//  8/9/18  //  Commentary

On this week's episode of Versus Trump, Jason, Charlie, and Easha—in her last episode for several months—discuss the fast-moving lawsuit by states against the Trump Administration and Cody Wilson seeking to block distribution of plans for 3D-printed guns. As usual, you can listen online below, and subscribe via this page with any podcast player or here in iTunes. 

Charlie starts the discussion by explaning the background of the dispute, which actually dates back several years to a lawsuit brought by Wilson, the would-be distributor of these plans, against the Obama Administration. The Obama Administration successfully blocked the plans' distribution, and the Trump Administration defended that position until a recent settlement that would have permitted the distribution as of August 1. Jason then turns to the current lawsuit brought by many blue states that seeks to stop the settlement from going into effect and has resulted in a temporary block on Wilson's website. The trio discuss the administrative and constitutional law aspects of the dispute. They then say goodbye to Easha by thinking about the big topics she'll miss while she's gone.

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

Notes

  • The States' first amended complaint in the new case is here.
  • The court's order granting the TRO is here.
  • Really nice articles covering the entire dispute at CNET are here and here.
  • Jason mentioned a letter to the court from Wilson's lawyer. That's here. The Reason blog post by Brian Doherty discussing that letter is here.
  • Charlie mentioned this Doug Herzog law review article.

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

Roberts’ Rules: How the Chief Justice Could Rein in Police Abuse of Power 

8/19/20  //  In-Depth Analysis

A theme of Chief Justice John Roberts’ opinions this past term is that courts should not employ open-ended balancing tests to protect fundamental constitutional rights. Yet there is one area of the Supreme Court’s constitutional jurisprudence that is rife with such amorphous balancing tests: policing. It is long past time for the Court to revisit this area of law.