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10 Aug 2023, 9:16 pm
[If Texas is right to argue that illegal immigration and cross-border drug smuggling qualify as "invasion," then the writ of habeas corpus can be suspended at any time - thereby enabling executive detention without trial. ] In my last post, I criticized Texas's argument that illegal migration and cross-border drug smuggling qualify as "invasion" under Article I of the Constitution, thereby authorizing state governments to "engage in war" to stop them. [read post]
6 Aug 2022, 9:05 am
[The Uniting for Ukraine program and other new initiatives may open the door to a broader role for private citizens in sponsoring refugees.] [read post]
6 Jan 2022, 1:02 pm
[Ignorance and bias played a major role in the attack on the Capitol and in the continuing belief of many Republicans that Biden didn't really win the 2020 election. [read post]
4 Jun 2025, 2:30 pm
[A leading conservative legal scholar explains why striking down Trump's IEEPA tariffs is vital to protecting the separation of powers.] [read post]
15 Sep 2015, 9:34 am
Murray Snow, United States District Court for the District of Arizona Professor Ilya Somin, George Mason University School of Law The moderator will once again be the law school’s Professor David Marcus. [read post]
3 Apr 2009, 9:28 am
Democracy, Political Ignorance, and Constitutional Reform In Democracy, Political Ignorance, and Constitutional Reform, Professors Ilya Somin and Sanford Levinson discuss the constitutional implications of a federal government whose "size, scope, and complexity" are far beyond anything that the framers could have possibly imagined and an electorate that is more likely to be able to name the Three Stooges than the three branches of their government. [read post]
27 Jun 2007, 6:20 pm
At Volokh Conspiracy, Ilya Somin has this reaction to the Wilkie decision, which he fears suggests that "there is no remedy for property owners seeking to protect themselves against government retaliation for the exercise of their constitutional property rights"; Jonathan Adler has this analysisof the majority opinion and dissents and these thoughts on Wilkie and the "War on the West"; Somin follows up here. [read post]
14 Aug 2023, 10:55 pm
Somin's argument appears to assume that conviction is assured. [read post]
13 Jan 2025, 5:01 am
Then again, it may also make Ilya Confusion harder to discern, because the most common way I recognize interlocutors who are thinking of "the other Ilya" (Somin) is when they reference my blogging on this site. [read post]
8 Aug 2016, 9:05 pm
An extraordinary tale of fraud and justice: Second Circuit puts definitive kibosh on tainted $9 billion Chevron/Ecuador judgment [decision, Debra Cassens Weiss, ABA Journal, our coverage over many years] “Attorney Who Took Chevron to Court for $18 Billion Suspended by Amazon Defense Front” [Roger Parloff, Fortune] New Zealand accords legal personality to river and former national park through treaty settlements with Maori groups [New York Times] “The looting of Volkswagen: The… [read post]
6 Apr 2020, 2:59 am
” A First Amendment botch that SCOTUS should correct [Ilya Shapiro and Michael Collins on Cato Institute brief] “Reviving the Contract Clause: An Acid Test for Originalism” [John McGinnis] “Indiana Supreme Court Applies Eighth Amendment to Curb ‘Oppressive’ Asset Forfeitures” [Ilya Somin in November; earlier on Timbs v. [read post]
21 Jan 2016, 9:22 pm
[Arnold & Porter via Kyle White, Abnormal Use] “The emerging cross-ideological consensus on zoning” [Ilya Somin] “Zoning Laws Transfer Wealth in the Wrong Direction” [Noah Smith] Time for Supreme Court to revisit its doctrine on exhaustion of state litigation remedies in takings cases [Ilya Shapiro, Cato] Pulitzer logrolling, politicization of Columbia J-school are old stories, but vendetta against Exxon adds a few new twists [Fraser Seitel,… [read post]
20 Feb 2020, 2:59 am
” [Ilya Somin] Federal law forbids attorneys and advocates to “encourage” an alien to reside unlawfully in the U.S. [read post]
14 Dec 2018, 3:01 am
BEJ Minerals] “Government Should Compensate Property Owners for Flood Damage It Facilitated” [Ilya Shapiro and Patrick Moran on Cato amicus petition for certiorari in St. [read post]
6 Oct 2015, 9:05 pm
More: Sean Higgins, John Fund; Proposed anti-soft-drink laws favored by Michael Bloomberg & Co. have been mostly shot down, but New York Times eager to credit politicians anyway for the drop [more: Jacob Sullum]; We interrupt the campaign season propaganda-fest with news of an actual issue sighting, on regulatory reform [Ira Stoll, Veronique de Rugy on Jeb Bush plan] After Obama initiative to eliminate red tape, agencies added $14.7 billion in regulatory costs [Sam Batkins, American Action… [read post]
16 Jul 2012, 9:07 pm
Prediction: Homeland Security to emerge as major regulatory agency prescribing security rules to private sector [Stewart Baker] Regulators fret: air travel’s gotten so safe it’s hard for us to justify new authority [Taranto via Instapundit] “Romney’s regulatory plan” [Penn RegBlog] Claim: frequent expert witness in Dallas court proceedings is “imposter” [PoliceMisconduct.net] “‘Temporary’ Takings That Cause Permanent Damage Still… [read post]
9 Dec 2015, 2:30 pm
Early commentary comes from David Rivkin and Andrew Grossman at Cato Institute, which also features commentary from Ilya Shapiro, Debra Cassens Weiss of ABA Journal, Ian Millhiser at ThinkProgress, Ilya Somin at the Volokh Conspiracy, Libby Nelson at Vox, Cristian Farias of Huffington Post, Stephanie Mencimer of Mother Jones, Lincoln Caplan for The New Yorker, Lisa Soronen at The Council of State Government’s Knowledge Center, with additional analysis, Kimberly… [read post]
22 Jun 2019, 8:55 am
” Ilya Shapiro has one quick reaction and Ilya Somin, who has written extensively on Knick and the constitutional issues it raises, has another. [read post]
6 Apr 2015, 9:05 pm
Department of Agriculture [Trevor Burrus, Ilya Somin, earlier] Organized campaign to disrupt Supreme Court sittings is sure to raise the concern of groups devoted to backing judicial independence. [read post]
17 May 2007, 12:16 pm
Sunstein had this piece (registration req'd) in The New Republic discussing the absence of liberal visionaries on the current Court; Jack Balkin reponds here at Balkinization; and Ilya Somin weighs in here at Volokh Conspiracy. [read post]