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 sanctuary cities. Charlie and Jason score those cases as one Administration win, though with an appeal coming (Emoluments Clause); a clear Administration loss (transgender service); two Administration losses, though with an appeal or potential appeal (contraceptive mandate and sanctuary cities*); and one "it's complicated" (Muslim Ban). They then move on to other cases and issues discussed on the podcast in 2017. Finally, they look at the big picture and speculate about what the lessons of 2017 will mean for litigation in 2018.
Also, thanks to all of the listeners who responsed to our holiday t-shirt offer. While that offer is now closed, stick with us in 2018 for more Versus Trump analysis and, maybe, another giveaway down the line.
* On sanctuary cities, we inititally goofed and said that Administration did not appeal. In fact, they did appeal, as we say in our last-minute insert. Sorry for the confusion!