Trump's Election Interference in California and Alaska Prompts a Series of Judicial Rebukes
Four federal courts say the Trump administration is trying to usurp the states' constitutional authority over elections.
Federalism
Trump's Claims About Noncitizen Voting Are 'Not Credible,' a Federal Judge Says in a Scathing Decision
U.S. District Judge David O. Carter rejected the Justice Department's demand that California officials segregate ballots from 20,000 voters it describes as "likely noncitizens."
Trump Sues to Block Alaska Senate Election Results Because of Potential Voter "Confusion"
The administration claims voters might be confused between two candidates named "Dan Sullivan."
Update on Canada's Two Secession Movements
Alberta secessionists lost a referendum by a large margin. Quebec secessionists are in better shape, but still facing an uphill struggle.
Supreme Court Will Hear Necessary and Proper Clause Case on Federal Law Banning Home Distilleries
The case is likely to be the most important Necessary and Proper Clause case since 2012.
Trump Loses Yet Another Sanctuary City Case—This Time Against New York City
Like numerous other federal courts in similar cases, this one rule sanctuary cities are protected by the Tenth Amendment.
California Law Generally Requiring Federal Law Enforcement Officers to Display ID Violates Supremacy Clause
The Ninth Circuit so held yesterday, reaffirming what it had said on a preliminary basis (in deciding on an injunction pending appeal) in April.
The NFL Chooses States, Not the CFTC, in Fight Over Prediction Market Regulation
The league's amicus brief warns about game integrity and underage betting, but the NFL has a financial stake in keeping prediction markets under state control.
Adler v. Kochan on Suncor Energy v. Boulder County
A just released episode of the Blessings of Liberty podcast.
As Suncor Approaches, Justice Alito Recuses
The petitioners appear to lose a vote they might need in Suncor Energy v. Boulder County.
California Wants to Write America's AI Rules
Newsom's expert panel has two months to consider new AI rules, including "kill switches," that could spread nationwide.
How a Street Brawl Led to a 5th Circuit Case That Casts Doubt on the Constitutionality of Many Federal Laws
Challenging his conviction for illegal gun possession, Curtis Squire argues that the Commerce Clause cannot justify bans on intrastate, noncommercial conduct.
Marijuana Contracts Are Not Enforceable in Federal Court
Just because marijuana is legal under state law does not mean marijuana is legal -- a useful reminder.
First Circuit Refuses to Stay District Court Injunction Against Trump's Executive Order on Mail-In Voting
The Court rightly ruled the executive branch has no authority to restrict mail-in voting.
Trump's Executive Order on Mail-in Ballots is an Assault on Federalism and Separation of Powers
It seeks to usurp state and congressional power over election administration.
Trump Loses Two More Sanctuary City Cases - And Picks up A Rare Win
The unusual victory arises from a connection to the Contracts Clause.
Is This the Supreme Court's Next Sports Betting Case?
Plus: SCOTUS allows Trump’s White House ballroom construction to proceed.
A Gun Ruling Highlights the Tricks Congress Uses To Evade Limits on Its Power
During the last century, the Commerce Clause has replaced the Taxing Clause as an excuse for federal legislation.
1 Year Later, Why Is the National Guard Still in D.C.?
As the National Guard deployment stretches into its second year, questions remain about why the $55 million-per-month show of force is necessary at all.
A Federal Judge Rejects National Firearms Act Regulations, Saying Their Tax Rationale No Longer Applies
When Congress eliminated taxes on suppressors, short-barreled rifles, and short-barreled shotguns, it also eliminated the constitutional justification for regulating them.
Gordon-Darby Renews Attempt to Commandeer New Hampshire Through the Clean Air Act
A renewed suit seeking to leverage the Clean Air Act in pursuit of lucrative government contracts.
Amicus Brief in Suncor Energy v. County Commissioners of Boulder County
In the upcoming climate change case the Supreme Court should reject the industry and Trump Administration arguments for preemption-by-penumbra.
Federal Judge Halts Minnesota's Prediction Market Ban, Signaling Other States' Efforts Might Be Illegal Too
A preliminary injunction will keep Kalshi and Polymarket active in the state after a district judge found federal law preempts the state's ban.
My New Boston Globe Article on Trump's Bogus Election Fraud Claims
It explains why Trump is wrong and how federalism can help counter his efforts to subvert the 2026 midterm elections.
My New Jotwell Review of Anna Law's Book "Migration and the Origins of American Citizenship"
The book is an important new account of the early constitutional and political history of American migration policy.
Conservation Commandeering Is Still Commandeering
Courts allow litigants to commandeer state and local governments under the Endangered Species Act.
Clarence Thomas Explains Why the Commerce Clause Cannot Justify Federal Bans on Gun Possession
Even under the Supreme Court's highly elastic understanding of that clause, Thomas says, such laws do not qualify as regulation of interstate commerce.
Two Potential Upcoming Canadian Secession Referenda and the Broader Issues they Raise
Two Canadian provinces - Alberta and Quebec - may hold secession referenda in the near future. The issues at stake have broader implications for the morality of secession and other matters.
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.
Is the Endangered Species Act Being Used to Commandeer State Governments?
A webinar discussion of whether we are seeing conservation commandeering.
For America's 250th Birthday, Give Us the Gift of Renewed Federalism
The country should rediscover its decentralized roots to revive freedom and national pride.
A State Assault Case Against an ICE Agent Could Illustrate the Limits of Supremacy Clause Immunity
That defense applies only when an officer "reasonably" believed he was acting within his federal authority.
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.
The Self-Driving Car Fight in Congress Isn't Really About Safety at All
Bootleggers, Baptists, and the fight over who gets to write America's self-driving car rules.
California Law Generally Requiring Federal Law Enforcement Officers to Display ID Violates Supremacy Clause
So the Ninth Circuit held yesterday.
A Rare SCOTUS Case That Pitted Thomas Against Alito
Plus: Does Trump expect to lose the birthright citizenship case?
Sixth Circuit Upholds Federal Law Banning Home Alcohol Distilleries, Creating a Circuit Split
The decision is at odds with a recent ruling by the Fifth Circuit.
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.
Fifth Circuit Strikes Down Federal Law Banning Home Alcohol Distilleries
The ruling holds the law exceeds Congress' authority under the tax power and the Necessary and Proper Clause. But it does not consider the Commerce Clause.
Maine Bill Proves States Are Capable of Adopting Bad Data Center Policies Without Federal Intervention
A week after Bernie Sanders introduced legislation to pause AI data center construction indefinitely, Maine is poised to institute the first statewide ban.
Trump Just Released a Framework To Govern AI. Here Are 7 Key Takeaways.
The National AI Policy Framework is a return to the administration's pro-AI position.
Previewing Suncor Energy v. Boulder County
A Federalist Society forum on the first big case of OT 2026.
Confusion about Commandeering
Whether the issue is immigration enforcement or environmental law, states are not obligated to enforce federal laws.
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.
Climate Change Goes Back to the Supreme Court -- Colorado Edition
The Supreme Court granted certiorari in Suncor Energy v. County Commissioners of Boulder County
My New Dispatch Article, "In Defense of Sanctuary Cities"
It explains how sanctuary policies are justified on both constitutional and moral grounds.
