The Verdict Against Ahmaud Arbery's Killers Highlights the Problems With Federal Hate Crime Statutes
Such laws, which allow redundant prosecutions based on defendants' bigoted beliefs, supposedly are authorized by the amendment that banned slavery.
Federalism
Biden Administration Files Dubious Lawsuit Challenging Missouri's Gun Sanctuary Law [Updated with a Note on State Courts]
The suit deserves to fail for much the same reasons as Trump-era attacks on immigration sanctuaries.
This Texas Town Rejected Stimulus Money to Avoid Vaccine Mandates
"Obviously we could have used the money, but at what cost?,” says Sheila Hemphill, an activist and lobbyist from Brady, Texas
My New Article on "Rethinking the Supreme Court's Impact on Federalism and Centralization"
The article challenges longstanding conventional wisdom. It is coauthored with political scientist Michael Dichio (University of Utah).
Justice Breyer, Democracy, and Expertise
His judicial philosophy emphasized promotion of democracy, a theme in tension with his emphasis on the need for deference to expertise.
In the Case That Blocked OSHA's Vaccine Mandate, the Justices Disagreed About When COVID-19 Counts As a Workplace Hazard
The crux of the argument is the distinction "between occupational risk and risk more generally."
My New Article on "How Judicial Review Can Help Empower People to Vote with Their Feet"
The article challenges longstanding conventional wisdom claiming that judicial review of democratically enacted laws is at odds with popular political choice.
Defending OSHA's Vaccine Mandate, Sonia Sotomayor Says 'I'm Not Sure I Understand the Distinction' Between State and Federal Powers
The justice's reference to a national "police power" raised some eyebrows.
The Supreme Court Seems Inclined To Block OSHA's Vaccine Mandate
Most of the justices appear to be skeptical of the argument that the agency has the power it is asserting.
My New "The Week" Article on "The Case for Empowering Americans to Vote with Their Feet"
How foot voting can expand political freedom for Americans, particularly the poor and disadvantaged.
Who's Voting with their Feet for Texas and Why
Recent articles in the Texas Monthy and the New York Times provide some useful insight on why Texas has been gaining migrants at such a high rate.
Podcast Interview about my Book "Free to Move" with Hoover Institution Immigration Economist Tim Kane
We cover many issues related to the book, as well as freedom of movement more generally - both domestic and international.
Revised Edition of My Book "Free to Move: Foot Voting, Migration, and Political Freedom" is Now Out
Now available on Amazon, after a supply chain delay.
Horizontal Federalism and Abortion after Dobbs
Flagging some interesting blog posts on the question.
If Roe Gets Overruled, Abortion Policy may not be "Left to the States"
Absent Roe, current Supreme Court precedent likely gives the federal government considerable power to either restrict or protect abortion rights. But that precedent could potentially be limited in ways advocated by Supreme Court Justice Clarence Thomas, an unlikely potential savior of abortion rights!
Without Promising Alternatives to the 'Viability' Rule, the Supreme Court Seems Inclined to Ditch Its Abortion Precedents
The justices may find it difficult to uphold Mississippi's abortion ban without overturning Roe v. Wade.
This Republican's Marijuana Legalization Bill Aims To Build Bipartisan Support for Repealing Federal Prohibition
Rep. Nancy Mace is touting "a framework which allows states to make their own decisions on cannabis."
Here Are the Arguments That Persuaded the 5th Circuit To Block OSHA's Vaccine Mandate for Private Employers
The appeals court said the rule, which was published on Friday, raises "grave statutory and constitutional issues."
Why State Common Law Nuisance Claims Against Fossil Fuel Companies Are Not Preempted
Nuisance claims may not be a particularly effective way to address the problem of climate change, but federal law does not preempt state common law nuisance claims seeking compensatory damages.
My State and Local Government Law Blog Post on "How Federalism Can Empower People to Vote with Their Feet"
The post focuses attention on an aspect of federalism that is often overlooked in current law and policy debates.
Can a Federal Judge Stop State Courts From Hearing the Lawsuits Authorized by the Texas Abortion Ban?
In a prior case challenging the law, the 5th Circuit said state judges were not appropriate defendants.
The (Likely) End of the SALT Tax Deduction Litigation
Four blue states' misguided legal challenge to the cap on the SALT tax deduction suffered a well-deserved defeat in the Second Circuit. The case is likely over.
Second Circuit Rejects Blue States' Challenge to Cap on SALT Deduction
A unanimous panel makes quick work of meritless legal claims.
PennEast Abandons Plans to Use Eminent Domain to Seize State-Owned Land in Case that Resulted in a Major Supreme Court Decision
The case was the subject of a Supreme Court ruling in which the power of eminent domain prevailed over state sovereign immunity.
My National Affairs Article on "Voting With Our Feet"
The article explains how expanding opportunities for foot voting can enhance political choice, help the poor and disadvantaged, and reduce the dangers of political polarization.
Biden Keeps Pushing Dubious Arguments for CDC Supremacy
The president seems determined to anoint the agency’s director as the nation’s COVID-19 dictator, no matter what the law says.
The Biden Administration Seems To Think Every Public School Is Legally Obligated To Require That Students Wear Face Masks
The secretary of education argues that federal law makes the CDC's COVID-19 guidelines for schools mandatory.
Senate Democrats Embrace Marijuana Federalism. Will Republicans?
Senate Democratic Leader Charles Schumer is embracing a sensible approach to marijuana reform.
Chuck Schumer Says He Wants To Legalize Marijuana. His Bill Suggests Otherwise.
The Senate majority leader's racial rhetoric and overly prescriptive approach make an already iffy effort even more quixotic.
Why Didn't COVID-19 Kill the Constitution?
We can thank judges who were prepared to enforce constitutional limits on public health powers.
Federal Court Strikes Down Tax Mandate Requirement in Biden Stimulus Spending Bill
The mandate prevents bars states receiving federal funds under the Act from enacting tax cuts that are "directly or indirectly" offset by the grants.
Federal Court Enjoins Enforcement of "Tax Mandate" Barring States Receiving COVID-19 Funds from Cutting Taxes (Updated)
In a careful ruling, Judge Cole concludes Ohio made its case, and enjoins enforcement of the mandate against Ohio.
At Least 5 Justices Seem To Think the CDC's Eviction Moratorium Is Illegal. SCOTUS Left It in Place Anyway.
Brett Kavanaugh, who provided a crucial fifth vote, said he agrees that the CDC does not have the authority to override rental contracts.
Did Congress Give the CDC More Authority Than the President?
The agency’s legal defense of its eviction moratorium implies that it has vast powers to order Americans around.
Although 44% of Americans Live in States That Have Legalized Pot, Federal Prohibition Is Not Likely to End Anytime Soon
The president supports the ban, and his fellow Democrats do not seem serious about attracting Republican support for repealing it.
Unanimous Supreme Court Ruling Bolsters Right to File Federal Takings Cases Against State and Local Governments
The Court clarified that the challenged policy need only be a "de facto final" decision, and that property owners are not required to exhaust all possible state bureaucratic procedures before filing a federal takings case. The Court also emphasized that Takings Clause property rights have "full-fledged constitutional status."
Supreme Court Refuses to Hear New Hampshire v. Massachusetts - An Important Case Challenging Massachusetts' Taxation of NH Residents Working Remotely for MA Firms
But the issue of state taxation of remote workers is likely to recur.
Justice Thomas Decries "Contradictory and Unstable State" of Marijuana
In an opinion respecting the denial of certiorari, Justice Thomas suggests it may be time to reconsider Gonzales v. Raich
The Feds Can't Compel States to Enforce Restrictions on Guns or Immigrants
The anti-commandeering principle serves causes favored by both the right and the left.
As More States Legalize Marijuana, the Need for Marijuana Federalism Grows
If states are to have different marijuana laws and policies, federal reform is necessary.
My New Article on "The Normality of Knick"
It responds to a critique of the Supreme Court's major property rights ruling in Knick v. Township of Scott, by Profs. Stewart Sterk and Michael Pollack.
Missouri Now Refuses to Enforce Certain Federal Gun Laws
Biden's Justice Department has some problems with this.
More Sanctuary States of the Right
Conservative states seeking to protect gun rights are copying the tactics used by liberal immigration sanctuaries.
The 9th Circuit Considers Whether the DEA's Classification of Marijuana Violates Federalism and the Separation of Powers
The puzzle of marijuana's Schedule I status invites a reconsideration of the agency's vast discretion to decide which substances should be prohibited.
Do Democrats Realize They Need Republican Support To Legalize Marijuana?
The MORE Act, which was reintroduced today, is full of contentious provisions that go far beyond repealing federal prohibition.
Video of Federalist Society Executive Branch Review Panel on "State Sovereignty or Fair-Weather Federalism?"
Participants include Prof. Edward Rubin (Vanderbilt), Prof. Carolyn Shapiro (Chicago-Kent), Ilya Shapiro (Cato Institute), and myself.
New Developments in Ohio's Challenge to the Stimulus Bill Provision Restricting Tax Cuts by States Receiving Federal Grants under the Act
A federal court issues a ruling against the requirement that states receiving stimulus funds are not allowed to raise taxes. Meanwhile, the Treasury Department issues an "interim final rule" intended to limit the scope of the mandate - and protect it against legal challenge.
Upcoming Federalist Society Executive Branch Review Conference
The online event features panels on a wide range of issues related to executive power, including one on federalism where I will be one of the participants.
