//  2/7/19  //  Uncategorized

On this week's episode of Versus Trump, Jason and Charlie discuss last month's federal court decision holding that Maryland could not proceed in its lawsuit that sought a declaration that the Affordable Care Act is constitutional and must be enforced.  As usual, you can listen online below, and subscribe via this page with any podcast player or here in iTunes. 

Easha and Jason start by explaining the unusual lawsuit, which is the inverse of the more widely-reported case Texas v. United States. In Texas, red states are seeking to strike down the ACA; in Maryland, that state is trying to uphold it. But, as they explain, a district court a few weeks held that Maryland could not proceed because, despite the Administration's hostility to the ACA, it does continue to be enforced (at least in meaningful part), so the court held there was no live case or controversy. After breaking this finding down, Easha and Jason turn to some listener feedback about shifting positions of the government.

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Notes

  • The decision in Maryland v. U.S. is here.

Versus Trump: Blurring Public and Private Conduct

9/17/20  //  In-Depth Analysis

On this week’s Versus Trump, Jason and Charlie discuss two new legal filings by the Trump DOJ that blur the line between the President as government official and the President as private citizen. In the first case, the government argues that the President's twitter feed is not an official public forum, so he can block people with whom he disagrees. In the second, the government argues that the President's denials that he sexually assaulted E. Jean Carroll were made in his official capacity as President. Listen now!

Charlie Gerstein

Civil Rights Corps

Versus Trump: Trump Versus Mail Voting

8/24/20  //  Commentary

On this week’s Versus Trump, Jason and Charlie discuss voting by mail in the pandemic. Have courts allowed the rules to be changed, either in responses to suits there should be more voting by mail—or less? Listen now!

Charlie Gerstein

Civil Rights Corps

The Real Problem with Seila

8/24/20  //  In-Depth Analysis

Seila Law LLC v. Consumer Financial Protection Bureau that tenure protection for the Director of the Consumer Financial Protection Bureau is unconstitutional. The decision’s reasoning may be more important—and worrisome—than the holding itself.

Zachary Price

U.C. Hastings College of the Law