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11 Dec 2021, 8:32 am by Howard Wasserman
This has been kicking around the ConLaw Prof listserv for months and Ilya Somin lays out... [read post]
10 Dec 2021, 9:49 am by Ilya Somin
[The Court rules that the lawsuit against SB 8 can proceed by targeting state licensing officials. [read post]
9 Dec 2021, 6:59 pm by Ilya Somin
[The ruling is mostly based on the Texas state constitution and probably will not affect the federal case challenging SB 8, currently before the Supreme Court. [read post]
8 Dec 2021, 8:47 am
It also provides valuable overview of a wide range of SCOTUS-related issues" — by Ilya Somin (at Reason).If Court-packing ever happens, it will be the Supreme Court that decides whether Court-packing is unconstitutional, and if this happens soon, with the current configuration of the Court, I doubt that "the dominant view among legal scholars" will matter much. [read post]
8 Dec 2021, 5:00 am by Eric Segall
But arguments about or referring to constitutional text were largely absent.One explanation for the lack of substantial discussion about text by the Justices might be that they agree with Professor Ilya Somin who recently argued over at the Volokh Conspiracy that, although he takes no position on whether the right to choose should be constitutionally protected, the fact that this right is not explicitly mentioned in the Constitution does not support the overruling of Roe and… [read post]
7 Dec 2021, 7:51 pm by Ilya Somin
[The report doesn't endorse court-packing or term limits. [read post]
6 Dec 2021, 1:31 pm by Ilya Somin
[Absent Roe, current Supreme Court precedent likely gives the federal government considerable power to either restrict or protect abortion rights. [read post]
1 Dec 2021, 12:38 pm by Ilya Somin
[The oft-heard argument that something isn't "written in the Constitution" is not as compelling as it might seem. [read post]
1 Dec 2021, 4:00 am by SHG
Ilya Somin argues that the Tenth Circuit’s holding in Lech was wrong, and that Judge Mazzant’s ruling is correct, that the police power exception to the Takings Clause should not be a per se rule. [read post]
30 Nov 2021, 2:10 pm by Ilya Somin
[The decision is at odds with rulings by some other federal courts, and could end up setting an important precedent.] [read post]
29 Nov 2021, 2:06 pm by Ilya Somin
[Experience shows that what little good they do is outweighed by the immensely cruel harm.] [read post]
24 Nov 2021, 12:59 pm by Ilya Somin
[The perpetrators almost escaped prosecution because one of them was a former employer of the prosecutor's office.] [read post]
22 Nov 2021, 9:29 am by Ilya Somin
This brief also has the support of the "other" Ilya: Cato Institute Vice President Ilya Shapiro, who oversees Cato's amicus brief program. [read post]
22 Nov 2021, 8:30 am by Ilya Somin
[Widespread remote work opens up new opportunities for foot voting, but may in some cases make foot voting less important. ] The revised edition of my book Free to Move: Foot Voting, Migration, and Political Freedom comes out on December 1. [read post]
19 Nov 2021, 9:41 am by Ilya Somin
[For obvious reasons, this important issue wasn't in the first edition of the book. [read post]
19 Nov 2021, 8:44 am by Ilya Somin
[British political scientist David Runciman says the answer is "yes. [read post]
19 Nov 2021, 7:05 am by Ilya Somin
[Only a real boycott - with athletes staying away - can have any meaningful effect.] [read post]