//  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: An Impeachment Primer...

10/3/19  //  In-Depth Analysis

Gotcha! No impeachment dessert until you eat your immigration broccoli. On this week’s Versus Trump, Easha (back from parental leave!) and Charlie (just starting parental leave) discuss two immigration losses for the Trump administration. The first concerns Trump’s attempts to roll back court-ordered protections for migrant children; the second, Trump’s attempt to subject more immigrants to expedited removal. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Versus Trump: Can You Hear The Whistle Blowing?

9/25/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Charlie and Jason discuss the legal stakes of the fight over what Trump said to the President of Ukraine and the related whistleblower complaint. A lot happened between when they recorded the episode and when it's being posted, but we still think it's a useful primer on the legal questions in this dispute. Listen now!

Charlie Gerstein

Civil Rights Corps

The House Ways and Means Committee Has Standing to Seek Trump's Tax Returns

9/23/19  //  In-Depth Analysis

If the House Ways and Means Committee lacked Article III standing, then the House’s subpoena power would be gutted, and the Executive Branch could defy valid congressional process with impunity

Laurence H. Tribe

Harvard Law School