Versus Trump

Trump
legal
law

Why All The Court-Jumping?

Thu Dec 13 2018 (37:50)

On this week's episode of Versus Trump,Easha and Jason discuss theTrump Administration's fondness for Court-hopping: that is, taking matters directly to the Supreme Court without waiting for the usual appellate process to conclude.Jason and Easha first discuss the inside baseball of the way appeals normally work, which leads them to a discussion of cert. before judgment—that is, when the Supreme Court takes a case before it's hadthe normalappellate review, which usually means two levels. They th ...

Versus Whitaker, In-Depth

Thu Dec 06 2018 (52:23)

On this week's episode of Versus Trump, the gang is re-united, and they discuss the Supreme Court motion contending that Matthew Whitaker was not legally appointed as Acting Attorney General.Jason, Easha, and Charlie finally get a chance to do a three-person pod, and they use it to discussMichaels v. Whitaker (or Rosenstein?). In this case, a Supreme Court petitioner has filed a motion to substitute Deputy AG Rod Rosenstein as Acting Attorney Generalinstead ofMatthew Whitaker, whom Trump designa ...

Asylum Ain't Easy, but This Case Is

Thu Nov 29 2018 (39:59)

Versus Trumpis a podcast where we discuss how the Trump Administration is breaking the law, and what peopleare doing about it. Listen in the player below or directly onPippa, and subscribeherewith any podcast player orherein iTunes.Versus Trumpishosted byJason Harrow,Easha Anand, andCharlie Gerstein. You can listen to previous episodes, and access archived show notes,here. And you can buy t-shirts and other goods with our super-cool logohere.On this week's episode, Easha and Charlie discuss a re ...

Versus Trump: Trump Versus Jim Acosta

Thu Nov 22 2018 (40:28)

On this week's episode ofVersusTrump, Easha and Charlie talk about the Trump administration's revocation of Jim Acosta's "hard pass," the press credential that allows White House correspondents to enter the press room unescorted. As usual, you can listen online below, and subscribeviathis pagewith any podcast player orherein iTunes.The two start with the saga of the lawsuit, which went in front of a district court judge before the Trump administration capitulated. They talk about whether there's ...

Versus Whitaker

Thu Nov 15 2018 (14:07)

On this week's episode ofVersusTrump, Jasonhas a solo episode wherehe talks about a motion by Maryland contending that Matthew Whitaker was not legally appointed as Acting Attorney General.Because of work and vacations, Jason is flying solo this week. He soldiers on by giving his thoughts about the appointment of Matthew Whitaker as Acting AG and the new motion by Maryland contending the appointment is illegal. (After the episode taped, thegovernment released a legal opinion on Whitaker's appoin ...

Trump The Racketeer

Thu Nov 01 2018 (47:59)

On this week's episode ofVersusTrump, Jason and Charlie talk about a new lawsuitalleging that Trump and his children were part of a racketeering enterprise that engaged in fraud in connection with their supposed endorsement of a multi-level marketing operation. (Disclosure: Joshua Matz, the publisher ofTake Care, is among the counsel to the Plaintiffs in this suit. We chose this topic without consulting Joshua, and the hosts had no involvement in the lawsuit.)They start the conversation by discu ...

This week, Jason and Charlie talk about a new lawsuit by a group of journalists (filed by the legal group Protect Democracy) that hopes to stop President Trump from threateningadverse government action against those who criticize him.They start the conversation by discussing the background of the claims in the creative new lawsuit. The suit lists several adverse actions the President has taken against those people who have offered what he views as negative coverage of him—for instance, potential ...

Trump Wins One Versus Stormy

Thu Oct 18 2018 (49:03)

On this week's episode ofVersusTrump, Jason and Charlie talk about the recent decision that dismissed Stormy Daniels' defamation lawsuit against the President. They start the conversation by discussing the background of thedefamation lawsuit, which was brought after the President tweeted "A sketch years later about a nonexistent man. A total con job, playing the fake news media for fools (but they know it)!"After clearing some nasty procedural weeds, they explain Anti-SLAPP motions and discuss t ...

N.Y. Versus Wilbur Ross

Thu Oct 11 2018 (52:00)

On this week's episode ofVersusTrump, Jason and Charlie talk about thefight over Commerce Secretary Wilbur Ross's potential testimony in an important lawsuit over the census. They start the conversation by discussing the background of the high-profile lawsuit by New York and other states over the addition of a question about citizenship status on the census. This brings them to why Commerce Secretary Wilbur Ross has been ordered to testify—basically, because his reasons for adding the question a ...

Trump Versus Net Neutrality

Thu Oct 04 2018 (39:48)

On this week's episode ofVersusTrump, Jason and Charlie talk about the Trump Administration's lawsuit against California that would block California's new net neutrality law from going into effect.They start the conversation by discussingwhat net neutrality is and what the Obama Administration did in 2015 to put net neutrality rules into effect. They then discuss the Trump Administration's 2018 repeal of the Obama rules, which lead to California's attempt to reinstate the Obama-era rules at the ...

Versus Trump: The Unique Manafort Plea

Thu Sep 27 2018 (45:06)

On this week's episode ofVersusTrump, Jason and Charlie talk about pardons, Double Jeopardy, forfeiture, and the Manafort guilty plea. They also weigh in on the Kavanaugh developments and what would happen if Rosenstein were fired. They start the conversation by discussing the details of Paul Manafort's guilty plea. Charlie then answers a lot of Jason's questions about why Manafort might have entered into the deal, what he gave up, and what might happen if Manafort were pardoned. They then discu ...

On this week's episode ofVersusTrump, Jason and Charlie speak with Earthjustice Vice President Drew Caputo to get an update on environmental litigation against the Trump Administration. They start the conversation by talking about Earthjustice's work and about why the organization has 105 cases—and counting—against the Trump Administration. They then dive into a few specific cases Earthjustice is working on: litigation regarding Trump's removal of land from two national momuments in Utah (now pe ...

The Power's Out. Literally.

Thu Sep 13 2018 (05:55)

On this week's episode ofVersusTrump, Jason gives a quick update on a case we're watching and then signs off, because, well, in the middle of recording this week's episode, Charlie's power went out. But we'll be back next week with a full show.You canfind us at@VersusTrumpPodon twitter, or send us an email at versustrumppodcast@gmail.com. You can buy t-shirts and other goods with our super-cool logohere.NotesThe Sixth Circuit's decison in the case determining whether Trump could be held liable f ...

How Bad Is It?

Thu Sep 06 2018 (39:42)

On this week's episode ofVersusTrump, Jason and Charlie ask the question that so many of us ask frequently: how bad is the Trump Administration? Is it better or worse than we should have expected back on election night in 2016?Jason starts theepisode by laying out the questions for discussion:from the perspective of one who tends to lean Democratic, how bad is the Trump Administration? Is Trump better or worse than a generic Republican president would have been? And what role have the Versus Tru ...

A Two-Level Versus Trump Case

Thu Aug 30 2018 (40:20)

On this week's episode ofVersusTrump, Jason and Charlie talk about a case that fits our podcast on two levels: it's a lawsuit against the Trump Administration about grand jury secrecy, and any decision could impact the Mueller investigation, which is the biggest Versus Trump case of them all.The two start the discussion by going back over 50 years to the unsolved disappearance of Columbia University Professor Jesus Galindez. No one was ever charged or convicted of any crime, but a grand jury was ...

Versus Trump: Trump Versus Facebook

Thu Aug 23 2018 (46:11)

On this week's episode ofVersusTrump, Jason and Charlietalk about an unusual and surprising case where the Trump Administration has filed a brief in support of fair housing advocates who have sued Facebook for its part inenablingdiscriminatory advertising.The two start the discussion by briefly explaining Facebook's data collection and advertising practices and the way that they allegedly fun afoul of strict provisions preventing discriminatory housing advertisements. They then discuss the Trump ...

SABOTAGE!!

Thu Aug 16 2018 (51:53)

On this week's episode ofVersusTrump, Jason and Charlie begin their run of shows with Easha on leave and discuss a fascinating new lawsuit contending that the Trump Administration is unconstitutionally "sabotaging" the Affordable Care Act as a whole.Jasonstarts the discussion by explaining the case ofCity of Columbus v. Trump, which was brought by several cities and individuals who contend that the Aministration's actions over the last several years amount to an unconstitutional sabotage of a la ...

Versus Plastic Guns

Thu Aug 09 2018 (50:36)

On this week's episode ofVersusTrump, Jason, Charlie, and Easha—in her last episode for several months—discussthe fast-moving lawsuit by states against the Trump Administration and Cody Wilson seeking to block distribution of plans for 3D-printed guns.Charliestarts the discussion by explaning the background of the dispute, which actually dates back several years toa lawsuit broughtby Wilson, the would-be distributor of these plans, against the Obama Administration. The Obama Administration succe ...

Trump Versus ALJs?

Thu Aug 02 2018 (42:21)

This week, Jason and Easha discuss a newexecutive order and accompanying guidance by the Trump Administration that dramatically change the rules for hiring Administrative Law Judges (ALJs) across the entire federal government.Eashastarts the discussion by explaning the background of the federal bureaucracy, what role ALJs play, and why that role has changed after the Supreme Court's recent decision inLucia v. SEC. They then discuss the Trump Administration's response toLucia, which, taken as a w ...

SALT In The Wounds

Thu Jul 26 2018 (48:17)

On this week's episode ofVersusTrump, Jason, Charlie, and Easha discuss a new lawsuit by four blue states contending that the new cap on deducting state and local taxes—passed as part of the 2017 tax bill—is unconstitutional.Charliestarts the discussion by explaning the background of the federal treatment of state and local taxes, and what the new tax law changed. They then discuss the legal claims by the states, which fall into a few different buckets. First, does the law violate the original u ...

Versus The Trump Foundation

Thu Jul 19 2018 (46:59)

On this week's episode ofVersusTrump, Jason and Charlie discuss the New York Attorney General's petition to dissolve the Trump Foundation and ban President Trump and his children from serving as directors of charities in the future. They then do somea hit on the new Mueller indictment. Jasonstarts the discussion by explaning Trump's non-profit Foundation, the role of states in regulating non-profits, and the rock-solid evidence produced by the New York Attorney General that, for many years up to ...

Kavanaugh's Coming, Plus Updates

Thu Jul 12 2018 (36:56)

On this week's episode ofVersusTrump, Jason, Charlie, and Easha discuss the retirement of Justice Kennedy and how his presumptive replacement may rule in Versus Trump cases. They then do some quick hits to update a handful of important cases. Charlie starts the discussion bymentioning an unconfirmed report that Justice Kennedy had been in contact with the Trump Administration before his retirement and perhaps had even been assured that Judge Kavanaugh would be nominated to replace him. Jason the ...

Texas and Trump Versus the ACA

Thu Jul 05 2018 (48:31)

This week, Jason, Charlie, and Easha are back with a regular episode to discuss a stunning recent development inTexas v. United States, a case by Texas seeking to invalidate the Affordable Care Act (Obamacare). Last month, the Trump Administration not only agreed with Texas that the individual mandate is unconstitutional, but it also told the district court that the requirement to cover everyone with a pre-existing condition on the same terms ashealthy folksshould be struck down as well.Easha st ...

Versus Mueller

Thu Jun 28 2018 (45:23)

After two special interview episodes ofVersusTrump, Jason and Charlie get back to the usual format and talk about the leaked Dowd memo arguing that President should not be required to sit for an interview with the Special Counsel.Jason andCharlie start the discussion witha summary of the Dowd memo, which was written in January by the President's lawyer and explains why thePresident need not sit for an interview with the Special Counsel. Jason and Charlie discuss a legal error in the definition o ...

On this week's episode ofVersus Trump, Jason talks about the past, present, and future of impeachment with Joshua Matz. Joshua is the publisher ofTake Careand the co-author, with Laurence Tribe, of the acclaimed new bookTo End a Presidency: The Power of Impeachment.Jason and Joshuastart the discussion with the history of impeachment, and Joshua explains why the Framers permitted impeaching the President in the first place. They then discusswhat impeachable offenses are, and Joshua explains why h ...

On this week's special live episode ofVersus Trump, Easha, Charlie, and Jason share the stage at the ACS National Convention in Washington, DC with Maryland Attorney General Brian Frosh and Stanford Law's Pamela Karlan.They discussed several important cases brought by states against the Trump Administration as well as the broader federalism issues presented by Democratic Attorneys General being involved in so many lawsuits against the federal government. As usual, you can listen online below, an ...

ACS Live Show Preview + Twitter Update

Thu Jun 07 2018 (38:23)

This week, Easha and Jason preview their live show at the ACS National Convention and then discuss the recent decision concluding that President Trump violated the First Amendment when he blocked seven Twitter users from responding to his tweets.They start the episode by previewing their live episode, which will take place on Saturday, June 9, at the ACS Convention in Washington, DC. With special guestsMaryland Attorney GeneralBrian Froshand Stanford Law Professor and former Obama Administration ...

An Immigration Omnibus

Thu May 31 2018 (44:24)

This week, Easha, Charlie, and Jason discuss recent important cases in the world of immigration, including a new lawsuit contending that the Trump Administration may not pursue its apparent policy of legally separating immigrant children from adults that they enter the country with.They start thediscussion bydetailing a new case filed by the ACLU calledMrs. L. v. ICE. The case, filed in San Diego, contends that the Trump Administration's apparentpolicy of separating families who present themselv ...

The Fiduciary Rule Comes And Goes

Thu May 24 2018 (41:50)

On this week's episode ofVersus Trump, Easha, Charlie, and Jason discuss the Fifth Circuit's recent decision striking down the so-called "Fiduciary Rule" that would have required those who sell retirement investment products in 401(k) plans to act in the best interests of their clients.As usual, you can listen online below, and subscribeviathis pagewith any podcast player orherein iTunes.They start the episode by discussing how Congress has regulated the management of retirement accounts, and th ...

This week, Easha, Charlie, and Jason discuss a series of recent rulings that have stopped the Trump Administration from revoking federal grants to entities that have been working to reduce teen pregnancy.They start the episode by discussing the creation of the Teen Pregnancy Prevention Program in 2010, and then they explain how the Trump Administration last summer stopped renewing grants that were supposed to last until 2020. They then analyze the recent rulings that have found the Trump Adminis ...

So, What's New?

Thu May 10 2018 (34:43)

On this week's episode ofVersus Trump, Easha and Jason reveal their big announcement: we're doing our first ever live show! We'll be on stage on the afternoon of Saturday, June 9, at the ACS National Convention in Washington, DC. After that excitement, they get into a handful of updates about cases about auto emissions, HUD programs, the ban on military service by transgender individuals, and more.First things first: we'll be live and on stage at the ACS National Convention on the afternoon Satu ...

The Great Marijuana Debate

Thu May 03 2018 (51:44)

This week, Easha, Charlie, and Jason continue their investigation of the relationship between federal and state law bydebating the Trump Administration's reversal of Obama-era guidance about marijuana enforcement.The three start the conversation with arecap of the law with respect to recreational marijuana. While possession, sale, and distribution of the drug is illegal under federal law, several states now have in place comprehensive regimes permitting the sale and regulation of marijuana for r ...

Trump Versus California

Thu Apr 26 2018 (58:02)

This week, Easha, Charlie, and Jason discuss the Trump Administration's lawsuit against California. The lawsuitseeks to preventthe state from enforcing three new state laws that the federal government says will undermine enforcement of immigration law.The three start the conversation with asummaryof the law of federal preemption, which provides that federal laws must trump—no pun intended—conflicting state laws. They then proceed to analyze each law at issue. The first California statute, which ...

Ona newepisode ofVersus Trump, we bring you a podcast version of the speech thatTake Carepublisher Joshua Matz gave at Harvard Law School on April 3, 2018. The talk, titled"The Legal Resistance to Trump," describes themes, achievements, and limitations of various lawsuits challenging the Trump Administration and its policies. Joshua's forthcoming book, which is co-written with Laurence Tribe, is calledTo End a Presidency: The Power of Impeachment, and it will be released on May 15.As usual, you ...

Movin' Right Along

Thu Apr 12 2018 (44:19)

In this week's episode,Jason andCharlierevisit two lawsuits in whichthe Plaintiffs have recently successfully fought off motions to dismiss and been allowed to proceed. And in a new installment of "Sanctions Corner with Uncle Charlie," Charlie answers questions about the FBI raid on the office of Trump lawyer Michael Cohen.Jason andCharlie start the discussion by discussingDC and Maryland v. Trump, an Emoluments Clause case. They discuss the district court's recent decision holding that the stat ...

The Citizenship Question

Thu Apr 05 2018 (46:10)

Ona newepisode ofVersus Trump, Jason and Easha discuss lawsuits challenging the Trump Administration's decision to ask a question about citizenship on the 2020 census. Jason and Easha start the discussion by explaining the purpose of the decennial Census and the history of the Census Bureau's collecting information about citizenship. They then discuss how and when the Trump Administration decided to add a question about citizenship on the next Census, and they explain why the addition of this qu ...

Ona newepisode ofVersus Trump, Jason talks to Rick Hasen, a leading election law scholar and purveyor of theElection Law Blog, about what's going on at the voting booth, possible campaign finance law violations by both Trump and Clinton in the 2016 cycle, and Justice Scalia, who is the subject of Rick's new book,The Justice of Contradictions: Antonin Scalia and the Politics of Disruption.Jason and Rick start the discussion by looking at this Administration's record on voting rights, including it ...

This week, Easha and Charlie take a quick gander at Donald Trump's proposal to seek the death penalty for drug dealers.For starters, Easha and Charlie walk through what the Constitution has to say about imposing the death penalty (hint: surprisingly little). They then explain the concepts of felony murder and conspiracy, two theories under which a drug dealer might be found guilty of murder. Charlie gives a quick overview of what the federal death penalty statute already authorizes, and they con ...

Versus David Dennison

Thu Mar 15 2018 (41:26)

Ona newepisode ofVersus Trump, Easha, Jason, and Charliediscuss do a near-live episode about Stormy Daniels' lawsuit against David Dennison—we mean, Donald Trump.They start the episode by summarizing Daniels' unusual lawsuit, which asks a court toinvalidate a non-disclosure agreement that she signed in October of 2016 that is supposed to prevent her from talking about an alleged affair between her and Trump.Daniels claims that the agreement is invalid, both because it was never signed by Preside ...

California Versus The Wall

Fri Mar 09 2018 (56:07)

Easha, Jason, and Charliediscuss a recent district court opinion that rejected California's challenge to the Trump Administration's expedited border wall projects in California.They start the episode by discussing the boringly-named but legally-interestingopinion inIn Re: Border Infrastructure Environmental Litigation. As they explain, the plaintiffs in this case are California and several environmental groups, and all have challenged the Trump Administration's waiver of state and federal enviro ...

Russia Check-In

Thu Mar 01 2018 (40:56)

Ona newepisode ofVersus Trump, Easha, Jason, and Charlie check back in with the most politically charged of all Versus Trump suits: the Russia investigation. They start the episode with some commentary on the case of Alex Van Der Zwaan, the former Skadden Arps associate who pleaded guilty to a charge of lying to the FBI. That leads to a discussion of conspiracy liability, why the charges are being brought in the way they have been, and how strange it is to charge a law firm associate with lying ...

On a new episode of Versus Trump, Easha, Jason, a…

On a new episode of Versus Trump, Easha, Jason, and Charlie discuss what's going on in courts related to gun regulation. They start the episode by describing Giffords Law Center v. ATF and related cases, which are Freedom of Information Act suits requesting records of DOJ and ATF that might reveal how coordinated the Trump Administration has been with the NRA and other pro-gun interests. They then wonder whether the suits might really move the needle of our policy discussions. The episode then ...

Are Medicaid Work Requirements Legal?

Thu Feb 15 2018 (56:15)

On a new episode of Versus Trump, Easha and Jason…

On a new episode of Versus Trump, Easha and Jason discuss a new lawsuit challenging the Trump Administration's approval of Kentucky's new rules for its Medicaid program. The new rules will require some Medicaid recipients to work 20 hours per week to receive health benefits, and they also impose other novel requirements. Jason and Easha start with the basics: What is Medicaid, how do the states and the federal government interact, and what do states need to receive approval to deviate from the ...

The House Versus The FBI

Thu Feb 08 2018 (49:25)

On the latest episode of Versus Trump, Charlie an…

On the latest episode of Versus Trump, Charlie and Easha talk all things Russia investigation (or tangentially Russia investigation)—the Nunes #meh-mo, the fallout therefrom, and whether Trump will be interviewed by the Special Counsel. Charlie and Easha start with the basics: What is FISA, and how did the Department of Justice get a warrant to listen in on Carter Page's communications? They go through the flaws in the Nunes memo, but they conclude that even if the Nunes memo had been 100% accu ...

Is There A Freedom To Say Goodbye?

Thu Feb 01 2018 (43:15)

On a new episode of Versus Trump, Charlie and Jas…

On a new episode of Versus Trump, Charlie and Jason discuss an unexpected recent opinion that held that Ravi Ragbir, an immigration activist and alien subject to deportation, had the "freedom to say goodbye" before he could be removed from this country. Charlie and Jason begin by discussing Ragbir's background and the nature of his immigration case, and they focus on the events of January 11, 2018, when Ragbir was taken into custody and put on a plane to be removed from the country with no spe ...

Suing To Stop A Shrinking Staircase

Thu Jan 25 2018 (43:09)

On a new episode of Versus Trump, Easha and Jason…

On a new episode of Versus Trump, Easha and Jason discuss several lawsuits filed over President Trump's recent Proclamation that substantially cuts the size of two National Monuments: Bears Ears National Monument and Grand Staircase-Escalante, both in Utah. They begin the discussion by discussing what national monuments are, how they can be designated under the Anitiquities Act of 1906, and how the President decided to shrink the boundaries of these two national monuments. They discuss the arg ...

DACA's Back!

Thu Jan 18 2018 (56:27)

On a new episode of Versus Trump, Easha, Jason, a…

On a new episode of Versus Trump, Easha, Jason, and Charlie discuss the big decision that forced the Trump Administration to restart the DACA immigration program. They begin the discussion by summarizing the lawsuit over the revocation of DACA. They then to turn four buckets of issues in the district court's two opinions. For buckets one and two, they discuss whether DACA is a decision that is "committed to agency discretion" or whether it's a broad policy, and then they delve into the Adminis ...

Manafort Sues, and Trump Threatens To

Thu Jan 11 2018 (58:27)

On a new episode of Versus Trump, Jason, Easha, a…

On a new episode of Versus Trump, Jason, Easha, and Charlie tackle an unexpected new lawsuit against the Trump Administration by, of all people, former campaign chair Paul Manafort. And they discuss the President's threats to sue the publisher of Fire and Fury for defamation. They begin the discussion by summarizing the Manafort v. DOJ lawsuit. While everyone agrees it's an unusual and likely meritless lawsuit, Jason wonders why more people aren't a little bit more sympathetic to a novel attem ...

2017 Scorecard

Thu Jan 04 2018 (52:42)

On the first episode of Versus Trump of 2018, Jas…

On the first episode of Versus Trump of 2018, Jason and Charlie look back at Versus Trump cases in 2017 and score them as Administration wins, losses, or not-yet-decided. They also look ahead at big issues to come in 2018. Charlie and Jason begin the discussion by evaluating the cases that fall in the "big case" bucket: litigation involving the Muslim Ban, the Emoluments Clause, military service by transgender people, the revised contraceptive mandate, and the attempt to revoke funding from san ...

Judges of Christmas Future

Thu Dec 21 2017 (50:10)

On this week’s Versus Trump holiday spectacular, …

On this week’s Versus Trump holiday spectacular, it's all judges, all the time. Charlie, Jason, and Easha take a closer look at a number of the President's judicial nominees—confirmed, pending, and withdrawn—to examine what might happen to Versus Trump cases in years to come. Charlie, Easha, and Jason begin the discussion with a quick overview of the structure of the federal court system and talk about the importance of Trump's nominations to the Court of Appeals and District Court. Charlie the ...

#MeToo Versus Trump

Thu Dec 14 2017 (54:53)

On this week’s episode of Versus Trump, Charlie, …

On this week’s episode of Versus Trump, Charlie, Jason, and Easha talk about a defamation lawsuit brought by Summer Zervos, a woman who alleges that she was sexually assaulted by President Trump in a hotel room in 2007. Charlie, Easha, and Jason begin by discussing the facts in the lawsuit and then [at 5:00] quickly move to the first reason that President Trump has asked the court in New York to dismiss the case: the sitting President cannot be sued in state court. That leads to some deep cuts ...

On this week’s episode of Versus Trump, Charlie, …

On this week’s episode of Versus Trump, Charlie, Jason, and Easha are joined by Take Care publisher Joshua Matz to talk about the Masterpiece Cake Shop oral argument, plus the status of Muslim Ban litigation and the future of Take Care. On Tuesday, the Supreme Court heard argument in the Masterpiece Cake Shop case, which presents the question of whether a baker in Colorado may refuse to create a wedding cake for a same-sex wedding even though Colorado prohibits retailers from discriminating on ...

On this week’s episode of Versus Trump, Charlie h…

On this week’s episode of Versus Trump, Charlie has an interview with antitrust expert Lina Khan, Director of Legal Policy of the Open Markets Institute, about the lawsuit filed by the Trump Administration to block the proposed AT&T/Time Warner merger. Charlie and Lina first discuss the background of antitrust law and the mechanics of how the Department of Justice reviews mergers for antitrust concerns. Lina then explains the difference between vertical and horizontal mergers and explains why ...

On this week’s episode of Versus Trump, Jason and…

On this week’s episode of Versus Trump, Jason and Charlie discuss a new lawsuit that forces courts to answer the question of whether the federal government needs a warrant to search people's cell phones and other electronic devices at the border, and they also [at 32:30] respond to a discussion on the Supreme Court podcast First Mondays regarding the government's recent filing in the Hargan v. Garza abortion case. First, Jason and Charlie tackle border searches of cell phones and laptops by dis ...

Updates, Y'all!

Thu Nov 09 2017 (42:09)

You want updates, so we've got updates! We begi…

You want updates, so we've got updates! We begin [at 1:50] with the very unusual goings-on in a case everyone thought was over: the Jane Doe litigation over access to abortion while in immigration detention, a case now called Hargan v. Garza. We then turn [at 13:00] to litigation involving the ban on military service by transgender individuals. Next up [at 21:00]: the Muslim Ban, which is now on version 3.0. After that, [at 25:00] we turn to deeper cuts, and update you on the progress of a law ...

On this week’s episode of Versus Trump, Jason, Ch…

On this week’s episode of Versus Trump, Jason, Charlie, and special guest Professor David Sklansky discuss the first shoe to drop from the Mueller investigation: the indictment of Paul Manafort and Rick Gates, and the guilty plea of George Papadopoulos. We begin [at 2:00] by describing the legal charges and the key factual takeaways from the charging documents. We're then [at 11:00] joined by Stanford Law Professor and former federal prosecutor David Sklansky to go in-depth on several key issu ...

Emergency Pod: JD v. DHS

Thu Oct 26 2017 (48:31)

On today's episode, Easha and Charlie discuss an …

On today's episode, Easha and Charlie discuss an ongoing—wait, just now resolved—case filed by a pregnant 17-year-old girl in federal immigration custody who seeks an abortion. Easha and Charlie first talk about the procedural wrangling that this case has wrought and second about the legal claims in the case, which bring them into the exciting worlds of reproductive rights, immigration law, and international relations. Listen now!

Pardon Our Tone

Thu Oct 19 2017 (45:14)

On this week’s episode of Versus Trump, Easha, Ja…

On this week’s episode of Versus Trump, Easha, Jason, and Charlie discuss the President's pardon of Sheriff Joe Arpaio and the (so far unsuccessful) legal challenge to that pardon. The discussion begins with a quick discussion of why Arpaio was charged with criminal contempt in the first place, and how several outside organizations are trying to contest the validity of the pardon by asking the district court not to dismiss the case against Arpaio. Easha then [at 6:00] gives us an overview of th ...

The Contraception Mandate Challenges

Thu Oct 12 2017 (45:53)

On this week’s episode of Versus Trump, Easha and…

On this week’s episode of Versus Trump, Easha and Jason discuss the Administration's drastic expansion of the number of companies that may now offer health insurance that does not cover birth control, as well as several lawsuits that were immediately filed challenging these new regulations. The discussion begins with a recap of the new interim final rules, which both greatly expand an existing, narrow exemption for religious organizations and also permit employers to exempt themselves from cov ...

So, Can California Really Do That?

Thu Oct 05 2017 (48:43)

On this week’s episode of Versus Trump, Charlie a…

On this week’s episode of Versus Trump, Charlie and Jason discuss a recently-passed bill awaiting the signature of California Governor Jerry Brown that, if signed into law, would require presidential candidates to disclose five years of federal of tax returns in order to appear on the ballot in California. The discussion begins with an explanation [at 3:00] of the California bill, SB 149. Charlie and Jason then [at 5:00] get into the meager caselaw in this area, which centers around whether st ...

[This Episode Blocked]

Thu Sep 28 2017 (47:55)

On this week’s episode of Versus Trump, Easha, Ja…

On this week’s episode of Versus Trump, Easha, Jason, and Charlie dive into the merits of a lawsuit brought by Twitter users who have been blocked by @realDonaldTrump. They claim the President's blocking violates the First Amendment. The episode begins with an explanation of the case, including what the plaintiffs said on Twitter to get themselves blocked, what the effects of the President's Twitter block are, and the general rules of the road under the First Amendment. We then [at 16:00] dive ...

The FOIA Spectacular!

Thu Sep 21 2017 (38:49)

On this week’s episode of Versus Trump, Easha and…

On this week’s episode of Versus Trump, Easha and Charlie discuss all things FOIA—that is, the Freedom of Information Act. The episode begins with some background on the way FOIA works, including some necessary information about who can file requests for information and what government records must be turned over to inquiring citizens. Charlie and Easha then [at 7:00] give some background on two recent FOIA cases asking for information from the Trump Administration: the first requesting visitor ...

Keeping the DREAM Alive

Wed Sep 13 2017 (42:27)

On this week’s episode of Versus Trump, Jason and…

On this week’s episode of Versus Trump, Jason and Charlie discuss President Trump’s revocation of the DACA (Deferred Action for Childhood Arrivals) program and a lawsuit filed by several state attorneys general against the revocation. We begin with some background on the DACA program—including a back and forth [at 6:45] on whether DACA was valid in the first place (a subject we revisit later on [at 18:05]). Then we discuss the specifics of Trump’s order [at 8:29], and get right into the lawsuit ...

Versus DeVos (Re-Air)

Thu Sep 07 2017 (38:23)

On this week’s encore episode of Versus Trump, we…

On this week’s encore episode of Versus Trump, we welcome the start of the school year by re-airing Jason's interview with Toby Merrill, the director of the Project on Predatory Student Lending at Harvard Law School, about several lawsuits she's involved with against newly-confirmed Secretary of Education Betsy DeVos. We'll be back soon with new episodes. We start our interview with a discussion of what for-profit colleges are and the problem Toby's Clinic is designed to solve. We then [at 11:0 ...

Waking Dreamhost

Thu Aug 31 2017 (39:15)

On this week’s episode of Versus Trump, we talk a…

On this week’s episode of Versus Trump, we talk about web-hosting company Dreamhost's refusal to cooperate fully with the Trump Administration's broad request for information about the visitors to DisruptJ20.org, a website allegedly used by those involved in an Inauguration Day riot. We begin the episode [at 2:00] by discussing the background of the case. Over 200 people were charged in connection with an Inauguration Day riot in Washington, D.C., and, during the investigation, the U.S. Attorn ...

Trump vs. The CFPB

Thu Aug 24 2017 (39:46)

On this week’s episode of Versus Trump, Jason and…

On this week’s episode of Versus Trump, Jason and Charlie talk about the Trump Administration's position in a lawsuit contending that the structure of the Consumer Financial Protection Bureau—commonly known as the CFPB—is unconstitutional, because its sole director does not serve at the pleasure of the President but instead serves a set term and can be terminated only for-cause. We begin the episode [at 2:00] by explaining what the CFPB does and how it's structured as an independent agency wit ...

The Voting Wars (Marc Elias Interview)

Thu Aug 17 2017 (40:12)

On this week’s episode of Versus Trump, we have a…

On this week’s episode of Versus Trump, we have an interview about voting laws and litigation with former Hillary for America General Counsel and current voting rights superlawyer Marc Elias. First [at 2:00], Charlie and Marc discuss what it's like to deal with litigation while on a political campaign or from within the government. They then move on [at 7:00] to a discussion of the big legal issues of the 2018 campaign season, including litigation over a variety of recent measures that have rest ...

Versus Trump Quick Hits

Thu Aug 10 2017 (20:02)

On this week’s episode of Versus Trump, we bring …

On this week’s episode of Versus Trump, we bring you a quick-hitting episode with multiple Trump Nuggets. Jason starts off by providing an update on news about Versus Trump’s favorite unqualified agricultural advisor to President Trump, Sam Clovis, a non-scientist who has been nominated to be "chief scientist" of the Agriculture Department. Easha [at 7:50] then discusses a new lawsuit called Wheeler v. Fox News, which alleges that Fox News collaborated with the White House to push a false sto ...

Versus DeVos

Thu Aug 03 2017 (37:36)

On this week’s episode of Versus Trump, Jason has…

On this week’s episode of Versus Trump, Jason has an interview with Toby Merrill, the director of the Project on Predatory Student Lending at Harvard Law School, about several lawsuits she's involved with against newly-confirmed Secretary of Education Betsy DeVos. We start our interview with a discussion of what for-profit colleges are and the problem Toby's Clinic is designed to solve. We then [at 10:30] talk about the first case she brought against the Administration, Dieffenbacher v. DeVos, ...

The Collusion Lawsuit

Thu Jul 27 2017 (34:28)

On this week’s episode of Versus Trump, Charlie a…

On this week’s episode of Versus Trump, Charlie and Easha discuss a newly-filed lawsuit brought by private plaintiffs who allege that Trump's campaign and Trump advisor Roger Stone conspired with Russians to disclose private information about the plaintiffs. Charlie and Easha begin by explaining the basic gist of the lawsuit, which is called Cockrum v. Trump Campaign, and they quickly turn to an in-depth discussion of each of the three particular theories of liability. The first theory they ana ...

VS. Kobach

Thu Jul 20 2017 (37:45)

On this week’s episode of Versus Trump, we discus…

On this week’s episode of Versus Trump, we discuss the litigation against the newly-created Presidential Advisory Commission on Election Integrity, that has Kansas Secretary of State—and repeat defendant in voting rights litigation—Kris Kobach as its now-infamous Vice Chair. We begin by explaining the creation of the Commission, which has a stated goal of “reviewing the integrity of elections in order to protect and preserve the principle of one person, one vote.” But, as we note, many people ...

I Want Out!

Thu Jul 13 2017 (33:27)

On this week’s episode of Versus Trump, Charlie a…

On this week’s episode of Versus Trump, Charlie and Easha discuss the cases against Trump University, the global settlement that was reached, and whether the pending challenge by a lone objector can—or should—alter the result. Charlie and Easha dive right into the background of the cases, which were brought by both a class of individuals and the State of New York, claiming that Trump University was a fraudulent "educational" institution. They then [at 7:30] discuss the global settlement that w ...

On this week’s episode of Versus Trump, we celebr…

On this week’s episode of Versus Trump, we celebrate Independence Day with a look at the past, present, and future of judicial independence. Jason and Easha begin by explaining the origin of the federal judicial system in Article III of the Constitution and the early conflicts between the courts and Presidents. They then [at 9:45] discuss the unprecedented attacks that President Trump and his administration have made on individual judges and the legitimacy of the judicial system, and they wond ...

Where There's A Gil...

Thu Jun 29 2017 (34:43)

On this week’s episode of Versus Trump, we discus…

On this week’s episode of Versus Trump, we discuss a lurking issue with opposing Trump in upcoming elections: partisan gerrymandering. Charlie and Easha begin [at 1:50] by explaining the theory of partisan gerrymandering, which depends on one party doing something called “packing and cracking” the voters of other parties. Charlie and Easha then [at 8:45] dive into the Gil v. Whitford case and explain what happened in Wisconsin that gave rise to the lawsuit. They then move on [at 14:00] to tryi ...

On a new, interview-only episode of Versus Trump,…

On a new, interview-only episode of Versus Trump, Take Care's podcast, Jason has an interview with Glenda Aldana Madrid, of the Northwest Immigrant Rights Project (NWIRP), about a case in which her organization has so far successfully blocked the Administration's attempt to curb the right to counsel in immigration courts. In the interview, Glenda first gives a background on her organization, which provides a full suite of pro bono immigration services to thousands of immigrants residing in Wash ...

A Gadfly Suit + Leah Litman

Thu Jun 15 2017 (38:40)

On a new episode of Versus Trump, Jason, Easha, a…

On a new episode of Versus Trump, Jason, Easha, and Charlie begin with a background on the case of Lovitky v. Trump, in which an attorney named Jeffrey Lovitky has sued the President claiming that his financial disclosure form violated the Ethics in Government Act—which requires, among other things, candidates to disclose outstanding debts. We discuss Lovitky's argument and the five reasons the government has given that the case should be dismissed. Although the group agrees that Lovitky is unli ...

What About Congress? + Steven Wu

Thu Jun 08 2017 (01:05:55)

On a new episode of Versus Trump, Take Care's pod…

On a new episode of Versus Trump, Take Care's podcast, Easha, Jason, and Charlie discuss Congress's role and powers in investigations of the Executive [start-28:30] They start with a discussion of Congress's role and the powers it has to issue subpoenas, hear testimony, and gather facts in the course of investigations. They then turn to the upcoming testimony of former FBI Director James Comey and discuss executive privilege, and then discuss former National Security Advisor Michael Flynn's invo ...

The Healthcare Episode

Thu Jun 01 2017 (39:57)

On a new episode of Versus Trump, Take Care's pod…

On a new episode of Versus Trump, Take Care's podcast, Easha and Jason dig into healthcare for the first time. Easha and Jason open [start-10:55] with a summary of the history of payments to insurance companies and the claims by the Republican House of Representatives that so-called "cost-sharing reduction" payments were not properly appropriated in the Affordable Care Act. They next explain how the Trump Administration has failed to commit to making these payments to insurers for the remainder ...

G.G. Case + Patti Goldman

Thu May 25 2017 (01:06:23)

We lead off this week [start-34:40] with a roundt…

We lead off this week [start-34:40] with a roundtable discussion of the G.G. case, which is a challenge to a public school's policy that requires students to use bathrooms that correspond to their "biological gender." In our interview segment [35:10-57:50], Charlie speaks with Patti Goldman, the managing attorney of EarthJustice's Seattle office. Patti discusses a legal challenge to the so-called "2-for-1" executive order, which requires agencies to repeal two regulations for every new regulati ...

In our interview this week [available separately …

In our interview this week [available separately as Episode 5.1], Jason discuss sanctuary cities with James Williams. James is the County Counsel of Santa Clara County in California, which has sued the Administration on the grounds that an executive order that purports to withhold funding from "sanctuary cities" is unconstitutional. James and Jason discuss the recent ruling in which a federal court agreed with his arguments and has temporarily barred the Trump Administration from enforcing the e ...

Our discussion segment this week contains an incr…

Our discussion segment this week contains an increasingly relevant discussion of three Frequently Asked Legal Questions that the ongoing Comey scandal has raised. First, was the President legally allowed to fire FBI Director Comey? Second, now that Comey is gone, how can a special prosecutor or independent counsel be appointed to continue to the Russia investigation? [Note: this just happened. Our episode talks about the legal mechanism by which former FBI Director Mueller has just been appointe ...

Argument Recap Emergency Pod!

Tue May 09 2017 (36:45)

It's our first emergency podcast! Right after the…

It's our first emergency podcast! Right after the full Fourth Circuit heard oral arguments in the Muslim Travel Ban appeal, the Versus Trump co-hosts hopped on the line to do a deep-dive into the argument. The podcast includes audio clips of many key moments from the oral argument audio. We start off by analyzing what happened when Acting Solicitor General Jeff Wall got up to the podium to defend the travel ban [1:20-19:50]. We point out that the court was overwhelmingly populated by Democratic ...

"We're All Hypocrites" + Zachary Price

Thu May 04 2017 (49:20)

This week on Versus Trump, we start off with a pr…

This week on Versus Trump, we start off with a preview of the upcoming immigration executive order oral argument [1:20-28:00]. We talk about all the nitty gritty procedural hurdles plaintiffs will have to overcome to even get a court to hear their claims. After our discussion, Jason talks about reliance interests with Professor Zachary Price of the University of California, Hastings, College of Law [28:00-42:15]. Jason and Zach chat about what might happen if the Trump Administration reverses ...

"Get Em Out!" + Richard Primus

Thu Apr 27 2017 (01:04:33)

This week on Versus Trump, the Take Care podcast,…

This week on Versus Trump, the Take Care podcast, we start off with discussion of a lawsuit against Donald Trump for allegedly inciting violence at a campaign rally in Kentucky [1:30-28:00]. We debate whether the First Amendment protects what Trump said, and we talk about what might happen with the case going forward. Next, Easha talks about the concept of unconstitutional animus with Professor Richard Primus of the University of Michigan Law School [28:12-56:25]. Easha and Richard discuss wha ...

A New Sheriff In Town + Zephyr Teachout

Thu Apr 20 2017 (01:00:24)

On the inaugural episode, we start off with a qui…

On the inaugural episode, we start off with a quick intro and then get right into a discussion of consent decrees [2:54-33:49], debating whether Attorney General Sessions can undo agreements that the Obama administration reached with troubled police departments around the country. Next up [starting at 33:54], we have an interview with Zephyr Teachout, counsel to Citizens for Responsibility and Ethics in Washington, about whether President Trump violates the Foreign Emoluments Clause of the Cons ...

Versus Trump Preview

Wed Apr 12 2017 (01:32)

Listen to a sneak preview of Versus Trump, the po…

Listen to a sneak preview of Versus Trump, the podcast where we discuss how the Trump Administration is breaking the law, and what people are doing about it. Coming soon!