//  1/10/19  //  Uncategorized

On this week's episode of Versus Trump, Charlie, Jason, and Easha bring you a shutdown special, where they talk about the President's emergency powers as well as a lawsuit contending the government is violating federal labor law by not paying workers on time. As usual, you can listen online below, and subscribe via this page with any podcast player or here in iTunes. 

The episode starts with a discussion of the President's claim that he can use emergency powers to build the wall without Congress's appropriation. They discuss the law of emergencies and the specific laws that might authorize a wall and decide that it's a surprisingly close question. Next, they delve into a lawsuit filed in the Court of Federal Claims contending that the Fair Labor Standards Act requires on-time payments for work done by most government employees, and they explain the consequences of the government's violation of this law. They end with listener feedback. 

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

Notes

  • As noted at Lawfare, there are currently at least 28 national emergencies. See here

  • Lawfare has an excellent Q and A on emergency powers here and a detailed overview here.

  • A website about litigation related to a prior shutdown is here. The recently filed FLSA complaint is here.


Versus Trump: An Impeachment Primer...

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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

The Supreme Court’s Indefinite Immigration Detentions Of Children And Families

10/1/19  //  Commentary

How the Supreme Court facilitated DHS’s plan to indefinitely detain minors and their families.

Leah Litman

Michigan Law School

Whistleblower Scandal Contains Reminder of Last Scandal: Time for a New One?

9/27/19  //  Commentary

Although Trump isn't deliberately using each new scandal to distract from the last one, the phenomenon is nonetheless maddening. It's like a game of Bizarro World Whack-a-mole in which each time you whack a mole another hammer emerges that somehow enables the same mole to escape.

Michael C. Dorf

Cornell Law School