//  7/26/18  //  Commentary

On this week's episode of Versus Trump, Jason, Charlie, and Easha discuss a new lawsuit by four blue states contending that the new cap on deducting state and local taxes—passed as part of the 2017 tax bill—is unconstitutional. As usual, you can listen online below, and subscribe via this page with any podcast player or here in iTunes. 

Charlie starts the discussion by explaning the background of the federal treatment of state and local taxes, and what the new tax law changed. They then discuss the legal claims by the states, which fall into a few different buckets. First, does the law violate the original understanding of the constitutional amendment (Number 16) authorizing the federal government to impose an income tax? Second, does the new law unfairly target certain states, or unfairly coerce them to change their policy on taxes and spending? The gang doesn't think any of the claims are great bets to succeed, but they each discuss their level of intrigue with these novel theories.

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

  • The Complaint in New York v. Mnuchin is here.
  • A very useful post at TaxProf Blog, with links to even more commentary, is here.

A Lone Star Bail-in?

2/14/19  //  Commentary

Key takeaways from the briefs in the ongoing litigation to "bail-in" Texas under Section 3(c) of the Voting Rights Act

Travis Crum

University of Chicago

Versus Trump: How Do We Protect Our Democracy?

2/14/19  //  Uncategorized

On this week's episode of Versus Trump, Charlie sits down for a fun, casual conversation with Anne Tindall and Cameron Kistler of Protect Democracy about, well, protecting our democracy. Listen now!

Charlie Gerstein

Civil Rights Corps

The Civil Rights Division Bails Out of Bail-In in Texas

2/8/19  //  In-Depth Analysis

Career attorneys at DOJ rightly refused to sign a deeply flawed brief arguing that Texas should be let off the hook for its repeated intentional efforts to minimize the voting power of its minority population

Justin Levitt

Loyola Law School