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18 May 2020, 11:38 am by Ilya Somin
[The symposium, which includes a contribution from me, reviews important new books on secession by Timothy William Waters and Frank Buckley.] [read post]
18 May 2020, 6:30 am by Guest Blogger
Buckley's American Secession: The Looming Threat of a National Breakup (Encounter Books, 2020).Ilya SominThe conventional wisdom on secession is that it is rarely justified and should only be used as a last resort for escaping severe oppression, as a means of “decolonization,” or perhaps to give autonomy to some  ethnic group that deserves a state of its own. [read post]
15 May 2020, 3:56 am by Edith Roberts
” Also at Volokh Conspiracy, Blackman and Ilya Somin exchange thoughts here, here and here about an advocate’s answers in Mazars. [read post]
14 May 2020, 7:15 pm by Jonathan H. Adler
As when the case was before the district court and Fifth Circuit, I have joined with Professors Nicholas Bagley, Abbe Gluck, and co-blogger Ilya Somin to file an amicus brief explaining why, whatever else courts conclude, the individual mandate is severable from what's left of the ACA. [read post]
13 May 2020, 3:34 pm by Josh Blackman
Ilya also mentions the commandeering doctrine. [read post]
13 May 2020, 6:00 am by JB
Next follows a terrific group of commentators-- who have all decided to go their own ways-- including Mark Graber (Maryland), Sandy Levinson (Texas), Michael Lind (Texas), Cynthia Nicoletti (Virginia), Ilya Somin (George Mason), Robert Tsai (American University), and myself. [read post]
12 May 2020, 6:30 pm by Ilya Somin
[Why the Supreme Court can rule in favor of Congress in the Trump financial records cases without thereby giving Congress any unlimited power.] [read post]
11 May 2020, 9:01 pm by Michael C. Dorf
As Professor Ilya Somin noted in an excellent column discussing Kelly’s implications, Trump’s efforts to coerce Ukrainian President Volodymyr Zelensky to announce investigations into Joe and Hunter Biden was a crime in violation of federal election law. [read post]
It will be a moderated discussion between two experts in the area, both of whom have been following the issue closely, and who have written about it: Professor Ilya Somin (George Mason Scalia School of Law) Professor F.E. [read post]
7 May 2020, 7:06 pm by Ilya Somin
UPDATE: In an update to his post, Josh Blackman writes: In response to co-blogger Ilya Somin's post, I do not think Kelly vindicated Trump, at all. [read post]
   We're going to be discussing the property and takings issues in an upcoming Federalist Society teleforum (open to the public, not just FedSoc members), along with lawprof Ilya Somin and Professor F.E. [read post]
1 May 2020, 12:51 pm by Ilya Somin
[The latest in a long series of setbacks to the adminstration's efforts to pressure sanctuary jurisdictions by attaching conditions to federal grants.] [read post]
1 May 2020, 9:54 am by Ilya Somin
[Why May Day should be a day to honor victims of an ideology that took tens of millions of lives. [read post]
1 May 2020, 7:00 am by Eric Segall
” Similarly, Professor Ilya Somin, a self-identifying originalist, has saidthat nearly all originalists recognize that originalism “is entirely consistent with updating the application of its fixed principles in light of new factual information. [read post]
29 Apr 2020, 5:52 pm by Ilya Somin
" Although many conservative jurists, including [Ilya] Somin himself, have criticized this controversial Supreme Court decision for giving the government too much leeway, Kelo can be turned on its head to support the argument that the takings clause, including its requirement of just compensation, applies to coronavirus lockdowns. [read post]
29 Apr 2020, 4:18 pm by Robert Thomas (
Lawprof Ilya Somin has, as usual, beat us to the punch, and we really can't much improve on what he said (see "Ninth Circuit Refuses to Reconsider Ruling that Mandating Union Organizer Access to Employer Property is not a Taking—but Eight Judges Dissent"). [read post]
29 Apr 2020, 12:59 pm by Ilya Somin
[The case is an important one that could be headed to the Supreme Court]   Earlier today, the US Court of Appeals for the Ninth Circuit refused to grant en banc reconsideration of a three judge panel decision in Cedar Point Nursery v. [read post]
27 Apr 2020, 3:15 am by Walter Olson
” [Jim Geraghty, National Review] “Public Education as Public Indoctrination” [Ilya Somin] Group that wants regulatory stringency of federal school lunch program to be decided in courtroom rather than at ballot box ironically styles itself “Democracy Forward. [read post]