Versus Trump

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Latest Episodes:

Should Detainees Be Released? Mar 28, 2020

Show notes

On this week’s Versus Trump, Jason and Charlie discuss a lawsuit in Seattle, Dawson v. Asher, requesting that several vulnerable people in immigration detention be released. They discuss the legal standard for detention, why detention centers are particularly dangerous places, and what courts will be balancing when they consider these requests for release.

You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. You can buy t-shirts and other goods with our super-cool logo here.

Notes

The TRO in Dawson v. Asher is here.

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Should Democrats Try And Pack The Court? Mar 19, 2020

Show notes

On this week’s Versus Trump, Jason talks with Aaron Belkin and Matt Lehrich of Take Back The Court. They talk about Aaron's idea for the Democrats to add four seats to the U.S. Supreme Court in response to what he sees as two "stolen" seats. They get into the legality of this solution and the political and legal ramifications of such a proposal, including whether it would lead to a tit-for-tat from Republicans if they come back to power after this proposal has been adopted.

You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. You can buy t-shirts and other goods with our super-cool logo here.

Notes

You can find out more about Take Back The Court here.

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Lots To Discuss... Mar 12, 2020

Show notes

On this week’s Versus Trump, Charlie and Jason cover a number of outstanding decisions and issues that they've missed over the last month. They begin with a discussion about a federal court's recent decision calling AG Barr's summary of the Mueller Report not credible, which led him to review the Mueller Report to see whether redactions were proper. They then also discuss a recent decision about Medicaid work requirements, the illegal appointment of the acting head of the USCIS, and then mention the new defamation lawsuits by Trump against the NY Times, CNN, and the Washington Post.

You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. You can buy t-shirts and other goods with our super-cool logo here.

Notes

The opinion in the Mueller Report case is here.

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Enforce Your Own Subpoena! Mar 05, 2020

Show notes

On this week’s Versus Trump, Charlie and Jason discuss the D.C. Circuit's recent opinion holding that courts have no power to enforce subpoenas issued by the House. They discuss the opinion's rationale, whether it makes sense, and whether the House might—or should—take the court up on its offer to start jailing Trump Administration officials in their own brig.

You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. You can buy t-shirts and other goods with our super-cool logo here.

Notes

The opinion in House Judiciary Committee v. McGahn is here.

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State Immunity Under The VRA + Adios, Easha :( Feb 13, 2020

Show notes

On this week’s Versus Trump, Charlie and Jason discuss a dissenting opinion by a Trump-appointed judge arguing that states cannot be sued for violating the Voting Rights Act. They then say goodbye to Easha with a tribute to her thinking about Versus Trump law and litigation. We shall miss you, Easha. Talk soon??

You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. You can buy t-shirts and other goods with our super-cool logo here.

Notes

The opinion in NAACP v. Alabama is here.

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Was Impeachment Good or Bad? Feb 06, 2020

Show notes

On this week’s Versus Trump, Charlie and Jason discuss Jason's ongoing essays for the Take Care blog about whether impeachment was good or bad, net-positive or net-negative. This leads them to discuss whether the Democrats should have more aggressively pursued witnesses and whether this whole proceeding did much to vindicate the rule of law. They emerge with slightly revised opinions about this whole process.

You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. You can buy t-shirts and other goods with our super-cool logo here.

Notes

Jason's "impeachment was good" essay is here.
Jason's "impeachment was bad" essay is here.

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Vs. The Inaugural Committee, Plus Bolton Update Jan 30, 2020

Show notes

On this week’s Versus Trump, Charlie and Jason look at a new lawsuit by D.C. claiming that Trump's inaugural committee overpaid for space at the Trump Hotel and thus "wasted" at least $1 million in charitable funds. Spoiler alert: the lawsuit seems convincing. They also discuss the latest developments in the Bolton saga.

You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. You can buy t-shirts and other goods with our super-cool logo here.

Notes

CNBC has this useful article describing the lawsuit and linking to the Complaint.

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Who Are The Presidential Electors? Jan 25, 2020

Show notes

On this week’s Versus Trump, Charlie and Easha take a deep dive into two recently granted Supreme Court cases that go to the heart of the systems that we use to elect the President. (We chose this week to cover this topic because our Fearless Leader, Jason, was unavailable and he is counsel on both cases.) The discussion takes us deep into questions of political accountability, free choice, and constitutional history. A classic Versus Trump cat's-away-mice-will-play episode chock full of fun analysis of, among other things, Jason's work. Listen now! (I mean right now.)

You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. You can buy t-shirts and other goods with our super-cool logo here.

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Trump vs. The Equal Rights Amendment Jan 16, 2020

Show notes

On this week’s Versus Trump, Jason, Easha, and Charlie discuss the Trump Administration's new legal opinion regarding the legal status of the Equal Rights Amendment, also known as the ERA. They consider what will happen now that Virginia has become the 38th state to ratify the ERA since 1972. Is it too late, or can Congress do anything to add this amendment to the Constitution? Note that when this was recorded, Virginia was expected to ratify it shortly, and the State in fact ratified it just before the episode was posted.

You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. You can buy t-shirts and other goods with our super-cool logo here.

Notes

The Trump Administration's opinion called Ratification of the Equal Rights Amendment is here.
News that Virginia ratified the Amendment is here, at NPR.
Strangely, the 1977 OLC opinion regarding whether the three-year extension was constitutional is very difficult to find online. We've posted it here. The James Madison quote Jason mentioned is at the top of page 19.

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Amazon vs. Trump Jan 09, 2020

Show notes

On this week’s Versus Trump, Jason, Easha, and Charlie consider a new lawsuit by Amazon, in which the company claims that it was illegally denied a $10 billion Pentagon contract because of President Trump's stated dislike of Amazon founder Jeff Bezos. And the return briefly to the question of Bolton's potential testimony at the Senate impeachment trial.

You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. You can buy t-shirts and other goods with our super-cool logo here.

Notes

The complaint in the Amazon case is here.
The Jonathan Chait piece discussing this case and calling it perhaps his most egregious abuse of power yet is here.

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