//  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.

Red State Legislatures Cannot Cancel The Upcoming Presidential Election

3/17/20  //  In-Depth Analysis

Some are worrying about Republican-controlled legislatures eliminating the right to vote in a presidential election and just appointing Trump-supporting electors themselves. Don't worry: not only is the scenario unlikely, it couldn't legally happen.

Trump Isn't The Only Government Official Not Doing Enough To Protect Public Health

3/12/20  //  Quick Reactions

The President has been harshly criticized for his inadequate response to coronavirus. But state and local officials have the legal authority to do much more than they are doing to protect health and safety. They need to act now, with or without the President's support.

Versus Trump: Lots To Discuss...

3/12/20  //  Commentary

On this week’s Versus Trump, Charlie and Jason cover a number of outstanding decisions and issues that they've missed over the last month. They talk Mueller Report, Medicaid work requirements, and more. Listen now!

Charlie Gerstein

Civil Rights Corps