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Commandeering

10th Amendment | NA

Commandeering

Federal Court Strikes Down Immigration-Related Subpoenas of Minnesota Officials on Anti-Commandeering Grounds

The court ruled the subpoenas were part of an unconstitutional effort to coerce Minnesota state and local governments into giving up their immigration "sanctuary" policies.

Ilya Somin |The Volokh Conspiracy | 6.22.2026 4:37 PM

Commandeering

Gordon-Darby Prepares to Renew Effort to Commandeer New Hampshire in Order to Maintain Emissions Testing Contract

Since it lost its first case on technical procedural grounds, the company plans to try again.

Jonathan H. Adler |The Volokh Conspiracy | 6.6.2026 10:34 AM

Commandeering

Is the Endangered Species Act Being Used to Commandeer State Governments?

A webinar discussion of whether we are seeing conservation commandeering.

Jonathan H. Adler |The Volokh Conspiracy | 6.6.2026 9:57 AM

Commandeering

First Circuit Stays Court Order Commandeering New Hampshire (Though Doesn't Rely on Anti-Commandeering Arguments)

The appellate court rightly concludes that Gordon-Darby's lawsuit had multiple legal problems.

Jonathan H. Adler |The Volokh Conspiracy | 5.1.2026 4:58 PM

5105566100_2d5ef8dbe2_k | "Endangered Florida manatee (Trichechus manatus), Crystal River National Wildlife Refuge, Florida" by USFWS Endangered Species is licensed under CC BY 2.0. To view a copy of this license, visit https://creativecommons.org/licenses/by/2.0/?ref=openverse.

Commandeering

Will the Eleventh Circuit Allow the Endangered Species Act to Commandeer the Florida Department of Environmental Protection?

A pending case will test whether courts are willing to enforce the anticommandeering doctrine in the context of environmental protection.

Jonathan H. Adler |The Volokh Conspiracy | 4.17.2026 10:04 AM

Commandeering

Confusion about Commandeering

Whether the issue is immigration enforcement or environmental law, states are not obligated to enforce federal laws.

Jonathan H. Adler |The Volokh Conspiracy | 3.3.2026 10:54 AM

Commandeering

The Unconstitutional Commandeering of New Hampshire Continues

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.

Jonathan H. Adler |The Volokh Conspiracy | 2.27.2026 1:34 PM

SanctuaryCity2 | NA

Immigration

My New Dispatch Article, "In Defense of Sanctuary Cities"

It explains how sanctuary policies are justified on both constitutional and moral grounds.

Ilya Somin |The Volokh Conspiracy | 2.19.2026 8:26 AM

ICE Logo | NA

Federalism

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.

Ilya Somin |The Volokh Conspiracy | 2.2.2026 6:28 PM

Commandeering

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.

Jonathan H. Adler |The Volokh Conspiracy | 1.31.2026 1:21 PM

Federalism

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.

Jonathan H. Adler |The Volokh Conspiracy | 1.31.2026 10:06 AM

Donald Trump

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.

Ilya Somin |The Volokh Conspiracy | 1.30.2026 12:58 PM

Federalism

King County (Wash.) Violated Constitution and Contract by Trying to Ban ICE Flights Through Its Airport

Eugene Volokh |The Volokh Conspiracy | 11.29.2024 5:33 PM

Montana

Sanctuary Cities

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.

Ilya Somin |The Volokh Conspiracy | 4.25.2021 5:08 PM

SanctuaryCity2 | NA

Sanctuary Cities

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.

Ilya Somin |The Volokh Conspiracy | 2.26.2020 11:59 PM

CaliforniaFlag3 | California

Sanctuary Cities

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.

Ilya Somin |The Volokh Conspiracy | 10.29.2019 3:47 PM

Sanctuary Cities

'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.

Ilya Somin |The Volokh Conspiracy | 3.6.2019 5:46 PM

Federalism

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.

Ilya Somin |The Volokh Conspiracy | 12.4.2018 12:41 PM

Federalism

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.

Ilya Somin |The Volokh Conspiracy | 7.27.2018 5:30 PM

Federalism

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.

Ilya Somin |The Volokh Conspiracy | 6.7.2018 1:39 PM

Federalism

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.

Ilya Somin |The Volokh Conspiracy | 5.16.2018 3:30 PM

Federalism

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.

Ilya Somin |The Volokh Conspiracy | 5.14.2018 12:49 PM

Federalism

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.

Ilya Somin |The Volokh Conspiracy | 4.8.2018 10:15 AM

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