//  5/25/17  //  Commentary

On a new episode of Versus TrumpTake Care's podcast, we discuss the status of G.G. v. Gloucester County School Board, a major case about transgender rights, and then speak with Patti Goldman of Earthjustice about an important lawsuit that her organization has filed. As usual, you can listen online below or at takecareblog.com/podcast, and subscribe here with any podcast player or here in iTunes.

We lead off this week [start-34:40] with a roundtable discussion of the G.G. case, which is a challenge to a public school's policy that requires students to use bathrooms that correspond to their "biological gender." After recapping what's happened so far in the case, we evaluate the arguments for and against each side, discuss a controversial New Yorker article that wondered about the interests of those traumatized by sexual assault, and disagree somewhat about the overall attitude so far of the Trump Administration on LGBT rights.

In our interview segment [35:10-57:50], Charlie speaks with Patti Goldman, the managing attorney of EarthJustice's Seattle office. Patti discusses a legal challenge to the so-called "2-for-1" executive order, which requires agencies to repeal two regulations for every new regulation that is adopted. She discusses the role of the executive branch in directing agency rulemaking, what the immediate impact of the executive order has been and what proposed regulations are being held up, and the future of the litigation.

Our discussion segment closes with listener feedback, including our first voicemail! [57:50-end.] You can be caller number two: 505-333-8106.

Listen online below or at takecareblog.com/podcast, and subscribe here with any podcast player or here in iTunes.

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.

Links

G.G. Discussion

  • All of the legal documents in the G.G. case, including the most recent round of amicus briefs, can be found here.
  • The Obama Administration's two "dear colleague" letters are here and here. The Trump Administration's letter rescinding the guidance on transgender bathroom access is here.
  • The New Yorker post by Jeannie Suk Gersen claiming there is now "a potential Title IX collision course" between the federal government's "directives on sexual violence and on bathrooms" is here.
  • A report that Ivanka and Jared stood up for LGBT rights is here.
  • An article detailing Republican Representative Ileana Ros-Lehtinen's slam of the White House over transgender rights is here.
  • Easha also mentioned other evidence of the Trump Administration's additude on LGBT rights, including the removal of a website with information about LGBT rights and the deletion of a question about LGBT status from the census.
  • All of Take Care's coverage about LGBT rights is here.

Patti Goldman Interview

  • Earthjustice's page on the "one-in, two-out" litigation is here.
  • The challenged executive order is here.

Listener Feedback

  • Zach Price mentioned his paper "Law Enforcement as Political Question," which discusses why citizens typically have no judicial recourse if the executive branch refuses to enforce a violation of the law. It's available for free download here

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

Versus Trump: Versus The Post Office

10/15/20  //  In-Depth Analysis

On this week’s Versus Trump, Jason and Charlie are joined by Matthew Seligman of Public Citizen to discuss several lawsuits—including one in which he is counsel, NAACP v. USPS—where plaintiffs have challenged the cuts by the postal service that may slow down election mail. Listen now!

Charlie Gerstein

Civil Rights Corps