//  10/4/18  //  Commentary

On this week's episode of Versus Trump, Jason and Charlie talk about the Trump Administration's lawsuit against California that would block California's new net neutrality law from going into effect. As usual, you can listen online below, and subscribe via this page with any podcast player or here in iTunes. 

They start the conversation by discussing what net neutrality is and what the Obama Administration did in 2015 to put net neutrality rules into effect. They then discuss the Trump Administration's 2018 repeal of the Obama rules, which lead to California's attempt to reinstate the Obama-era rules at the state level. The Trump Administration now claims California's rules are invalid, and on a minor point, Jason and Charlie agree the Trump Administration is right: in particular, they conclude that California has jumped the gun and will likely need to wait for a massive appeal in D.C. to finish before the state can put its own rules into effect. But Jason and Charlie are skeptical of the Trump Administration's underlying rationale that the federal government can forever fail to impose net neutrality rules and simultaneously block California from passing its own rules.

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


  • DOJ's page on the lawsuit is here. The government's preliminary injunction motion is here, and its Complaint is here.
  • The D.C. Circuit brief of Communications Law Professors that they discuss is here.
  • Charlie mentioned at the end an article in Current Affairs about Kavanaugh. That's here.

Versus Trump: Legal Challenges, Plus The Post Office Case

11/8/20  //  Commentary

On this week's Versus Trump, Charlie and Jason discuss the (frivolous) legal challenges to come. They are then joined by Public Citizen's Matthew Seligman to learn what happened with all those last-minute ballots, and what might happen in ongoing litigation in the Supreme Court.

Charlie Gerstein

Civil Rights Corps

The Affordable Care Act Does Not Have An Inseverability Clause

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Contrary to challengers’ claim, Congress nowhere directed the Supreme Court to strike down the entire ACA if the individual mandate is invalidated. Congress knows how to write an inseverability directive, and didn’t do it here. That, combined with Congress’s clear actions leaving the ACA intact and the settled, strong presumption in favor of severability, make this an easy case for a Court that is proud of its textualism.

Abbe R. Gluck

Yale Law School

Versus Trump: The Law Headed Into The Election

11/2/20  //  Commentary

Will this be the last Versus Trump before Trump loses reelection? Who knows, but, on this week’s episode, Jason and Charlie discuss key theories that will shape which votes count. Listen now!

Charlie Gerstein

Civil Rights Corps