Using the National Guard in DEA Raids Is the Worst Kind of Drug War Mission Creep
The deployment of National Guard soldiers on a DEA drug raid is a serious test of whether the Posse Comitatus Act means something or not.
Federalism
The Senate Is One Step Closer To Passing a 10-Year Moratorium on State AI Regulation
The Senate parliamentarian says the 10-year AI moratorium may be passed by a simple majority through the Senate's budget reconciliation process.
The 9th Circuit Rejects Trump's Audacious Claim That He Can Use the National Guard However He Likes
Although the appeals court said the president probably complied with the law he invoked to justify his California deployment, it emphasized that such decisions are subject to judicial review.
Federal Court Rules Against Trump Plan to Condition Federal Transportation Grants to States on Cooperation with Federal Deportation Efforts
The ruling is the latest in long line of court decisions striking down executive efforts to attach conditions to federal grants that were not approved by Congress.
Trump Argues That He Can Take Over a State's National Guard Whenever He Feels Like It
The government's lawyer told a 9th Circuit panel the president's deployments are "unreviewable," so he need not even pretend to comply with the statute on which he is relying.
Whether or Not Trump Invokes It, the Insurrection Act Is Antiquated and Dangerously Broad
On its face, the law gives the president sweeping authority to deploy the military in response to domestic disorder.
Did Justice Barrett Flip in PennEast Pipeline?
An interesting tidbit from today's NYT profile of Justice Amy Coney Barrett
The Restraining Order Against Federalizing the California National Guard Highlights Trump's Lawlessness
U.S. District Judge Charles Breyer concluded that the president failed to comply with the statute he cited—and violated the 10th Amendment too.
Gavin Newsom Defends Federalism Against Trump's Unilateral National Guard Deployment
In a federal lawsuit, California's governor argues that the president's assertion of control over "the State's militia" is illegal and unconstitutional.
The Tom Cotton Do-Over
Trump and the right are living out their fantasies of rewriting the awful summer of 2020.
First Circuit Rejects Constitutional Challenge to Federal Marijuana Prohibition
Like it or not, Gonzales v. Raich remains good law, and federal prohibition is constitutional under current doctrine.
Mitchell Berman on Conditional Federal Grants and the Constitution
While there is no constitutional right to receive grants, the Constitution does bar grant conditions that undermine constitutional rights.
Gary Winslett: The American Dream Has Migrated South
Middlebury professor Gary Winslett argues the South—not China—poached the Rust Belt’s manufacturing base by out-competing it on policy.
Federal Court Blocks Trump Executive Order Denying Federal Funds to Sanctuary Cities
The decision is based on precedents in similar cases during Trump's first term.
My New Brennan Center Article on "Sanctuary Policies in a Federal System"
The article covers state sanctuary policies, their constitutional basis, how they can constrain Trump's mass deportation efforts, and how Trump can try to get around them.
States Keep Suing the Feds, but Not in Defense of Federalism
State Attorneys General appear more interested in lining up with their political tribe than they are in defending state interests.
Supreme Court Rejects Red State Attempt to Sue Blue States Over Climate Suits
Justice Thomas dissents from the Court's continued unwillingness to hear bills of complaint filed under the Court's original jurisdiction.
Medical Marijuana Legalization Takes Effect in Nebraska After Lawsuit Dismissal
Voters overwhelmingly favored the new policy, which a former state legislator unsuccessfully tried to block.
California Gov. Newsom Speaks Loudly, Carries Small Stick
Newsom is a prototypical modern progressive governor whose pro-democracy tour of Southern states evoked more mocking than fear.
How Donald Trump and Elon Musk Could Cut $2 Trillion in Government Spending
If Musk is truly serious about fiscal discipline, he'll advise the president-elect to eschew many of the policies he promised on the campaign trail.
Kamala Harris Promotes Federal Pot Legalization As a Boon to Black Men
Although the framing is a transparent political ploy, it is reassuring to see that the vice president has not abandoned her opposition to the federal ban.
Waiving the Filibuster to Pass a National Abortion Bill Is a Bad Idea
Democrats will live to regret doing this if they have the votes to do it.
California Gov. Gavin Newsom Vetoes Car Speed Alarm Bill
He returned S.B. 961 to the California Senate for all the wrong reasons.
Trump Endorses Federal Marijuana Reforms and Reiterates His Support for Legalizing Pot in Florida
His new stance could encourage Vice President Kamala Harris to emphasize her opposition to federal marijuana prohibition.
Bowing to Public Opinion, Trump and Harris Both Agree That Marijuana Should Be Legal
It remains unclear whether either would do anything about that as president.
Eighth Circuit Wrongly Struck Down Missouri's Gun Sanctuary Law - But Also Created a Roadmap for How Such Laws Can Escape Invalidation in the Future
The court indicates the law would be constitutional so long as it does not claim to declare a federal law "invalid."
Eighth Circuit Rejects Missouri's Second Amendment Preservation Act
States cannot invalidate or refuse to recognize federal law.
YIMBYism is the Ultimate Localism
If you want "local control" of land use, the best way to do it is let property owners decide how to use their property for themselves.
My Jotwell Review of David Pozen's "The Constitution of the War on Drugs"
The book is the most extensive analysis to date of constitutional issues arising from the War on Drugs, and why the constitutional law largely failed to constrain its abuses.
Walz, Like Harris, Supports Marijuana Legalization—but He Beat Her to the Punch
The Democratic vice presidential nominee has a long record of supporting cannabis reform.
Unlike Biden and Trump, Kamala Harris Has Repeatedly Supported Pot Legalization
The presumptive Democratic nominee has a more liberal drug policy record than both the president and the Republican presidential nominee.
Federalism Could Heal a Divided Nation
There’s less reason to fight when one-size-fits-all policies are replaced with local diversity.
Ruling in Favor of DIY Distillers Affirms Limits on Congressional Power
A federal judge rejected the government’s excuses for banning home production of liquor.
Court Holds Federal Ban on Home-Distilling Exceeds Congress' Enumerated Powers
A potentially important post-NFIB enumerated powers challenge.
Trump's Abortion Dilemma
The "most pro-life president in American history" cannot please hardline activists without alienating voters.
The Collective-Action Constitution in an Era of Polarization and Animosity: An Elegy?
Fifth in a series of guest-blogging posts.
A Collective-Action Theory of the Constitution's Federal Structure
Fourth in a series of guest-blogging posts.
Constitutional Interpretation in The Collective-Action Constitution
Third in a seris of guest-blogging posts.
The Collective-Action Constitution: A Brief History of an Idea
Second in a series of guest-blogging posts.
The Collective-Action Constitution: Introduction
First in a series of guest-blogging posts.
Neil Siegel Guest-Blogging About His New Book "The Collective-Action Constitution"
The book argues that the structural elements of the Constitution should be interpreted in a way that empowers the federal government to address collective action problems facing the states.
Can a Criminal Enterprise Commit an Unfair Labor Practice?
Does the National Labor Relations Board have jurisdiction over a medical marijuana dispensary's treatment of its employees?
New UnPopulist Article About How Sanctuary Jurisdictions Can Help Curb Overreaching Presidents
I cover both liberal immigration sanctuaries and conservative gun sanctuaries, and the more general principles behind them.
Biden Decries a 'Failed Approach to Marijuana' but Sticks With It
Rescheduling does not resolve the conflict between federal pot prohibition and state rejection of that policy.
Biden's Spin on Marijuana's Rescheduling Exaggerates Its Practical Impact
Contrary to the president's rhetoric, moving marijuana to Schedule III will leave federal pot prohibition essentially unchanged.
Federal Court Rules Laws Restricting Interstate Travel for Abortion Violate the Right to Travel
The decision addresses an important issue left open by the Supreme Court's decision reversing Roe v. Wade.
