//  1/31/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Jason, Easha, and Charlie discuss recent developments in Juliana v. U.S., a long-running case where young people claim that the federal government's inaction on climate change violates their right to live in a habitable world in the future.  As usual, you can listen online below, and subscribe via this page with any podcast player or here in iTunes. 

They start by stating the unusual claims and then discuss the threshold issue of whether a court could actually give them the relief they seek: a declaration that they government has violated their rights and, possibly, an order requiring some kind of action on climate change. They then get philosophical and discuss whether there is a constitutional right to a future habitable world and whether the government has violated that right by taking minimal action to curb carbon emissions. They end with a few more technical thoughts about the case.

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Notes

  • All of the legal documents in this case can be found at the excellent case page here.

Versus Trump: Legal Challenges, Plus The Post Office Case

11/8/20  //  Commentary

On this week's Versus Trump, Charlie and Jason discuss the (frivolous) legal challenges to come. They are then joined by Public Citizen's Matthew Seligman to learn what happened with all those last-minute ballots, and what might happen in ongoing litigation in the Supreme Court.

Charlie Gerstein

Civil Rights Corps

The Affordable Care Act Does Not Have An Inseverability Clause

11/5/20  //  In-Depth Analysis

Contrary to challengers’ claim, Congress nowhere directed the Supreme Court to strike down the entire ACA if the individual mandate is invalidated. Congress knows how to write an inseverability directive, and didn’t do it here. That, combined with Congress’s clear actions leaving the ACA intact and the settled, strong presumption in favor of severability, make this an easy case for a Court that is proud of its textualism.

Abbe R. Gluck

Yale Law School

Versus Trump: The Law Headed Into The Election

11/2/20  //  Commentary

Will this be the last Versus Trump before Trump loses reelection? Who knows, but, on this week’s episode, Jason and Charlie discuss key theories that will shape which votes count. Listen now!

Charlie Gerstein

Civil Rights Corps