Executive Branch Inconsistency on Congressional Standing
By Ashwin Phatak: Although DOJ has recently taken the position in litigation that the House of Representatives lacks standing to bring a civil action to enforce a subpoena against an Executive Branch official, that position conflicts with prior DOJ precedents
No, Mike Pompeo, America Was Not Founded As A Christian Nation
By embracing Christian nationalist rhetoric, Secretary of State Pompeo ignores America’s secular constitutional tradition—and undermines the United States’ ability and credibility to promote human rights, pluralism, and the rule of law around the globe.
Versus Trump: Trump vs. The Mainstream Media
On this week’s Versus Trump, Jason and Charlie discuss cases by the Trump campaign against the New York Times, CNN, and the Washington Post accusing each of these media organizations with defamation (sometimes also called libel). They have a bit of a laugh in explaining why the suits are frivolous, discuss whether the complaints are sanctionable, and debate whether the cases will have a major intimidating effect. Listen now!
Versus Trump: Should Vulnerable Detainees Be Released?
On this week’s Versus Trump, Jason and Charlie discuss a lawsuit in Seattle, Dawson v. Asher, requesting that several vulnerable people in immigration detention be released. They discuss the legal standard for detention, why detention centers are particularly dangerous places, and what courts will be balancing when they consider these requests for release.
Versus Trump: Should Democrats Try And Pack The Supreme Court?
On this week’s Versus Trump, Jason talks with Aaron Belkin and Matt Lehrich of Take Back The Court. They talk about Aaron's idea for the Democrats to add four seats to the U.S. Supreme Court in response to what he sees as two "stolen" seats. Listen now!
Versus Trump: Lots To Discuss...
On this week’s Versus Trump, Charlie and Jason cover a number of outstanding decisions and issues that they've missed over the last month. They talk Mueller Report, Medicaid work requirements, and more. Listen now!
Versus Trump: Enforce Your Own Subpoena!
On this week’s Versus Trump, Charlie and Jason discuss the D.C. Circuit's recent opinion holding that courts have no power to enforce subpoenas issued by the House. They discuss the opinion's rationale, whether it makes sense, and whether the House might—or should—take the court up on its offer to start jailing Trump Administration officials in their own brig. Listen now!