//  7/5/18  //  Commentary

On this week's episode of Versus Trump, Jason, Charlie, and Easha are back with a regular episode to discuss a stunning recent development in Texas v. United States, a case by Texas seeking to invalidate the Affordable Care Act (Obamacare). Last month, the Trump Administration not only agreed with Texas that the individual mandate is unconstitutional, but it also told the district court that the requirement to cover everyone with a pre-existing condition on the same terms as healthy folks should be struck down as well. As usual, you can listen online below, and subscribe via this page with any podcast player or here in iTunes. 

Easha starts the discussion by giving us a background on the Affordable Care Act, including previous major cases about it and the recent change in the law that zeroes out the tax penalty for not having health insurance. She then explains the Trump Administration's new legal position, which is 1) that the individual mandate is unconstitutional beause it's no longer a tax and 2) the guarantee of coverage for those with pre-existing conditions should also be struck down because Congress would not have wanted that provision without the accompanying individual mandate. They then discuss three aspects of the Administration's position. First, are they right about the mandate? Second, do they have any plausible argument on the pre-existing conditions point? And third, just how unusual and potentially destructive is the Administration's surprising refusal to defend most of a validly-enacated law?

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 government's legal brief in Texas v. U.S. is here.
  • DOJ's list of 530d letters telling Congress when it would not defend certain laws is here.
  • Nick Bagley and others at Take Care have some great coverage of this case. See the most recent posts here.

Unbinding Leniency: Evaluating the Obama Clemency Initiative and Its Lessons

6/22/20  //  In-Depth Analysis

A recent article evaluates President Obama's clemency initiative and its lessons for criminal justice reform.

Take Care

Versus Trump: Easha's Back, To Talk Qualified Immunity and Police Reform

6/21/20  //  Commentary

On this week’s Versus Trump, Easha Anand makes her triumphant return to talk qualified immunity and police reform. The trio talk about the proposal to reform qualified immunity and debate whether that will do much. They then break down other new legal innovations in the various proposals and ask: is it enough to create new grounds for people to sue? Or are other reforms more important? Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

The SDNY Debacle And The Supreme Court

6/20/20  //  Quick Reactions

The Trump administration's apparent desire to force out the U.S. Attorney for SDNY could have implications for several major Supreme Court cases this term.

Leah Litman

Michigan Law School