For the moment, the executive "memorandum" is long on rhetoric, but short on actual action. If it ever does lead to action, it could be yet another attack on federalism and separation of powers.
Trump's Threat to Withhold Federal Funds from States that Expand Voting By Mail Highlights Growing Menace to Federalism and Separation of Powers
A president who can attach his own new conditions to federal grants to states could use that power to undermine state autonomy on many issues - especially now that federal spending has been massively expanded during the coronavirus crisis.
Evidence Increasingly Indicates Trump's Ukraine Pressure Tactics Usurped Congress' Power of the Purse—and that he may have Committed a Federal Crime in the Process
If Trump used withholding of aid as leverage to pressure Ukraine into investigating Joe Biden, he both violated the Constitution and committed a federal crime. The evidence released so far strongly points in that direction, even if it is not completely definitive.
The ruling comes after a long string of losses blocking other administration efforts to deny federal law enforcement funds to sanctuary jurisdictions. The different result in this case is largely a product of the unusual nature of the program involved.
'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.
Trump Administration Loses Yet Another Sanctuary City Case—this Time in the US Court of Appeals for the Third Circuit
In a case brought by the City of Philadelphia, the court struck down a Justice Department policy conditioning federal law enforcement grants on assisting federal immigration enforcement policy.
The ruling is notable in underscoring how the Supreme Court's sports-betting decision in Murphy v. NCAA helps sanctuary cities.
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.
The US Court of Appeals for the 7th Circuit affirms a district court ruling against the administration's efforts to deny federal grants to sanctuary jurisdictions.