Versus Trump: Trump Versus Facebook

8/23/18  //  Commentary

On this week's episode of Versus Trump, Jason and Charlie talk about an unusual and surprising case where the Trump Administration has filed a brief in support of fair housing advocates who have sued Facebook for its part in enabling discriminatory advertising. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Louisiana’s Ongoing Ethical Crisis: Why SCOTUS Should Weigh In On The Case Of Rogers Lacaze

8/22/18  //  Commentary

In the coming weeks, the U.S. Supreme Court will consider whether to grant Lacaze v. Louisiana, a case raising profound questions for the constitutional standards governing judicial recusal where a judge has --but does not even disclose--concrete connections to the case being tried before him.

Take Care

Versus Trump: SABOTAGE!!

8/16/18  //  Commentary

On this week's episode of Versus Trump, Jason and Charlie begin their run of shows with Easha on leave and discuss a fascinating new lawsuit contending that the Trump Administration is unconstitutionally "sabotaging" the Affordable Care Act as a whole. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Versus Trump: Versus Plastic Guns

8/9/18  //  Commentary

On this week's episode of Versus Trump, Jason, Charlie, and Easha—in her last episode for several months—discuss the fast-moving lawsuit by states against the Trump Administration and Cody Wilson seeking to block distribution of plans for 3D-printed guns. As usual, you can listen online below, and subscribe via this page with any podcast player or here in iTunes.

Jason Harrow

Gerstein Harrow LLP

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

Versus Trump: Trump Versus ALJs?

8/2/18  //  Commentary

On this week's episode of Versus Trump, Jason and Easha discuss a new executive order and accompanying guidance by the Trump Administration that dramatically change the rules for hiring Administrative Law Judges (ALJs) across the entire federal government. Listen now!

Jason Harrow

Gerstein Harrow LLP

Easha Anand

San Francisco

A Conservative’s Conservative Before He Was Nominated and An Open-Minded Jurist After

7/31/18  //  Commentary

Judge Brett Kavanaugh’s supporters claimed that his nomination would mean a sharp right turn for the Court; but since his nominated, they have promised he will review cases as they come.

Helen Marie Berg

Michigan Law

Abigail DeHart

Michigan Law School

Leah Litman

Michigan Law School

Versus Trump: SALT In The Wounds

7/26/18  //  Commentary

On this week's episode of Versus Trump, Jason, Charlie, and Easha discuss a new lawsuit by four blue states contending that the new cap on deducting state and local taxes—passed as part of the 2017 tax bill—is unconstitutional. Listen now!

Easha Anand

San Francisco

Jason Harrow

Gerstein Harrow LLP

Charlie Gerstein

Gerstein Harrow LLP

The Right Thing on Risk Adjustment

7/25/18  //  Commentary

The Trump administration precipitated a crisis when it announced it would suspend risk adjustment payments under the Affordable Care Act. In welcome news, it's now taking steps to address the problem.

Nick Bagley

University of Michigan Law School

The Rulification of Penalty Kicks—and a Reform Proposal

7/24/18  //  Commentary

Video Assistant Referees haven't changed the rules for soccer, but they've changed how those rules are applied

David Pozen

Columbia Law School

Reinvigorating Defensive Crouch Liberal Constitutionalism Part 2: Will Clarence Thomas Save Abortion Rights?

7/19/18  //  Commentary

Would Justice Thomas really strike down federal legislation restricting abortion? We may soon find out.

Michael C. Dorf

Cornell Law School

The Doomed—And Dangerous—Demand for Refunds from Public Sector Unions

7/19/18  //  Commentary

Sending unions into bankruptcy because they mistakenly trusted the Supreme Court when it stood by Abood in 2012 (and declined to overrule it again in 2014) would be more than a blow to middle class workers; it would be a serious danger to the rule of law.

Aaron Tang

UC Davis School of Law

Prison and Jail Conditions Worsen Under the Trump Administration—Unless You Are Paul Manafort

7/18/18  //  Commentary

In the U.S. there are many “very unfair” situations involving prisons. But Trump’s policies are making prisons worse.

Helen Marie Berg

Michigan Law

Abigail DeHart

Michigan Law School

Taking Texas Seriously: The Accidental Constitutional Case Against The TCJA

7/11/18  //  Commentary

By Mitch Johnston: If the mandate repeal is unconstitutional, then, based on the severability arguments advanced by the states, shouldn’t the entire Tax Cuts and Jobs Act (TCJA) be struck down with it?

Take Care

Taking a Dive on Risk Adjustment

7/9/18  //  Commentary

The Trump administration says that an adverse court ruling gives it no choice but to suspend some crucial payments under the Affordable Care Act. I don't buy it, and you shouldn't either.

Nick Bagley

University of Michigan Law School

Elusive Silver Linings & The Deregulatory First Amendment

7/9/18  //  Commentary

Sometimes the oncoming storm is easier to spot than the silver linings.