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12 Dec 2018, 8:57 am by Ezra Rosser
§ 1373, absent specific spending clause obligations, threatens to run afoul of federalism principles as laid out in the Supreme Court case Printz v. [read post]
27 Jul 2018, 2:30 pm by Ilya Somin
Indeed, it merits the description 'empty formalistic reasoning of the highest order.'" Printz [v. [read post]
7 Jun 2018, 10:39 am by Ilya Somin
It cannot do that by simply ordering them to do so (as in the Supreme Court case of Printz v. [read post]
14 May 2018, 11:40 am by Jeff Welty
Doing so, New Jersey contends, is a violation of the anticommandeering principle of Printz v. [read post]
1 Nov 2017, 9:01 pm by Vikram David Amar
In this setting, states and cities argue that the anti-commandeering principle prevents the feds from requiring state and local authorities to affirmatively provide information about or access to individuals who may have committed immigration law violations.Perhaps the most important Supreme Court case on this point is Printz v. [read post]
7 Aug 2017, 11:31 am by Scott Bomboy
Citing Justice Antonin Scalia’s opinion in the 1997 Printz v. [read post]
28 Mar 2017, 7:48 am by Scott Bomboy
Instead, Hirsch cited at length a decision written by the late Antonin Scalia in Printz v. [read post]
9 Feb 2017, 9:01 pm by Vikram David Amar and Michael Schaps
” In challenging this federal directive, San Francisco relies on principles of federalism as expounded in Printz v. [read post]
26 Jan 2017, 7:00 am by Ilya Somin
As the late conservative Justice Antonin Scalia explained in Printz v. [read post]
27 Nov 2013, 6:36 am by Will Baude
(Will Baude) Yesterday I posted the amicus brief that I and a group of constitutional law scholars filed in the Court’s recess appointments case, Noel Canning. [read post]
2 Apr 2012, 7:07 am by Marty Lederman
Over at the Volokh Conspiracy, my colleague Randy Barnett, who's representing the private plaintiffs in the ACA case, has written a post focusing upon Justice Kennedy's expressed concern that in order for the Court to uphold section 5000A of the ACA, it might have to issue what Randy calls an "unbounded" opinion, one that would permit Congress to require the purchase of virtually any product--an outcome that Justice Kennedy fears would “change the relationship of the… [read post]