Broader Implications of the Supreme Court's Sports Gambling Decision
Commentators are right to suggest that Murphy v. NCAA will help sanctuary cities, but wrong to claim it is like to undermine federal laws restricting state taxes.
Immigration
Is Trump Just Doing the Crazy Things Republicans Always Promised?: Podcast
From ripping families apart to nominating a torture-enabler as CIA director, the administration is calling the GOP's bluff, Reason editors argue.
The Case for Abolishing the Requirement that the President Must be a "Natural Born" Citizen
I am reposting my 2016 post on this subject, on the occasion of Kevin Walsh's guest-blogging stint addressing the same issue.
Trump's Restrictionist Policies Hurt U.S. Businesses Along with Immigrants
Unemployment is down, but low- and high-skilled immigrants can't get in.
Sports Gambling Decision is a Major Victory for Federalism
The Supreme Court's invalidation of a federal law preventing state legalization of sports gambling strengthens protection for state autonomy from the federal government.
Trump's Official Policy: If You Cross the Border, We'll Kidnap Your Children
The president hopes that forcibly separating parents from their kids will deter illegal entry.
Undocumented Immigrants Make America Safer
Don't believe the falsehoods peddled by Trump and Sessions.
Human Trafficking Court in Delaware Shuts Down for Lack of Human-Trafficking Victims
The Delaware Criminal Justice Council found it difficult to "justify the resources that have been expend on so few" participants with such a "low rate of success."
Why the Trump Administration Keeps Losing in Court on Sanctuary Cities
It's all about the Constitution.
Do Family Values Stop at the Rio Grande for Conservatives?
They are crying for baby Alfie in England but ignoring the plight of families being separated at the border
Donald Trump Is Driving Ann Coulter Insane
Maybe she'll move to Mexico if he implements a guest worker program
Mike Pence Calls Lawbreaking Ex-Sheriff Joe Arpaio a 'Champion of the Rule of Law'
Because nothings says "rule of law" like a sheriff held in contempt for refusing to follow a judge's orders.
Undocumented Immigrants Are Less Crime Prone Than Native-Borns
More undocumented immigration meant less violent crime.
Conservatives Are Weeping Over the Plight of Britain's Baby Alfie. But Where Are Their Tears For Border Families Being Torn Apart by the Trump Administration?
Does their commitment to family values stop at the Rio Grande's edge?
My New Article on "Foot Voting, Decentralization, and Development"
This forthcoming article discusses how we can massively expand economic opportunity by making it easier for people to "vote with their feet," both domestically and through international migration.
The Sex Trafficking Charges Against Smallville Actress Allison Mack Are Totally Bogus
The federal charges against Mack highlight how human trafficking hysteria harms vulnerable women.
Thoughts on the Travel Ban Oral Argument
The justices' comments in the oral argument suggest this will be a close case that could easily go either way. The outcome could well turn on the views of that perennial swing voter, Justice Anthony Kennedy.
Why All Libertarians Should Hope that the Supreme Court Throws Out Trump's Travel Ban
Giving the government blanket power to check the Bill of Rights at the border won't serve the interests of citizens or immigrants
Pardon Jack Johnson
The White Slavery Panic of the late 19th/early 20th centuries caused Congress to pass the vaguely-worded Mann Act. It allowed the FBI and prosecutors broad discretion to go after individuals they didn't like.
My "The Hill" Op Ed on the Bill of Rights and the Travel Ban
Prof. Michael Mannheimer and I have coauthored an op ed explaining why the Bill of Rights limits federal power over immigration, and renders Trump's travel ban unconstitutional.
A Roundup of My Volokh Conspiracy Posts on the Travel Ban
On the eve of the of Supreme Court oral argument in the travel ban case, here are links to some of my more notable VC posts on the subject.
Don't Let Trump's Travel Ban Become a Road Map for Discriminatory Policies
If the Supreme Court rules that Trump's campaign statements cannot be used to prove that his travel ban order was an attempt to discriminate against Muslims, it could create a dangerous precedent.
Trump Suffers Yet Another Defeat in a Sanctuary Cities Case
The US Court of Appeals for the 7th Circuit affirms a district court ruling against the administration's efforts to deny federal grants to sanctuary jurisdictions.
College Republicans Get In Huge Trouble for Posting 'I.C.E. I.C.E. Baby' Signs
But dumb, offensive speech still isn't violence.
Trump to Indian Wives: Forget About Your American Dream
He wants to keep them in the kitchen with their "involuntary housewife visa"
Can Extremer Vetting Reduce the Already Tiny Risk of Terrorism?
A new Cato Institute study finds that screening of visitors, immigrants, and refugees is about as thorough as can reasonably be expected.
These California Kids Got In Trouble for Playing La Migra, a Game Where 'Border Agents' Chase 'Illegal Immigrants'
But it's a great game for gringos and Mexicans alike.
Thanks, Trump! Los Angeles Finally Legalizing Street Vendors to Protect Poor Immigrants From Crackdowns
A bill in the California senate could legalize street vending across the state.
Trump Should Bring Syrians to America, Not Dispatch American Missiles to Syria
He should stop gutting America's refugee program.
Neil Gorsuch and Clarence Thomas Clash Over Due Process and Immigration Law
The two justices face off in Sessions v. Dimaya.
Neil Gorsuch Joins Liberals in 5-4 SCOTUS Opinion Striking Down Portion of Federal Immigration Law
The Supreme Court rules against the federal government in Sessions v. Dimaya.
Backpage Plea to Texas Sex Trafficking Charge Turns On CEO's Admission to Brokering Adult Prostitution
Backpage CEO Carl Ferrer turned over the company and seven other executives in exchange for leniency.
Backpage Founder's 93 Charges Lack Actual Sex-Trafficking Claims
Indictment reveals money-laundering, conspiracy charges, and a tricky federal law known as the Travel Act.
Bombs Away in Syria: Podcast
How will Trump and new national security adviser John Bolton respond to a reported chemical attack in a war-ravaged country?
My new "The Hill" Op Ed on Federalism and the Legal Battle Over Sanctuary Cities
The various lawsuits pitting the Trump administration against sanctuary jurisdictions has important implications for constitutional federalism that go beyond immigration policy.
Feds Seize Control of Backpage.com; Founder Faces 93-Count Indictment
Site had long been a target for sex work and sex trafficking advertisements.
Newspapers Care Much More About Bashing Sinclair Than Criticizing an Unconstitutional Attack on Free Speech
5 editorials call for the federal government to thwart Sinclair's expansion efforts in wake of creepy promo video; meanwhile you can count the number of anti-FOSTA eds on one finger
Wait: Why Do We Need MORE Troops To Stop FEWER Illegals?
The Trump administration is wasting time, money, and people by sending National Guard members to the U.S.-Mexico border.
Trump's National Guard Deployment to the Border Is Political Theater, Just Like Obama's and Bush's
Border Patrol guards average just two illegal-immigrant apprehensions per month; they don't need reinforcements.
Trump Wants the U.S. Military 'To Secure' the U.S.-Mexico Border
If the president sends active-duty Army troops to the border without congressional approval, he will be acting in violation of federal law.
Trump's Increasingly Lawless Quest to Enforce a Bogus Rule of Law on Immigration
He is trashing the First Amendment to stifle the immigrant rights movement.
New Backpage Ruling Lays Bare Some of the Lies Undergirding FOSTA
The ruling allows a civil suit against Backpage to proceed for one of the case's three plaintiffs.
Trump Bravely Kills the Already Dead DACA Fix
Only a man with a big heart can dump on foreign workers while enjoying their services.
Constitutional Law Scholars' Amicus Brief in the Travel Ban 3.0 Case Explains Why the Bill of Rights Restricts Federal Power over Immigration
The brief, which I coauthored on behalf of myself and six other legal scholars explains why the Bill of Rights constrains federal power over immigration no less than other types of federal power.
Supporters of the Census Citizenship Question Expose the Administration's Dishonest Justifications
A higher non-response rate among illegal immigrants is a goal to be celebrated, not some minor potential side effect to be lamented, Kris Kobach, David Vitter, and other would-be gerrymanderers stress.
ICE Trashes the First Amendment to Suppress Immigrant Activists
The Trump administration is violating the rule of law in the name of upholding it.
Mitt Romney Reminds Us That Trump Isn't as Extreme on Immigration as the 2012 GOP
Even our restrictionist president has yet to go full Romney.
