//  12/13/18  //  Uncategorized

On this week's episode of Versus Trump, Easha and Jason discuss the Trump Administration's fondness for Court-hopping: that is, taking matters directly to the Supreme Court without waiting for the usual appellate process to conclude. As usual, you can listen online below, and subscribe via this page with any podcast player or here in iTunes. 

Jason and Easha first discuss the inside baseball of the way appeals normally work, which leads them to a discussion of cert. before judgment—that is, when the Supreme Court takes a case before it's had the normal appellate review, which usually means two levels. They then look at a few instances of the Supreme Court asking for this unusual form of review: two DACA cases and the transgender ban case. They wonder whether this new practice will have long-term impacts on the government's relationship with the Court. And then they talk about the census case, in which the Administration repeatedly asked for emergency relief from the Supreme Court—and, after not finding too much early success, got the Supreme Court to review an important issue on an expedited basis.

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


  • The duo mentioned a 2011 SCOTUSblog post by Kevin Russell talking about cert. before judgment. That's here.
  • Cases mentioned in this episde include two DACA cases (here and here) and the transgender ban case (here).

Another Legally Questionable Acting Official Who’s Not Wasting Any Time Before Making Big Decisions

1/15/19  //  In-Depth Analysis

Joe Otting, the new Acting Director of the Federal Housing Finance Agency, has a questionable entitlement to powers that he's already misusing.

Brianne J. Gorod

Constitutional Accountability Center

Barr’s Remarks Are Reassuring but Serious Questions Remain

1/15/19  //  Latest Developments

Barr's carefully-worded promise not to interfere with Mueller is welcome. But it also leaves room for Barr to impede significant parts of Mueller's work.

Andrew Coan

University of Arizona

An Inside Job? The Uneasy Case for Outside Special Prosecutors

1/15/19  //  In-Depth Analysis

Should special prosecutors come from within the administration or outside it? This is a harder question than you might think.

Daniel Hemel

University of Chicago Law School