//  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: Legal Challenges, Plus The Post Office Case

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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

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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