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9 Oct 2019, 2:59 am by Walter Olson
Ilya Somin analyzes the outcome in the new Cato Supreme Court Review [more, earlier] But who will build the roads? [read post]
7 Oct 2019, 8:51 am by Ilya Somin
[The court rejected the four states' claims that the cap on the SALT deduction enacted in the 2017 tax act violated the Tenth Amendment and "coerced" states.] [read post]
6 Oct 2019, 6:14 am by Immigration Prof
In the Atlantic ("Immigration Law Defies the American Constitution"), law professor Ilya Somin criticizes the general immunization of the immigration laws from constitutional scrutiny. [read post]
3 Oct 2019, 8:50 am by Ilya Somin
[The article explains why we should do away with legal doctrines that largely exempt immigration restrictions from constitutional constraints that apply to virtually every other exercise of government power.] [read post]
3 Oct 2019, 4:00 am by Eric Segall
 Randy Barnett and Ilya Shapiro would like to overturn much of the administrative state through their brand of originalism via "judicial engagement", though Michael McConnell would absolutely deny judges that role under his version of originalism. [read post]
1 Oct 2019, 7:00 am by Ilya Somin
[The PRC committed the biggest mass murder in the history of the world, and numerous other atrocities and human rights violations, some of which go on at this very moment.] [read post]
28 Sep 2019, 11:19 am by Ilya Somin
[If Trump used withholding of aid as leverage to pressure Ukraine into investigating Joe Biden, he both violated the Constitution and committed a federal crime. [read post]
24 Sep 2019, 8:05 pm by Ilya Somin
[If Trump threatened to withhold aid funds in order to pressure Ukraine into investigating Joe Biden and his son, he undermined Congress' power of the purse. [read post]
21 Sep 2019, 11:54 am by Ilya Somin
[As Trump's trade wars demonstrate, giving the president unilateral authority to impose tariffs is both dangerous and unconstitutional. [read post]
13 Sep 2019, 7:25 am by Bridget Crawford
Below the fold are the results of the 2019-2020 Law Professor Twitter Census. [read post]
13 Sep 2019, 12:30 am by Lawrence Solum
Ilya Somin (George Mason University - Antonin Scalia Law School, Faculty) has posted Making Federalism Great Again: How the Trump Administration's Attack on Sanctuary Cities Unintentionally Strengthened Judicial Protection for State Autonomy (Texas Law Review (Symposium on “Reclaiming—and Restoring—Constitutional Norms”), Vol. 97, pp. 1247-1294, 2019) on SSRN. [read post]
12 Sep 2019, 12:30 pm by Lawrence Solum
Ilya Somin (George Mason University - Antonin Scalia Law School, Faculty) has posted Book Review, The US Supreme Court and the Centralization of Federal Authority, by Michael A. [read post]
10 Sep 2019, 12:42 pm by Lawrence Solum
Ilya Somin (George Mason University - Antonin Scalia Law School, Faculty) has posted Knick v. [read post]
30 Aug 2019, 7:44 pm by Ilya Somin
[If the court that hears the cases stands to profit from the fines paid by defendants, that's a violation of the Due Process Clause of the Constitution. [read post]