//  1/4/18  //  Uncategorized

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.

You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com.

As usual, you can listen online below, and subscribe here with any podcast player or here in iTunes.

* 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!

Links

  • Details on the status of "Big Five" cases:
    • An analysis of the opinion in the Emoluments Clause case is here.
    • The latest on the contraception mandate is here.
    • The news that the Administration is not appealing the courts' rejection of the the transgender military ban is here.
    • The latest decision in the travel ban case is discussed here. More to come in 2018 on that one.
    • The latest news on the sanctuary cities case is here.
  • Other links:
    • The decision about the International Entrepreneur Rule is here. The Administration's "yeah, it's over" press release is here.
    • The latest on the voter fraud commission is here. News about EPIC's lawsuit is here.
    • News about the seeming end of the Arpaio pardon case is here.
    • The encouraging news that Justice Kennedy has hired law clerks for next Term is here.

The 'All of the Above' Approach to Justice Kavanaugh

10/7/18  //  In-Depth Analysis

Do progressives give up on the Court? Declare war on it? Pretend nothing has changed? Each of us will have to decide for ourselves. There is no 'right way' to respond to our new reality.

Michael C. Dorf

Cornell Law School

The Vicious Entrenchment Circle: Thoughts on a Lifetime with a Republican-Controlled Court

10/7/18  //  In-Depth Analysis

By the time the Supreme Court’s current Term ends in June, it will have been more than 50 years of GOP-appointed control, even though Democrats have won a majority or plurality of the popular vote in seven of the twelve elections in that period.

Marty Lederman

Georgetown Law

Versus Trump: Trump Versus Net Neutrality

10/4/18  //  Commentary

On this week's episode of Versus Trump, 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. Listen now!

Jason Harrow

Equal Citizens

Charlie Gerstein

Civil Rights Corps