The issue of sanctuary cities has increasingly been in the news in recent years. The Trump administration has threatened to cut off funds to sanctuary jurisd...
Ilya SominVideo of @FedSoc panel on sanctuary cities, where I took on former AG Jeff Sessions, among others. You can guess who defended constitutional federalism, and who argued for overbearing federal govt undermining constitutional limitations on its power.
Tomorrow, the Supreme Court will hear three consolidated cases challenging the Trump administration's decision to rescind DACA, an Obama administration
Ilya SominThe claim that DACA is illegal is a central focus of the Trump admin's justification for repeal. While Trump may win DACA cases even without this argument, the administration has put a lot of eggs in this basket. Those eggs richly deserve to be crushed.
Since 2007, I have advocated designating May 1 as an international Victims of Communism Day. The May 1 date was
Ilya SominNov. 7 is anniversary of the Bolshevik seizure of power in Russia, and therefore worth considering as possible date for Victims of Communism Day. Not as good as May 1, in my view. But more than good enough to support if it can attract a broader consensus.
In April, the US Court of Appeals for the Ninth Circuit ruled against the Trump administration on most of the
Ilya SominMy take on Trump administration's effort to take the California "sanctuary state" ruling to the Supreme Court. It's a case Trump richly deserves to lose. Contrary ruling would be serious blow to constitutional federalism.
Earlier today, federal district judge Judge David Briones issued a decision holding that it is illegal for President Trump to
Ilya SominMy take on today's federal court decision ruling against Trump's attempt to use "emergency" declaration to divert funding for his border wall. This is first decision addressing use of emergency powers for that purpose.
Thirteen legal experts respond to the Trump administration’s refusal to comply with the House’s impeachment inquiry.
Ilya SominI have contribution in @voxdotcom symposium on Trump refusal to cooperate w/impeachment inquiry. Participants include @kewhittington Victoria Nourse, Aziz Huq, & others. No disagreement on WH Counsel's awful arguments. Some on "constitutional crisis."
In July 2018, four blue states—New York, Connecticut, Maryland, and New Jersey—filed a lawsuit challenging the constitutionality of the cap
Ilya SominMy take on recent federal court decision dismissing lawsuit by 4 blue states that claimed cap on federal tax deduction for state/local tax payments was unconstitutional. Court rightly rejected this very weak claim, filed in defense of a bad policy.
Immigration restrictions have been held to a far lower constitutional standard compared with almost any other exercise of government power.
Ilya SominMy new article in @TheAtlantic explains why we should end double standards that largely exempt immigration restrictions from constitutional constraints that limit virtually every other exercise of government power.
As Trump's trade wars demonstrate, giving the president unilateral authority to impose tariffs is both dangerous and unconstitutional. Getting rid of it is likely to require a combination of litigation and political mobilization.
Ilya SominWhy the president's current nearly unconstrained power to impose tariffs is both dangerous and unconstitutional - and what it may take to get rid of it. In this post, I build on valuable article by @QuinHillyer.
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. The rulings have potential implications for other, similar conflicts of interest in the criminal...
Ilya SominMy take on two recent federal court rulings holding that it's violation of due process for state courts to profit from fees/fines they impose on defendants. Ruling has implications for similar conflicts of interest by police in, e.g., asset forfeiture.
Israel's decision to bar two US members of Congress from entering the country is part of a much broader problem. Many nations, including the US, have similar policies. Here's why such restrictions should be abolished.
Ilya SominIsrael barring entry to Reps. Tlaib & Omar is just one example of broader problem of governments (including US & European nations) denying entry based on political views. Here's why such policies are unjust in nearly all cases, and should be repealed.
Helpful analyses by David Bier of the Cato Institute and Reason's Shikha Dalmia explain why.
Ilya SominA brief post on Trump's new "public charge" rule, which is attack on immigration thinly disguised as effort to cut welfare. Those interested should check out excellent more detailed analyses by @David_J_Bier and @shikhadalmia, which I link in post!
Punishing employers is unjust for many of the same reasons as punishing the workers. And doing so harms the workers, too.
Ilya SominWe who oppose punishing/deporting undocumented immigrant workers should also oppose punishing businesses that hire them. Latter is unjust for many of same reasons as former, and predictably harms workers as well as employers.
The case was brought on the family's behalf by the Institute for Justice, a prominent public interest law firm.
Ilya SominMy take on @ij case against law requiring eviction of whole "household" if one resident commits a crime. Punishing entire families for crimes of one member is barbaric practice associated with authoritarian regimes. It's also unconstitutional.
The policy denies citizenship to some children of married US-citizen same-sex couples if the child is born abroad, in situations where the child of opposite-sex couples are automatically considered citizens. It is a clear case of unconstitutional...
Ilya SominWhy courts should strike down State Dept policy denying citizenship to some foreign-born children of US-citizen same-sex married couples. The rule is both cruel and unconstitutional.
Trump's recent bigoted tweet is an opportunity to highlight the flaws of this oft-heard, but weak, argument.
Ilya SominTrump's recent bigoted remarks (in addition to other flaws) provide an opportunity to examine flaws of the oft-heard - but weak - claim that migrants fleeing poverty & oppression have duty to go back and "fix their own countries."
The City of Baltimore has dropped its attempt to use eminent domain to take the Preakness Stakes Horse Race. But questions linger about the city's willingness to continue to use the threat of condemnation to force Preakness and other commercial...
Ilya SominUpdate on the Preakness Stakes takings case. Baltimore has - for now - dropped plan to use eminent domain to seize horse race to keep it from moving. But questions remain about policy going forward. I'm still a "neighsayer" on these kinds of takings