//  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.

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