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Are There Lawsuits About Gun Regulation?

On a new episode of Versus Trump, Easha, Jason, and Charlie discuss what's going on in courts related to gun regulation. They start the episode by describing Giffords Law Center v. ATF and related cases, which are Freedom of Information Act suits requesting records of DOJ and ATF that might reveal how coordinated the Trump Administration has been with the NRA and other pro-gun interests. They then wonder whether the suits might really move the needle of our policy discussions. The episode...


Are Medicaid Work Requirements Legal?

On a new episode of Versus Trump, Easha and Jason discuss a new lawsuit challenging the Trump Administration's approval of Kentucky's new rules for its Medicaid program. The new rules will require some Medicaid recipients to work 20 hours per week to receive health benefits, and they also impose other novel requirements. Jason and Easha start with the basics: What is Medicaid, how do the states and the federal government interact, and what do states need to receive approval to deviate from...


The House Versus The FBI

On the latest episode of Versus Trump, Charlie and Easha talk all things Russia investigation (or tangentially Russia investigation)—the Nunes #meh-mo, the fallout therefrom, and whether Trump will be interviewed by the Special Counsel. Charlie and Easha start with the basics: What is FISA, and how did the Department of Justice get a warrant to listen in on Carter Page's communications? They go through the flaws in the Nunes memo, but they conclude that even if the Nunes memo had been 100%...


Is There A Freedom To Say Goodbye?

On a new episode of Versus Trump, Charlie and Jason discuss an unexpected recent opinion that held that Ravi Ragbir, an immigration activist and alien subject to deportation, had the "freedom to say goodbye" before he could be removed from this country. Charlie and Jason begin by discussing Ragbir's background and the nature of his immigration case, and they focus on the events of January 11, 2018, when Ragbir was taken into custody and put on a plane to be removed from the country with no...


Suing To Stop A Shrinking Staircase

On a new episode of Versus Trump, Easha and Jason discuss several lawsuits filed over President Trump's recent Proclamation that substantially cuts the size of two National Monuments: Bears Ears National Monument and Grand Staircase-Escalante, both in Utah. They begin the discussion by discussing what national monuments are, how they can be designated under the Anitiquities Act of 1906, and how the President decided to shrink the boundaries of these two national monuments. They discuss the...


DACA's Back!

On a new episode of Versus Trump, Easha, Jason, and Charlie discuss the big decision that forced the Trump Administration to restart the DACA immigration program. They begin the discussion by summarizing the lawsuit over the revocation of DACA. They then to turn four buckets of issues in the district court's two opinions. For buckets one and two, they discuss whether DACA is a decision that is "committed to agency discretion" or whether it's a broad policy, and then they delve into the...


Manafort Sues, and Trump Threatens To

On a new episode of Versus Trump, Jason, Easha, and Charlie tackle an unexpected new lawsuit against the Trump Administration by, of all people, former campaign chair Paul Manafort. And they discuss the President's threats to sue the publisher of Fire and Fury for defamation. They begin the discussion by summarizing the Manafort v. DOJ lawsuit. While everyone agrees it's an unusual and likely meritless lawsuit, Jason wonders why more people aren't a little bit more sympathetic to a novel...


2017 Scorecard

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. Charlie and Jason begin the discussion by evaluating the cases that fall in the "big case" bucket: litigation involving the Muslim Ban, the Emoluments Clause, military service by transgender people, the revised contraceptive mandate, and the attempt to revoke funding...


Judges of Christmas Future

Judges of Christmas Future by Versus Trump


#MeToo Versus Trump

On this week’s episode of Versus Trump, Charlie, Jason, and Easha talk about a defamation lawsuit brought by Summer Zervos, a woman who alleges that she was sexually assaulted by President Trump in a hotel room in 2007. Charlie, Easha, and Jason begin by discussing the facts in the lawsuit and then [at 5:00] quickly move to the first reason that President Trump has asked the court in New York to dismiss the case: the sitting President cannot be sued in state court. That leads to some deep...


Versus Trump: Trump Versus Anti-Discrimination Laws (with guest Joshua Matz)

On this week’s episode of Versus Trump, Charlie, Jason, and Easha are joined by Take Care publisher Joshua Matz to talk about the Masterpiece Cake Shop oral argument, plus the status of Muslim Ban litigation and the future of Take Care. On Tuesday, the Supreme Court heard argument in the Masterpiece Cake Shop case, which presents the question of whether a baker in Colorado may refuse to create a wedding cake for a same-sex wedding even though Colorado prohibits retailers from...


Trump The Trustbuster (Interview with Lina Khan)

On this week’s episode of Versus Trump, Charlie has an interview with antitrust expert Lina Khan, Director of Legal Policy of the Open Markets Institute, about the lawsuit filed by the Trump Administration to block the proposed AT&T/Time Warner merger. Charlie and Lina first discuss the background of antitrust law and the mechanics of how the Department of Justice reviews mergers for antitrust concerns. Lina then explains the difference between vertical and horizontal mergers and explains...


Borderline Searches + Response to First Mondays

On this week’s episode of Versus Trump, Jason and Charlie discuss a new lawsuit that forces courts to answer the question of whether the federal government needs a warrant to search people's cell phones and other electronic devices at the border, and they also [at 32:30] respond to a discussion on the Supreme Court podcast First Mondays regarding the government's recent filing in the Hargan v. Garza abortion case. First, Jason and Charlie tackle border searches of cell phones and laptops...


Updates, Y'all!

You want updates, so we've got updates! We begin [at 1:50] with the very unusual goings-on in a case everyone thought was over: the Jane Doe litigation over access to abortion while in immigration detention, a case now called Hargan v. Garza. We then turn [at 13:00] to litigation involving the ban on military service by transgender individuals. Next up [at 21:00]: the Muslim Ban, which is now on version 3.0. After that, [at 25:00] we turn to deeper cuts, and update you on the progress of a...


The First Shoe (with guest David Sklansky)

On this week’s episode of Versus Trump, Jason, Charlie, and special guest Professor David Sklansky discuss the first shoe to drop from the Mueller investigation: the indictment of Paul Manafort and Rick Gates, and the guilty plea of George Papadopoulos. We begin [at 2:00] by describing the legal charges and the key factual takeaways from the charging documents. We're then [at 11:00] joined by Stanford Law Professor and former federal prosecutor David Sklansky to go in-depth on several key...


Emergency Pod: JD v. DHS

On today's episode, Easha and Charlie discuss an ongoing—wait, just now resolved—case filed by a pregnant 17-year-old girl in federal immigration custody who seeks an abortion. Easha and Charlie first talk about the procedural wrangling that this case has wrought and second about the legal claims in the case, which bring them into the exciting worlds of reproductive rights, immigration law, and international relations. Listen now!


Pardon Our Tone

On this week’s episode of Versus Trump, Easha, Jason, and Charlie discuss the President's pardon of Sheriff Joe Arpaio and the (so far unsuccessful) legal challenge to that pardon. The discussion begins with a quick discussion of why Arpaio was charged with criminal contempt in the first place, and how several outside organizations are trying to contest the validity of the pardon by asking the district court not to dismiss the case against Arpaio. Easha then [at 6:00] gives us an overview...


The Contraception Mandate Challenges

On this week’s episode of Versus Trump, Easha and Jason discuss the Administration's drastic expansion of the number of companies that may now offer health insurance that does not cover birth control, as well as several lawsuits that were immediately filed challenging these new regulations. The discussion begins with a recap of the new interim final rules, which both greatly expand an existing, narrow exemption for religious organizations and also permit employers to exempt themselves from...


So, Can California Really Do That?

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. The discussion begins with an explanation [at 3:00] of the California bill, SB 149. Charlie and Jason then [at 5:00] get into the meager caselaw in this area, which centers around...


[This Episode Blocked]

On this week’s episode of Versus Trump, Easha, Jason, and Charlie dive into the merits of a lawsuit brought by Twitter users who have been blocked by @realDonaldTrump. They claim the President's blocking violates the First Amendment. The episode begins with an explanation of the case, including what the plaintiffs said on Twitter to get themselves blocked, what the effects of the President's Twitter block are, and the general rules of the road under the First Amendment. We then [at 16:00]...


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