//  4/27/17  //  Commentary

This Week's Episode: "Get 'Em Out!" + Richard Primus

This week on Versus Trump, the Take Care podcast, we start off with discussion of a lawsuit against Donald Trump (and others) 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. (Amanda Shanor discussed the case on Take Care here.)

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 what animus is, the source of the constitutional prohibition against it, and what that prohibition means for the litigation against President Trump’s Muslim travel ban. (You can find his writing on the subject here.)  

We close with a quick segment that we’re tentatively calling “Trump Nuggets” [56:30-end]. Suggestions for a better name are welcome.

Please share or provide feedback, and rate us in iTunes. You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com.

Here are links to some of the other things we talked about this week:

  • The Complaint in the Kentucky protester case against President Trump is here, and the court's recent ruling denying a motion to dismiss is here.
  • Brandenberg v. Ohio, which establishes the test for un-protected incitement, is here.
  • Youngdahl v. Rainfair, a labor-picketing case referencing the prior history of violence in similar circumstances, is available here.
  • A dissent by Justice Thomas in Virginia v. Black, a case about cross burning, is available here.
  • The New York Times covered what it's like to attend a Trump rally, and quoted from the pre-rally safety video.
  • Here’s a Mashable compilation of violent rhetoric Trump has used at his rallies.
  • The Southern Poverty Law Center called Matthew Heimbach “the new face of white nationalism.”
  • roundup of all the measures state legislators are taking to criminalize protest, including a measure in Arizona to expand racketeering laws to cover organizers of protest events.
  • Neil Kinkopf’s Take Care article explaining why Trump’s lawyers can be sanctioned for claiming that Trump is immune from suit is available here.
  • Easha’s Trump Nugget was about Judge Davis’ concurrence in the GG litigation, and it's available here.
  • Politico's report that Trump is interviewing judges in their late 30s is available here.

Deferred Reaction To the Courts

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Democratic and Republican responses to the DACA decision illustrate the different focus the two parties put on the federal courts.

Leah Litman

Michigan Law School

Versus Trump: Easha's Back, To Talk Qualified Immunity and Police Reform

6/21/20  //  Commentary

On this week’s Versus Trump, Easha Anand makes her triumphant return to talk qualified immunity and police reform. The trio talk about the proposal to reform qualified immunity and debate whether that will do much. They then break down other new legal innovations in the various proposals and ask: is it enough to create new grounds for people to sue? Or are other reforms more important? Listen now!

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On this week’s Versus Trump, Jason and Charlie take on two topics. First, what can the president legally do to use the military on American soil? Second, is it legal for the House of Representatives to vote by proxy, without being physically present in D.C., as alleged in a new lawsuit by House Republicans? Listen now!

Charlie Gerstein

Civil Rights Corps