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23 Dec 2019, 5:17 pm by Ilya Somin
[Clark Neily's excellent proposal for addressing small, but troubling politice violations of constitutional rights.] [read post]
19 Dec 2019, 6:06 am by Howard Bashman
” Also at “The Volokh Conspiracy,” Ilya Somin has a post titled “Fifth Circuit Sends Obamacare Severability Issue Back to Square One — But not Quite; The appellate court remanded the most important issue in the case back to the district court; But its instructions will make it difficult for the trial judge to again rule that the entire Affordable Care Act must fall with the individual mandate. [read post]
18 Dec 2019, 5:55 pm by Ilya Somin
[The appellate court remanded the most important issue in the case back to the district court. [read post]
18 Dec 2019, 12:15 pm by Robert Thomas (
Here are some of the stories and analysis about yesterday's ruling by the Court of Federal Claims holding the federal government liable for a taking for the flooding following Hurricane Harvey in the Houston area: Lawprof Ilya Somin (always insightful, always useful) (Volokh) - Court Rules Federal Government Flooding of Homes During Hurricane Harvey is a Taking  Kiah Collier (Texas Tribune) - In win for Harvey victims, federal judge finds government liable for reservoir… [read post]
18 Dec 2019, 3:01 am by Walter Olson
Examples ranging from eminent domain and free speech to racial and religious discrimination contradict Attorney General’s suggestion that it’s unusual for modern courts to scrutinize motives behind government action [Milad Emam, Institute for Justice; Ilya Somin] Article deems it “unusual” that lawyer trying to get money out of Facebook on lurid sex-trafficking theories is a personal-injury specialist who’s pursued car-crash and insurance claims. [read post]
17 Dec 2019, 7:36 pm by Ilya Somin
[The decision is significant in itself and has important implications for other cases where the government deliberately damages private property in the process of coping with natural disasters.] [read post]
17 Dec 2019, 7:15 am by Ilya Somin
[The Volokh Conspiracy tradition of celebrating Saturnalia continues.] [read post]
10 Dec 2019, 2:02 pm by Ilya Somin
[In assessing impeachment, we should keep in mind Trump's usurpation of Congress' power over federal spending. [read post]
2 Dec 2019, 7:45 am by Ilya Somin
[VC-related holiday gifts for the whole family!] [read post]
1 Dec 2019, 5:54 pm by Howard Bashman
“Bill Barr is Wrong to Claim Courts Cannot Examine Government Motives; Assessment of motives is often an essential tool for protecting our constitutional rights”: Ilya Somin has this post online at “The Volokh Conspiracy. [read post]
30 Nov 2019, 10:01 am by Ilya Somin
[Assessment of motives is often an essential tool for protecting our constitutional rights. ] Attorney General William Barr.In a deservedly much-criticized recent speech before the Federalist Society, Attorney General William Barr outlined an extraordinarily expansive view of executive power. [read post]
28 Nov 2019, 4:00 am by Eric Segall
I’ve learned from folks like Jonathan Adler, Ilya Somin, and Chris Green, among many others, laughed heartily “with” folks I’ve never met in person like Scott Shapiro, and I’m told at least some of my con law twitter squabbles have been educational for some (if not annoying to others). [read post]
16 Nov 2019, 6:58 pm by Ilya Somin
[I took part in panels on these topics at the recent Federalist Society National Lawyers Convention] Volokh Conspiracy readers may be interested to see videos of two panels I participated in at this year's recently concluded Federalist Society National Lawyers Convention: "The Wisdom and Legality of Sanctuary Cities" and "Originalism and Constitutional Property Rights. [read post]
12 Nov 2019, 1:55 pm
Those eggs richly deserve to be crushed.— Ilya Somin (@IlyaSomin) November 12, 2019And here's the NYT article on today's oral argument, by Adam Liptak, "Supreme Court Appears Ready to Let Trump End DACA Program/The justices are considering whether the Trump administration can shut down a program that shields about 700,000 young immigrants from deportation. [read post]
11 Nov 2019, 8:08 pm by Ilya Somin
Like Josh and the "other" Ilya (see my handy guide to distinguishing the two of us), I believe the Supreme Court should do more to enforce the "non-delegation" doctrine, which prevents Congress from engaging in excessive delegation of legislative authority to the president. [read post]
9 Nov 2019, 7:40 am by Ilya Somin
[A happy occasion - but also one with lessons that remain urgent today.] [read post]