The Founders could not have possibly imagined the Commerce Clause covering an eviction moratorium.
The national eviction moratorium and Arizona’s business restrictions were based on dubious assertions of authority.
Two district court decisions have upheld the moratorium against various challenges, while one has ruled against it. The legal battle may be just beginning.
A nationwide ban on evictions is well outside the congressional power to regulate interstate commerce, ruled U.S. District Judge J. Campbell Barker on Thursday.
Democratic Warnings That Confirming Amy Coney Barrett Would Doom Obamacare Are Implausible and Confused
There is little reason to think Barrett would vote to overturn the Affordable Care Act, which in any case seems legally secure.
Supreme Court Justices in Texas and Pennsylvania Emphasize That COVID-19 Lockdowns Require Judicial Scrutiny
Not everything that states do in the name of protecting public health is consistent with the Constitution.
The article explains why the coronavirus crisis does not justify weakening constitutional limits on federal government power.
The president has a history of asserting powers he does not actually have.
are generally constitutional (whether they forbid travel to a particular place, or require travelers to be temporarily quarantined).
The shifting understanding of the requirement to buy health insurance elevates form above substance.
A new paper raises constitutional questions about expansive state-level regulations that reach beyond their borders.
Where does Congress get the authority to redundantly criminalize abuse of mammals, birds, amphibians, and reptiles?
An important element of standing has already been decided by the Court
Understanding NFIB v. Sebelius
Appellate Court Upholds Constitutionality of Federal Hate Crimes Act Conviction Based on the Commerce Clause
The decision is a complicated ruling that potentially sets a dangerous precedent for the scope of federal power under the Constitution.
Justice Department Decides Not to Appeal Court Ruling Striking Down Federal Law Banning Female Genital Mutilation
The decision is likely to be unpopular. But it is the right thing to do nonetheless, as the law is unconstitutional. Not every evil must be addressed by a federal law.
Tennessee alcohol merchants are asking the Supreme Court to uphold an absurd residency requirement that shields them from competition.
William Barr does not like legalization but says Congress has to resolve the "untenable" conflict between state and federal law.
In a case SCOTUS will hear next month, victims of Tennessee's protectionism argue that it flouts the 14th Amendment as well as the Commerce Clause.
Cases in which a majority of the Court fell down on the job.
A post based on my presentation at a panel on mandatory national service organized by the National Commission on Military, National, and Public Service.
Cornell law professor Michael Dorf asks whether Clarence Thomas would vote to strike down federal laws restricting abortion, on federalism grounds. The answer might well be yes. But the issue would have to be presented to him in the right way.
Congress can't "commandeer" state legislators, but it can achieve the same result with "preemption."
There is no justification for a proposed law that would make attacks on police officers a federal crime.
The attorney general's reversal of an Obama policy limiting prosecution of marijuana businesses in states that have legalized marijuana is a limited, but potentially dangerous step.
Two states attempt to dictate how farmers outside their boundaries treat their animals.
How to think about gay wedding cakes, Fourth Amendment rights, and whether the federal government can ban sports betting. Plus: How will Neil Gorsuch vote?
A potential Supreme Court case challenges federal protection of an intrastate species with no commercial value.
Law amended to make sure meat processors comply with federal regulations.
The 'Do Not Flush' fight provides a perfect case study in arbitrary regulation and government incompetence.
States like Massachusetts attempt to control how farms outside their borders operate.
Can U.S. courts compel non-citizens to pay restitution to other non-citizens for crimes that took place abroad? Apparently so.
Michigan lawmakers and the Twenty-First Amendment stink.
Large farms have been stung by two recent setbacks. What's next?
Unless a Federal Court Acts Fast, Vermont's GMO Labeling Law Will Wreak Havoc on the Nation's Food Supply Next Week
It's set to take effect next week and will cost food companies for no good reason.
Sen. John Thune (R-S.D.) wants answers from Mark Zuckerberg and company over allegations of political bias in curated news feed.
Where other conservatives see cannabis chaos, Mike Ritze sees a victory for federalism.
Oklahoma and Nebraska say legal marijuana is like state-authorized pollution.
The Texas governor suggests nine amendments "to restore the rule of law."
Your tax-deductible donations helped produce a legal free-speech victory just this week
And yet: The Commerce Clause is magic!, say lawmakers
The answer? Farmers.