//  8/16/18  //  Commentary

On this week's episode of Versus Trump, Jason and Charlie begin their run of shows with Easha on leave and discuss a fascinating new lawsuit contending that the Trump Administration is unconstitutionally "sabotaging" the Affordable Care Act as a whole. As usual, you can listen online below, and subscribe via this page with any podcast player or here in iTunes. 

Jason starts the discussion by explaining the case of City of Columbus v. Trump, which was brought by several cities and individuals who contend that the Aministration's actions over the last several years amount to an unconstitutional sabotage of a law the President is required to execute faithfully. As Jason explains, the suit has two claims: one a traditional claim that the Administration is acting arbitrarily, and the second a unique claim that the President is violating the "Take Care" Clause of the Constitution (blog synergy alert!). They then get into a lengthy discussion about the meaning of the Clause, whether such a suit could be viable, and whether the allegations here make out a potential violation. 

You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. You can buy t-shirts and other goods with our super-cool logo here

Notes

  • A non-profit organization called Democracy Forward is behind this case. Their case page is here. The Complaint is here.
  • Jason mentioned an article called The Protean Take Care Clause, by Harvard Law Professors John Manning and Jack Goldsmith. That article is here.
  • Law Professors Abbe Gluck and Nick Bagley had an op-ed in the New York Times contending that Trump's "sabotage" of the Act is illegal. It's here.
  • Charlie insisted that we link to the video for the Beastie Boys song "Sabotage." It's here.

The Court of Public Opinion

1/17/19  //  In-Depth Analysis

Because the special prosecutor answers ultimately to the court of public opinion, he must answer to that court in his final report

Victoria Nourse

Georgetown Law School

The Character of the Special Prosecutor

1/16/19  //  In-Depth Analysis

How do we evaluate the character of the current special prosecutor?

Take Care

The Court of Public Opinion

1/16/19  //  In-Depth Analysis

What does it mean to say that special prosecutors are ultimately answerable to 'the American people'?

Aziz Huq

University of Chicago Law School