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The Latest Breaking News from Ilya Somin

Trump Tests the Limits of Executive Orders

Making policy and passing laws is supposed to be difficult and should be left to the messy channels established by the Constitution.

Reason

Trump's Orders Feature Nonexistent Emergencies, Illegal Power Grabs, and Blatant Inconsistencies

But at least he restored respect for a tariff-loving predecessor by renaming a mountain.

Reason

With Executive Order Avalanche, Trump Continues Trend Toward a Monarchical Presidency

We have too much rule by decree by whoever currently holds the office of president and a pen.

Reason

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If it survives in court, Texas’ immigration law could upend immigration enforcement nationwide

Texas challenged federal supremacy by creating a state crime for illegal entry into the U.S. The courts will decide whether it’s constitutional — and whether other states can follow Texas’ lead.

The Texas Tribune

New London Gives $6.5 Million in Tax Breaks to Developer Planning to Build Housing on Land Condemned in the Kelo Case

The property has remained empty for almost twenty years, after the Supreme Court's controversial ruling upholding its condemnation to promote "economic development."

Reason

Federalism Could Heal a Divided Nation

There’s less reason to fight when one-size-fits-all policies are replaced with local diversity.

Reason

On The Loper Bright Side For Immigration Lawyers

How will the Board of Immigration Appeals operate in a world without Chevron?

Reason

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Why the End of Chevron Could Be a Win for Immigrants

“Immigration is an area of the law where the partisan alignments break down over Chevron.”

Reason

Mandatory National Military Service Is a Bad Idea

Donald Trump's acting Secretary of Defense Christopher Miller advocated the plan this week, which Trump later called a "ridiculous idea."

Reason

Justice Amy Coney Barrett's Pivotal Role In Supreme Court Cases

Justice Amy Coney Barrett's pivotal role in recent Supreme Court cases on abortion and presidential immunity showcases her ability to challenge arguments f...

Top News

From Prof. Adam Candeub on the Texas Social Media Law

I'm glad to be able to pass along this item from Prof. Candeub (who has written extensively on this general subject): The Texas social media law (H.B. 20) requires the major social media platforms to refrain from discrimination on the basis of viewpoint, thereby allowing those of all political, religious,…

Reason

Hamburger Responds: Prof. Somin Repeats His Errors

Round 3 in the debate between Hamburger and Somin over the First Amendment and Murthy

Reason

Abridging, Not Coercing, Is The First Amendment's Yardstick for Speech Violations

Philip Hamburger: Prof. Somin is mistaken about Murthy v. Missouri

Reason

Matt Yglesias on the Takings Clause and Curbing Exclusionary Zoning

Prominent political commentator and zoning reform advocate comments on my work on this topic (with Joshua Braver).

Reason

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Reason

Utah Tells the Feds To Pound Sand

The Beehive State joins a growing wave of defiance aimed at Washington, D.C.

Reason

Supreme Court Looks Poised To Gut Restrictive Social Media Laws

The First Amendment restricts governments, not private platforms, and respects editorial rights.

Reason

Politics Created the Border Crisis

Plus: A listener asks if libertarians are too obsessed with economic growth.

Reason

Donald Trump's Demand for Absolute Immunity for Crimes Committed While President Goes Far Beyond the Qualified Immunity Police Officers Get

Qualified immunity is a badly flawed doctrine the Supreme Court should abolish. But Trump's demands are much more extreme.

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Reason

The January 6th Riot Was Not Like the Civil War

A Response to Ilya Somin

Reason

January 6, 2021 Was Not an Insurrection

Noscitur a sociis.

Reason

More on Criminal Conviction and Section 3 Disqualification [Updated]

My response to conservative political commentator Conn Carroll's argument on this issue.

Reason

Vivek Ramaswamy Proposes a (Probably) Illegal Plan To End Birthright Citizenship

It’s highly unlikely that it would pass constitutional muster.

Reason

Prof. Larry Lessig (Harvard) Criticizing the § 3 Disqualification Argument as to Trump

An excerpt from Lessig's article in Slate (read the whole piece for more), discussing the same issue that has been discussed on this blog by Profs. Ilya Somin, Steve Calabresi, Will Baude, and Michael McConnell (and see also Jonathan Adler's post citing Prof. Derek Muller): The provision of the 14th…

Reason

My University of Virginia "Taboo Trades" Podcast on the "My Body, My Choice" Principle and its Implications

I took questions from University of Virginia law Prof. Kim Krawiec and a group of UVA law students.

Reason

What's the Libertarian Answer to New York's Migrant Crisis?

Plus: A listener asks the editors to name America's unsung or undersung heroes.

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