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.
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.
The ruling is notable in underscoring how the Supreme Court's sports-betting decision in Murphy v. NCAA helps sanctuary cities.
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.
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.
The Supreme Court's invalidation of a federal law preventing state legalization of sports gambling strengthens protection for state autonomy from the federal government.
The various lawsuits pitting the Trump administration against sanctuary jurisdictions has important implications for constitutional federalism that go beyond immigration policy.