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1 Sep 2023, 7:45 am by Ilya Somin
[The decision provides important protection for property rights, and features a powerful concurring opinion by prominent conservative Judge Amal Thapar.] [read post]
31 Aug 2023, 8:02 pm by Ilya Somin
[This awful idea is increasingly popular on the right, and has been embraced by several GOP presidential candidates.] [read post]
29 Aug 2023, 2:17 pm by Ilya Somin
[Conservative legal scholar William Hodes argues that federal restrictions on abortion are beyond the scope of Congressional power.] [read post]
18 Aug 2023, 12:40 pm by Ilya Somin
[This measure will enable Ukrainians in the US to live and work here legally until April 19, 2025. [read post]
17 Aug 2023, 2:05 pm by Ilya Somin
[It's the predictable result of the combination of federal regulations barring asylum seekers from working legally and local policies offering free housing, while severely restricting new housing construction.] [read post]
15 Aug 2023, 2:25 pm by Ilya Somin
[Trump's Georgia indictment has much in common with the most recent federal case against him. [read post]
15 Aug 2023, 9:35 am by Ilya Somin
[Congress should grant permanent residency to Afghans who came to the US fleeing the fall of their country to the brutal Taliban regime.] [read post]
14 Aug 2023, 5:36 am by Guest Author
This is Volume IV of the major questions doctrine (“MQD”) reading list. [read post]
10 Aug 2023, 9:16 pm by Ilya Somin
[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]
10 Aug 2023, 2:18 pm by Ilya Somin
[The argument is contrary to the text and original meaning of the Constitution, goes aginst precedent, and would have absurd consequences if accepted by courts.] [read post]
9 Aug 2023, 2:44 pm by Ilya Somin
[Giving presidents impunity for using force and fraud to try to nullify election results is far worse than any potential risk of prosecuting Trump.] [read post]
7 Aug 2023, 9:56 pm by Ilya Somin
[Survey data casts doubt on the textualist rationale for the major questions doctrine that I and others have advanced. [read post]
5 Aug 2023, 3:42 pm by Ilya Somin
[Recent articles by Lawfare and Walter Olson perform a valuable service on this front.] [read post]
4 Aug 2023, 8:30 am by Ilya Somin
[The game enables you to develop a would-be immigrant character with a wide range of possible characteristics and see whether you can get him or her admitted into the United States.] [read post]
4 Aug 2023, 7:30 am by Ilya Somin
[Eli Kahn and Salim Furth provide overview of developments in the states, and lessons that can be learned.] [read post]
3 Aug 2023, 11:35 pm by Ilya Somin
[The 2-1 ruling (divided along surprising ideological lines) is a win for the administration. [read post]
1 Aug 2023, 9:49 pm by Ilya Somin
[His attempt to stay in power despite losing an election is well worthy of prosecution and punishment, on grounds of retribution and deterrence.] [read post]
31 Jul 2023, 3:56 pm by Ilya Somin
[The program extends the successful Uniting for Ukraine policy to migrants fleeing Cuba, Nicaragua, Venezuela, and Haiti.] [read post]