//  5/3/18  //  Commentary

On a new episode of Versus Trump, Easha, Charlie, and Jason continue their investigation of the relationship between federal and state law by debating the Trump Administration's reversal of Obama-era guidance about marijuana enforcement. As usual, you can listen online below, and subscribe via this page with any podcast player or here in iTunes. 

The three start the conversation with a recap of the law with respect to recreational marijuana. While possession, sale, and distribution of the drug is illegal under federal law, several states now have in place comprehensive regimes permitting the sale and regulation of marijuana for recreational use. The Obama Administration issued several memos that indicated to states that it would not enforce federal law against individuals and businesses that complied with state law. But, in January, the Trump Administration revoked that guidance. That leads to a discussion of whether state laws permitting recreational use of marijuana are preempted by federal law, and whether the states should be permitted to continue operating these schemes. The debate concludes with all three acknowleding that this is a difficult legal question—and Jason even admits that his mind has been somewhat changed by points that Charlie and Easha made.

You can find us at @VersusTrumpPod on twitter, or send us an email at [email protected] And you can buy t-shirts and other goods with our super-cool logo here.

Notes

  • The Sessions memo from January 2018 that rescinded the Obama-era guidance on marijuana enforcement is here.
  • At the Marijuana Law, Policy, and Authority blog, Robert Mikos discusses the takeaways from Sessions' 2018 memo here.
  • Here is a very helpful Congressional Research Service Report that outlines the arguments on either side of this question.

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

Versus Trump: What's Left Of Asylum Law?

9/19/19  //  Uncategorized

On this week's episode of Versus Trump, Charlie and Jason discuss the Supreme Court's recent action permitting the Trump Administration to enforce tough new restrictions on asylum eligibility for those who enter the U.S. at the southern border. Listen now!

Charlie Gerstein

Civil Rights Corps