Versus Trump: Kavanaugh's Coming, Plus Updates

7/12/18  //  Uncategorized

On this week's episode of Versus Trump, Jason, Charlie, and Easha discuss the retirement of Justice Kennedy and how his presumptive replacement may rule in Versus Trump cases. They then do some quick hits to update a handful of important cases. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Versus Trump: Trump Versus California

4/26/18  //  Commentary

On a new episode of Versus Trump, Easha, Charlie, and Jason discuss the Trump Administration's lawsuit against California. The lawsuit seeks to prevent the state from enforcing three new state laws that the federal government says will undermine enforcement of immigration law. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

A New Threat to Punish Sanctuary City Officials

1/24/18  //  Commentary

Once again, the Trump Administration is baselessly threatening its political opponents with criminal charges.

Eli Savit

University of Michigan Law School

Versus Trump: 2017 Scorecard

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!

Charlie Gerstein

Civil Rights Corps

The Stakes for Civil Rights in the Funding Fight Over Sanctuary Cities

9/21/17  //  In-Depth Analysis

There's reason to be wary of the argument that Congress has to “unambiguously” state funding conditions in the text of statutes.

Leah Litman

Michigan Law School

More Empty Threats: The Trump Administration’s Latest Attack on Sanctuary Cities

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.

Seth Davis

U.C. Irvine School of Law

Versus Trump: The Healthcare Episode

6/1/17  //  Commentary

On a new episode of Versus Trump, Take Care's podcast, Easha and Jason dig into healthcare for the first time, as they take a deep dive into the House v. Price litigation that addresses whether certain payments to insurers under the Affordable Care Act have been properly appropriated. They also debate immigration rhetoric vs. action and discuss drug testing for unemployment benefits. Listen now!

Easha Anand

San Francisco

Sessions Retreats, but Doesn’t Surrender, on Sanctuary Cities

5/23/17  //  Quick Reactions

Yesterday, AG Sessions issued his official interpretation of the executive order President Trump issued in January regarding sanctuary cities. The interpretation is notable for its narrowness. But ultimately, the memorandum is more of a retreat than a surrender.

Nikolas Bowie

Harvard Law School

A Texan Attack on Sanctuary Cities

5/4/17  //  Commentary

Sanctuary cities now face another threat much closer to home: their own state governments. And it will come as no surprise that the Lone Star State has led the way in seeking to shut down local efforts at protecting the dignity of undocumented migrants.

Laurence H. Tribe

Harvard Law School

Analyzing Trump's Reaction to the First Sanctuary City Ruling

4/27/17  //  Commentary

Why did Trump bash a judicial decision blocking an order that, if you believe his own lawyers, does nothing, changes nothing, and likely won't be applied to anybody?

The Federal Statute on Sanctuary Cities Doesn’t Say What the Trump Administration Thinks It Says

4/27/17  //  Commentary

The statute, 8 U.S.C. § 1373(a), says nothing about Trump’s biggest complaint.

Nikolas Bowie

Harvard Law School

Santa Clara v. Trump and the Perils of the Gestural Presidency

4/26/17  //  Quick Reactions

If we had a president less concerned with posing as a man of action and more as the fiduciary taking care that the laws be faithfully executed, he would probably do better in court. I don't foresee him changing course.

Peter M. Shane

Ohio State, Moritz College of Law

The Rule of Law Means Little If The President’s Word Means Nothing

4/26/17  //  Quick Reactions

In a new op-ed, I emphasize the importance of taking President Trump at his word–even as efforts to save his executive orders from his tweets inevitably push Trump's defenders to come up with new and creative reasons for ignoring Trump's public statements.

With Sanctuary Cities, the Apprentice is Now the Biggest Loser

4/26/17  //  Quick Reactions

If Trump keeps tweeting his lawyers will have their work cut out for them

Nikolas Bowie

Harvard Law School

Trump Is Weakening His Only Defense of the Sanctuary Cities Order . . . by Enforcing It

4/24/17  //  Commentary

DOJ argues that Trump's orders threatening sanctuary cities can't be challenged because they remain speculative. But a recent volley of menacing letters from DOJ to sanctuary cities and counties, and to the State of California, has blasted a hole in DOJ's own defense.

Nikolas Bowie

Harvard Law School