty to consider standing, and defendants (and plaintiffs) can't wave that, even if they wanted. Only would clearly help with overtly pretextual lawsuits, though, which isn't really the case, here. There's an adversity doctrine argument against collusive lawsuits, but it's an incredible reach to apply it here.

(Defendants can waive statute of limitations concerns in some cases)

Settlements have to be evaluated by the courts to be 'real' settlements. That's historically been held more in theory than in practice, given the cy pres abuse back in the Obama era, but it could and likely would be brought here. On the gripping hand, you don't need a 'real' settlement to have a court case go away, or a lot of money to change hands.

In theory, anyone with an IRS balance is being harmed by a massive giveaway, but courts have universally rejected taxpayer standing, and with good reason. The House, with the power of the purse, does have legislative standing in a lot of cases and might have it in face of a large giveaway -- but individual legislators might not, and there's a lot of messiness about how they could argue about the facts. And, ultimately, there's a 'you and who's army' problem.

On the gripping hand, the courts might well just move so slowly that someone else is the President by the time it gets anywhere.

not clear that the sticker-price is something being seriously argued, rather than an opening-bid. It's a... very aggressive argument

Sometimes I feel like I might be the only person on the planet who slogged through The Art of the Deal. This has been Trump's negotiating MO for decades at this point - the only real difference is that this time it's in a court house and not a conference room.

The door-in-the-face negotiation tactic is maybe the oldest in the book, and Trump seems to think it’s the most brilliant thing ever. Perhaps he’s right, judging by how many people still don’t seem to notice when he’s using it.