My New Dispatch Article, "In Defense of Sanctuary Cities"
It explains how sanctuary policies are justified on both constitutional and moral grounds.
Commandeering
Does the ICE Crackdown in Minnesota Violate the Tenth Amendment?
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.
Federal District Court Judge Rejects Minnesota's Anti-Commandeering Arguments Against DHS "Operation Metro Surge" (and with Good Reason)
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.
Private Suit Commandeers New Hampshire Government to Maintain Vehicle Emission Inspections
The "Live Free or Die" state effectively acquiesces to unconstitutional commandeering of the state government under the Clean Air Act.
My New Lawfare Article on "Minnesota's Compelling Tenth Amendment Case Against Trump's ICE Surge"
The article describes the suit, and explains why it deserves to prevail.
A Sanctuary State of the Right
Montana's new law refusing to help enforce federal gun restrictions is similar to liberal "sanctuary cities'" refusal to assist in federal immigration enforcement. Both are protected by Constitution.
Trump Wins Second Circuit Case Against Sanctuary Cities, in Ruling that Goes Against Broad Consensus of other Court Decisions
The decision allows the Justice Department to impose immigration enforcement conditions on federal grants to state governments, and goes against numerous other court decisions striking down the exact same policy.
Trump Administration Seeks Supreme Court Review of California "Sanctuary State" Case
California has largely prevailed in the lower courts, and the administration's petition focuses on the part of the law with the strongest backing from Supreme Court federalism precedent. It's a case the administration deserves to lose.
'Making Federalism Great Again'—My Forthcoming Texas Law Review Article on the Litigation Generated by Trump's Assault on Sanctuary Cities
My newly posted article explains how the administration's efforts have had the unintended effect of strengthening judicial protection for state autonomy.
Federal Court Rules Against Trump in Sanctuary Cities Case Brought by Seven States and New York City
The ruling is the latest in a long line of setbacks for the administration's efforts to punish sanctuary jurisdictions by withholding federal law enforcement grants.
Trump and Jeff Sessions Suffer Yet Another Defeat in Chicago Sanctuary City Case
The ruling is notable in underscoring how the Supreme Court's sports-betting decision in Murphy v. NCAA helps sanctuary cities.
Trump Suffers Another Defeat in Philadelphia Sanctuary City Case
The ruling is the latest in long line of defeats for the administration's efforts to cut federal grants to sanctuary jurisdictions. It breaks new ground by showing how the recent Supreme Court ruling in Murphy v. NCAA helps sanctuary cities.
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.
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.
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.
