Versus Trump: Uncle Charlie's Comity Hour

10/10/19  //  Commentary

On this week’s Versus Trump, Jason and Charlie discuss the major recent decision dismissing the President's attempt to block his accounting firm from turning over his tax returns to the Manhattan DA. Listen now!

Charlie Gerstein

Civil Rights Corps

A Tale of Two Neil Gorsuches

10/8/19  //  Quick Reactions

It seems just last month Justice Gorsuch was saying his rule was not to “make it up" and was to "follow the law.” The Title VII cases allow us to see whether that's the case.

Leah Litman

Michigan Law School

Could A Ruling Against LGBT Rights in Bostock Allow Employers to Discriminate on the Basis of Religion?

10/7/19  //  Commentary

Permitting employers to discriminate against LGBT employees would open to the door to the same kind of discrimination against millions of Americans of faith

Aaron Tang

UC Davis School of Law

When The Government Asserts An interest In Discrimination

10/7/19  //  Commentary

The Trump Department of Justice has recently started asserting that the federal government has an interest in discrimination, rather than in preventing discrimination

Leah Litman

Michigan Law School

Symposium on June Medical Services v Gee

10/4/19  //  In-Depth Analysis

June Medical Services v. Gee involves a Louisiana law that would require abortion providers to obtain admitting privileges at a hospital within 30 miles of where they perform abortions. SCOTUS has granted review of the constitutionality of that law.

Take Care

Versus Trump: An Impeachment Primer...

10/3/19  //  In-Depth Analysis

Gotcha! No impeachment dessert until you eat your immigration broccoli. On this week’s Versus Trump, Easha (back from parental leave!) and Charlie (just starting parental leave) discuss two immigration losses for the Trump administration. The first concerns Trump’s attempts to roll back court-ordered protections for migrant children; the second, Trump’s attempt to subject more immigrants to expedited removal. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

June Medical And The End of Reproductive Justice

10/2/19  //  In-Depth Analysis

While June Medical does not ask the Court to overturn Roe v. Wade or Planned Parenthood v. Casey, the practical effect of the state’s positions would allow states to regulate abortion out of existence

Leah Litman

Michigan Law School

The Supreme Court’s Indefinite Immigration Detentions Of Children And Families

10/1/19  //  Commentary

How the Supreme Court facilitated DHS’s plan to indefinitely detain minors and their families.

Leah Litman

Michigan Law School

Same Flores Song, Different Verse

9/30/19  //  Commentary

Judge Gee’s earlier ruling on DOJ’s “application for relief” from the Flores settlement makes clear why her recent ruling invalidating DHS’s new regulation is correct.

Leah Litman

Michigan Law School

Whistleblower Scandal Contains Reminder of Last Scandal: Time for a New One?

9/27/19  //  Commentary

Although Trump isn't deliberately using each new scandal to distract from the last one, the phenomenon is nonetheless maddening. It's like a game of Bizarro World Whack-a-mole in which each time you whack a mole another hammer emerges that somehow enables the same mole to escape.

Michael C. Dorf

Cornell Law School

Pavan and June Medical Services

9/27/19  //  In-Depth Analysis

Pavan and June Medical Services are both examples of lower courts bending over backwards to avoid the clear command of Supreme Court precedent. Both merit the same treatment from the Supreme Court – summary reversal.

Take Care

Versus Trump: Can You Hear The Whistle Blowing?

9/25/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Charlie and Jason discuss the legal stakes of the fight over what Trump said to the President of Ukraine and the related whistleblower complaint. A lot happened between when they recorded the episode and when it's being posted, but we still think it's a useful primer on the legal questions in this dispute. Listen now!

Charlie Gerstein

Civil Rights Corps

A Duplicitous Playbook: June Medical Services v. Gee and the New Jane Crow

9/24/19  //  In-Depth Analysis

What is clear in June Medical Services v. Gee, as with the other antiabortion measures making their way through the courts, is that these targeted regulations of abortion providers have nothing to do with protecting women or their health

Take Care

The Anti-Abortion Movement's Unworkability Strategy

9/23/19  //  In-Depth Analysis

Antiabortion lawyers think that they can turn a fact and evidence-based legal standard into an argument against stare decisis, which would advance their ultimate goal of overturning Roe. In June Medical, it is time for the justices to prove them wrong.

Take Care

The House Ways and Means Committee Has Standing to Seek Trump's Tax Returns

9/23/19  //  In-Depth Analysis

If the House Ways and Means Committee lacked Article III standing, then the House’s subpoena power would be gutted, and the Executive Branch could defy valid congressional process with impunity

Laurence H. Tribe

Harvard Law School