A preliminary injunction will keep Kalshi and Polymarket active in the state after a district judge found federal law preempts the state's ban.
It explains why Trump is wrong and how federalism can help counter his efforts to subvert the 2026 midterm elections.
The book is an important new account of the early constitutional and political history of American migration policy.
Courts allow litigants to commandeer state and local governments under the Endangered Species Act.
Even under the Supreme Court's highly elastic understanding of that clause, Thomas says, such laws do not qualify as regulation of interstate commerce.
Two Canadian provinces - Alberta and Quebec - may hold secession referenda in the near future. The issues at stake have broader implications for the morality of secession and other matters.
Since it lost its first case on technical procedural grounds, the company plans to try again.
A webinar discussion of whether we are seeing conservation commandeering.
The country should rediscover its decentralized roots to revive freedom and national pride.
That defense applies only when an officer "reasonably" believed he was acting within his federal authority.
The appellate court rightly concludes that Gordon-Darby's lawsuit had multiple legal problems.
Bootleggers, Baptists, and the fight over who gets to write America's self-driving car rules.
So the Ninth Circuit held yesterday.
Plus: Does Trump expect to lose the birthright citizenship case?
The decision is at odds with a recent ruling by the Fifth Circuit.
A pending case will test whether courts are willing to enforce the anticommandeering doctrine in the context of environmental protection.
The ruling holds the law exceeds Congress' authority under the tax power and the Necessary and Proper Clause. But it does not consider the Commerce Clause.
A week after Bernie Sanders introduced legislation to pause AI data center construction indefinitely, Maine is poised to institute the first statewide ban.
The National AI Policy Framework is a return to the administration's pro-AI position.
A Federalist Society forum on the first big case of OT 2026.
Whether the issue is immigration enforcement or environmental law, states are not obligated to enforce federal laws.
Judge McCafferty refuses to stay her unconstitutional injunction, and it appears the state AG's office is still failing to raise its strongest constitutional defense.
The Supreme Court granted certiorari in Suncor Energy v. County Commissioners of Boulder County
It explains how sanctuary policies are justified on both constitutional and moral grounds.
A combination of legal action and political resistance helped deal Trump a defeat.
Trump's call to "nationalize elections" leads prominent election law scholar Rick Hasen to reverse his longstanding support for such a policy.
It's a bad idea, just like it was a bad idea five years ago when Democrats proposed something similar.
Although a federal judge declined to issue a preliminary injunction requested by Minnesota and the Twin Cities, the plaintiffs should still prevail on their claims that the federal government’s actions there are unconstitutional.
There may be lots of things wrong with the way the Trump Administration is handling immigration enforcement in Minneapolis, but commandeering is not among them.
The "Live Free or Die" state effectively acquiesces to unconstitutional commandeering of the state government under the Clean Air Act.
The article describes the suit, and explains why it deserves to prevail.
"The Framers...designed a system in which the State and Federal Governments would exercise concurrent authority over the people," wrote Justice Antonin Scalia.
The plan violates multiple constituitonal provisions and goes against Supreme Court precedent. If somehow allowed to stand, it would gravely imperil federalism and the separation of powers.
There is no evidence that institutional investors increase prices. Barring them from the market could actually exacerbate the housing crisis.
The main practical benefits would be tax relief for the cannabis industry and fewer barriers to medical research.
Only time will tell if the president's order achieves its stated purpose of checking state laws that threaten to stymie innovation.
In America, we judge people according to the content of their character, not the behavior of a narrow minority of their coethnics.
Columbia Prof. Philip Hamburger urges the Supreme Court to hear this caseand take the opportunity to overturn Gonzales v. Raich.
Raich is one of the Court's worst federalism decisions, holding that Congress's power to regulate interstate commerce allows it to ban possession of marijuana that never crossed state lines, and was never sold in any market.
Without federal preemption, a regulatory thicket of state AI laws threatens to slow the technology's development.
A spending bill approved as part of the package that ended the federal shutdown aims to close a loophole that gave birth to $28 billion industry.
I coauthored the article with four other legal scholars from across the political spectrum.
Congress justified that National Firearms Act of 1934 as a revenue measure—a rationale undermined by the repeal of taxes on suppressors and short-barreled rifles.
Judge Willett thinks that some federal statutes have been interpreted and applied in ways that conflict with the notion that the federal government only has limited and enumerated powers.
U.S. District Judge Karin Immergut concluded that the president's description of "War ravaged Portland" was "simply untethered to the facts."
This is the second lawsuit in a week challenging the Trump administration's National Guard deployments absent a qualifying emergency.
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