1/4/18  //  Uncategorized

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!

12/21/17  //  Commentary

A pending defamation suit against President Trump in New York state court raises this important question.

10/5/17  //  Commentary

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!

9/22/17  //  Commentary

Graham-Cassidy has a constitutional flaw: the funding formula for the block grants to states that form the bill’s core is unconstitutional.

9/14/17  //  Commentary

On this week’s episode of Versus Trump, we discuss a major new lawsuit that challenges President Trump's announced revocation of the DACA immigration program. Listen now!

9/13/17  //  Commentary

With the threatened rescission of DACA, it is all the more important that courts enforce statutory and constitutional limits on executive authority.

8/31/17  //  Commentary

Cities need to be recognized as constitutional actors in their own right, worthy of protection and capable of self-determination.

8/25/17  //  In-Depth Analysis

Why State Anti-Removal Laws are Oppressive and Unconstitutional

8/4/17  //  Quick Reactions

State officials are seeking out ways to intensify federal efforts to enforce immigration law, but they are thereby intensifying larger problems plaguing our national immigration system

8/3/17  //  Quick Reactions

Two days ago, the D.C. Circuit granted a motion from a group of fifteen states, led by California, to intervene in the pending appeal in House v. Price. Allowing the states to intervene will prevent the Trump administration from unilaterally dismissing its appeal in the case.

7/24/17  //  Commentary

A landmark opinion turns Massachusetts into a sanctuary state, setting up a legal and political battle with DOJ.

7/20/17  //  Commentary

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!

6/29/17  //  Commentary

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!

6/20/17  //  Commentary

The recent DC/Maryland emoluments case reflects a truth known to the Framers: jurisdictions geographically closer to the national capital would have a different relationship with federal power.

6/15/17  //  In-Depth Analysis

On a new episode of Versus Trump, Take Care's podcast, Easha, Jason, and Charlie discuss a lawsuit against the President that's been brought by a D.C. gadfly who claims that Trump did not provide sufficient detail on the financial disclosure form he submitted as a candidate. Then, Easha talks with Leah Litman about the status of the Muslim ban litigation and the role of oral advocacy in this and other high-profile cases. Listen now!