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19 Feb 2020, 6:56 pm by Ilya Somin
[The ruling may well be both correct and consistent with the same court's earlier ruling in favor of a different set of plaintiffs arising from the same events. [read post]
18 Feb 2020, 9:05 pm by Walter Olson
” [Elliot Njus, The Oregonian, Christian Britschgi/Reason, Ilya Somin] Tags: land use and zoning, Oregon [read post]
18 Feb 2020, 9:26 am by Immigration Prof
Hawaii's approval of the prior travel ban, Ilya Somin discusses nondelegation as an alternative legal theory for challenging the travel ban on The Volokh Conspiracy. [read post]
17 Feb 2020, 1:27 pm by Ilya Somin
[Other possible legal challenges to Trump's expanded travel ban may be precluded by Trump v. [read post]
16 Feb 2020, 6:00 am by Lawrence Solum
Introduction The counter-majoritarian difficulty (sometimes dilemma) may be the best known problem in constitutional theory. [read post]
12 Feb 2020, 8:55 am by Ilya Somin
[It may be better only in so far as it is much more likely to get invalidated by the courts.] [read post]
11 Feb 2020, 6:28 pm by Ilya Somin
[The new lawsuits against the state of New Jersey and King County, Washington have many of the same constitutional laws as the administration's other efforts to to target sanctuary cities.] [read post]
5 Feb 2020, 7:15 am by Ilya Somin
[My upcoming public speaking engagements from now through May - most of which are free and open to the public.] [read post]
5 Feb 2020, 4:00 am by Michael C. Dorf
., the important point here is that the argument against subjective intentions, if persuasive in one realm, ought to carry over into the other.As I note in the column, Ilya Somin fairly charges with hypocrisy those (conservative) justices who eschewed  a legislative purpose test in the Travel Ban case but appear willing to embrace it in Espinoza. [read post]
3 Feb 2020, 5:03 am by David Post
Quite the opposite; it has been roundly condemned and thoroughly discredited by scholars and commentators across a very broad spectrum of opinion and political persuasion, from Phillip Bobbitt and Laurence Tribe to Jonathan Turley (yes, the same Jonathan Turley who testified on behalf of the Republicans in the House impeachment hearings) to John Dean to my co-bloggers Keith Whittington, Ilya Somin, and Josh Blackman. [read post]
2 Feb 2020, 9:01 pm by Michael C. Dorf
Accordingly, one question in the case is whether that illicit anti-Catholic motive taints the current provision, which the state applies without apparent anti-Catholic bias.As Professor Ilya Somin has noted, that question tends to expose both liberal and conservative jurists to charges of hypocrisy: conservatives expressing sympathy for the challenge to the Montana Supreme Court ruling were notoriously unmoved by the taint of a much more recent anti-Muslim religious bias in the… [read post]
31 Jan 2020, 7:20 pm by Ilya Somin
[The ruling by a closely divided court leaves in place a December panel decision in this important case - at least for now.] [read post]
31 Jan 2020, 2:22 pm by Ilya Somin
[While Trump will almost certainly be acquitted within the next few days, impeachment might still damage him politically. [read post]
25 Jan 2020, 1:14 pm by Ilya Somin
[Conservatives want courts to consider the governments' bigoted motives in enacting anti-Catholic Blaine amendments, but not when it comes to Trump's travel ban. [read post]
23 Jan 2020, 3:32 pm by Josh Blackman
I am grateful to my co-bloggers Jon Adler and Ilya Somin for offering substantive responses to my post. [read post]