Versus Trump: The End...Or The Beginning?
Well, this is it for Versus Trump, folks. Trump ain't President anymore! He doesn't even have a twitter account. What a way to end.
Charlie and Jason bring back Easha to discuss the short and long term impact of January insurrection. They then reflect on the big picture. After all, we've been podcasting about legal cases involving Trump for almost four years. What in the world happened?
Versus Trump: The Aftermath + Interview with Joshua Matz
On this week's Versus Trump, Charlie and Jason discuss the madness of last week and what might happen next for impeachment, cirminal charges against Trump, and more. They are then joined by Take Care publisher Joshua Matz to discuss his views on impeachment and Trump's legal legacy. Listen now!
Versus Trump: The Electoral College Votes
On this week's Versus Trump, Charlie and Jason discuss the vote of the Electoral College and the Supreme Court's unanimous rejection of Texas's longshot bid to overturn the result of the election. Happy holidays!
Versus Trump: Legal Update + The GSA Travesty
On this week's Versus Trump, Charlie and Jason discuss the status of Trump's legal challenges to the election (going nowhere) and the Trump Administration's dangerous and illegal refusal to designate Biden as the President-elect and therefore give his team resources for a smooth transition. Listen now!
Versus Trump: Legal Challenges, Plus The Post Office Case
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.
Updates | The Week of January 22, 2018
1/28/18 // Daily Update
The Supreme Court of Pennsylvania ordered all 18 Republican-drawn districts to be redrawn, following a finding that they violate the Constitution. Potential citizenship questions on the 2020 Census could shift the balance of political power towards rural areas and give Republicans a new advantage in drawing electoral boundaries.
Updates | The Week of December 18, 2017
12/24/17 // Daily Update
President Trump's voter fraud commission has not been in communication since September, and members are not sure why.
The Department of Homeland Security, the Election Assistance Commission and voting equipment industry and nonprofit groups met to launch an election security Sector Coordinating Council.
Update | The Week of November 27, 2017
12/4/17 // Daily Update
Some Alabama voters have received erroneous messages saying that they are not registered to vote. The D.C. Circuit rejected a challenge to separate federal campaign contribution limits in primary and general elections.
Updates | The Week of November 20, 2017
11/26/17 // Daily Update
A member of the President's election fraud commission announced that he is seeking an injunction requiring the commission to release working documents. DOJ officials indicated the commission will not meet again until next year.
Updates | The Week of October 23, 2017
10/31/17 // Daily Update
The Congressional Accountability Office will investigate the President's voter fraud commission. Commentators and the Commission's Democratic members remain frustrated by its lack of transparency.
Freeing Purcell from the Shadows
The Supreme Court will soon hear a flood of election-related cases, yet one if its most important doctrines for deciding these cases remains remarkably opaque. So I will try to unpack and explain it.
Trump Jr. and Citizens United
In a perfect world, federal election law would distinguish between foreign governments involving themselves in U.S. elections and foreign nationals doing so. Unfortunately, we don't live in that perfect world because of the Supreme Court.
Versus Trump: State Immunity Under The VRA + Adios, Easha :(
On this week’s Versus Trump, Charlie and Jason discuss a dissenting opinion by a Trump-appointed judge arguing that states cannot be sued for violating the Voting Rights Act. They then say goodbye to Easha with a tribute to her thinking about Versus Trump law and litigation. Listen now!
Versus Trump: Voting Wars and Justice Scalia, with Rick Hasen
On a new episode of Versus Trump, Jason talks to Rick Hasen, a leading election law scholar and purveyor of the Election Law Blog, about what's going on at the voting booth, possible campaign finance law violations by both Trump and Clinton in the 2016 cycle, and Justice Scalia, who is the subject of Rick's new book, The Justice of Contradictions: Antonin Scalia and the Politics of Disruption. Listen now!
A Lone Star Bail-in?
Key takeaways from the briefs in the ongoing litigation to "bail-in" Texas under Section 3(c) of the Voting Rights Act
Versus Trump: Ask Charlie About The Census
On this week's episode of Versus Trump, Jason asks Charlie to take us through the mammothly long, massively important opinion from the Southern District of New York invalidating the proposed citizenship question on the 2020 Census. Listen now!
Versus Trump: 2017 Scorecard
On the first episode of Versus Trump of 2018, Jason and Charlie look back at Versus Trump cases in 2017 and score them as Administration wins, losses, or not-yet-decided. They also look ahead at big issues to come in 2018. Listen now!
How To Decide A Very Close Election For Presidential Electors: Part 1
Could a partial result from the very first contested presidential election provide us a path to handling a close election in 2020? Probably not—but the lessons from 1796 are revealing. This is Part 1 in a multi-part series that will help understand how close elections for presidential elector have been decided, good or bad, and how they should be decided this year.
Versus Trump: Can Trump Steal The Election?
On this week’s Versus Trump, Jason and Charlie discuss whether Trump can really "steal" the election, as some have started to worry about. They discuss Jason's piece here on the topic. Plus, they say goodbye to Justice Ginsburg. Listen now!
Versus Trump: Versus Kobach
On this week’s episode of Versus Trump, we discuss the litigation against the newly-created Presidential Advisory Commission on Election Integrity, that has Kansas Secretary of State—and repeat defendant in voting rights litigation—Kris Kobach as its now-infamous Vice Chair. Listen now!
Arresting the Deterioration of Democracy
Troubling signs abound for American constitutional democracy. It isn't (yet) too late to halt the decline. But that will require the creation and implementation of a robust democracy agenda.
Versus Trump: Where There's A Gil... (On Partisan Gerrymandering)
On this week’s episode of Versus Trump, we discuss a lurking issue with opposing Trump in upcoming elections: partisan gerrymandering. Charlie and Easha take a close look at the case of Gil v. Whitford, a case the Supreme Court recently announced it will take up next fall. In Gil, the Supreme Court may boldly announce a new rule that might seriously curb partisan gerrymandering—or the Court may entirely stop courts from being able to hear these cases at all. Listen now!
Versus Trump: The Citizenship Question
On a new episode of Versus Trump, Jason and Easha discuss lawsuits challenging the Trump Administration's decision to ask a question about citizenship on the 2020 census. Listen now!
Versus Trump: The Past And Future Of Gerrymandering
This week on Versus Trump, Jason and Easha are joined by guest host Melissa Murray of NYU Law and the new Strict Scrutiny podcast. They discuss the recent Supreme Court decision on gerrymandering (Rucho v. Common Cause), what's next in the fight, and where you can find Melissa's wonderful new podcast. Listen now!
Versus Trump: Versus The Post Office
On this week’s Versus Trump, Jason and Charlie are joined by Matthew Seligman of Public Citizen to discuss several lawsuits—including one in which he is counsel, NAACP v. USPS—where plaintiffs have challenged the cuts by the postal service that may slow down election mail. Listen now!
DOJ and the Voter Rolls
In voting rights, as elsewhere, there’s plenty of reason to stay woke. But if you’re looking for evidence of the crumbling of the Republic, the recent voter roll settlement in Kentucky isn’t the place to start.
A Department of Justice, But For Whom?
A letter about how to fix DOJ’s Civil Rights Division simultaneously maintains that we live in a “post-racial world” and urges the Division to take measures that will disenfranchise people of color.
Information Wars Part I: The Challenge To The Census
The Trump administration has enacted several policies to conceal, subvert, or manipulate information. It has retracted a proposal to add LGBTQ identification to the U.S. census and eliminated LGBTQ identification from HHS surveys. These policies and others attempt to deny the existence of a problem by disappearing the (inconvenient) facts.
Treason and Cyberwarfare
By Carlton Larson: There are two forms of treason recognized under the United States Constitution: (1) levying war against the United States; and (2) adhering to our enemies, giving them aid and comfort. Each raises slightly different issues with respect to cyberwarfare.
Versus Trump: The Collusion Lawsuit
On this week’s episode of Versus Trump, Charlie and Easha discuss a newly-filed lawsuit brought by private plaintiffs who allege that Trump's campaign and Trump advisor Roger Stone conspired with Russians to disclose private information about the plaintiffs. Listen now!
Versus Trump: Trump Versus Mail Voting
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!
Versus Trump: Who Are Presidential Electors?
On this week’s Versus Trump, Charlie and Easha take a deep dive into two recently granted Supreme Court cases that go to the heart of the systems that we use to elect the President. The discussion takes us deep into questions of political accountability, free choice, and constitutional history. A classic Versus Trump cat's-away-mice-will-play episode chock full of fun analysis of, among other things, Jason's work. Listen now! (I mean right now.)
Versus Trump: So, Can California Really Do That?
On this week’s episode of Versus Trump, Charlie and Jason discuss a recently-passed bill awaiting the signature of California Governor Jerry Brown that, if signed into law, would require presidential candidates to disclose five years of federal of tax returns in order to appear on the ballot in California. Jason and Charlie ask each other whether California has the constitutional power to do that, and, if so, whether it's a good idea. Listen now!
Requiem for a Lone Star Bail-in
The three-judge district court overseeing the Texas redistricting litigation has held that Texas should not be 'bailed-in' under Section 3(c) of the Voting Rights Act. That's a very worrisome development. Here's why.
Updates | The Week of April 10, 2017
4/16/17 // Daily Update
This week, a federal judge found a discriminatory purpose behind Texas's Voter ID law. On Take Care, Joshua Matz and Leah Litman argue that the Trump Administration's plans for the Department of Justice's Civil Rights Division raise grave concerns. Joshua Matz also notes the concern expressed by advocacy groups over Attorney General Jeff Sessions' lack of commitment to protecting voting rights.
Updates | The Week of October 30, 2017
11/5/17 // Daily Update
Reports indicate that the Crosscheck system promoted by Kris Kobach, vice chair of President Trump’s Presidential Advisory Commission on Election Integrity, as a tool to purge voter rolls, has a 99% false positive rate.
Updates | The Week of April 3, 2017
4/9/17 // Daily Update
This week, Daniel Tokaji argued for an active "democracy agenda" on Take Care while a movement for voter ID laws grows in the states, despite no evidence of a large voter conspiracy.
Updates | The Week of April 17, 2017
4/23/17 // Daily Update
A close special election in Georgia may portend electoral problems for the Republicans. During the 2016 election, the Russian government sought to peddle the myth of voter fraud when it appeared President Trump may lose.
Updates | The Week of October 16
10/21/17 // Daily Update
Former Attorney General Eric Holder argues the fight for voting rights is the struggle of our generation. Democratic senators requested the Government Accountability Organization investigate President Trump's voting fraud commission.
The Story Thus Far: Voting Rights
3/16/17 // Daily Update
Since taking office, President Trump has cast doubt on the American electoral process--even as DOJ has stepped away from challenges to restrictive voter identification laws. Here are some useful analyses of the story thus far.
Updates | The Week of August 14, 2017
8/20/17 // Daily Update
Despite studies showing that voter fraud is practically nonexistent, aides connected to the Trump Administration have created an organization to increase voter turnout in areas where the President has high support and discourage “fraudulent” democratic voting.
Updates | The Week of May 29, 2017
6/4/17 // Daily Update
Commentators argued that President Trump’s sham Commission on Election Integrity is a threat to democracy, the Supreme Court granted certiorari in a case that could have wide-ranging impact on voting rights, and a new Democratic super PAC is fighting back on partisan gerrymandering.
Updates | The Week of May 8, 2017
5/14/17 // Daily Update
President Trump signed an executive order creating a presidential commission on “election integrity” based on his false claims of widespread voter fraud during the 2016 election.
Updates | The Week of March 27, 2017
4/2/17 // Daily Update
Calls for a "special election" pose major constitutional, political, and policy questions, as Ian Samuel explains for Take Care. Instead, the best way to avoid foreign interference may be to update voting technology.
Updates | The Week of July 17, 2017
6/23/17 // Daily Update
The President's embattled Commission on Election Integrity, which has been sued by numerous voting rights groups, held its first public meeting this week. DOJ has changed tactics in its Texas voter ID case.
Updates | The Week of August 7, 2017
8/13/17 // Daily Update
The President's voter fraud commission risks voter purges and may become a target for hackers. The Department of Justice reversed its historical position on the Ohio voter roll purge statute.