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.
Sanctuary Cities
The Two Faces of Ron DeSantis
Sometimes he calls for freedom, and sometimes he preaches something darker.
Can Mutually Loathing Americans Learn To Leave Each Other Alone?
The country needs a political truce with devolved power.
Eleventh Circuit Becomes Second Federal Appellate Court to Strike Down Tax Mandate Condition in 2021 Covid Stimulus Bill
Like the Sixth Circuit before it, the Eleventh ruled that the requirement that states receiving stimulus money refrain from cutting taxes was never clearly authorized by Congress.
Let States Issue Immigration Visas—a Federalist Response to GOP Governors' Migrant Busing Stunts
GOP governors' ploy highlights the value of giving states the power to issue their own migration visas. It can simultaneously ease labor shortages, reduce disorder at the border, enable more migrants to escape poverty and oppression, and help restore the original meaning of the Constitution.
The Conservative Case for Sanctuary Cities and States
Political scientist David Leal explains why conservatives should reject efforts to compel states and localities to help enforce federal laws these jurisdictions oppose.
Renegade District Attorneys Who Defy State Mandates Are Often Freedom's Last Line of Defense
Perhaps, as we relearn the virtues of local decision-making, we'll also reacquire a taste for individualism.
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.
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.
More Sanctuary States of the Right
Conservative states seeking to protect gun rights are copying the tactics used by liberal immigration sanctuaries.
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.
A Sanctuary State of the Right
Montana's new law refusing to help enforce federal gun restrictions is similar to liberal "sanctuary cities'" refusal to assist in federal immigration enforcement. Both are protected by Constitution.
More Than A Dozen States Are Trying To Nullify Federal Gun Control
Conservative state legislators are taking a page from the playbook of pro-immigration activists and the marijuana legalization movement.
Biden Stimulus Bill Provision Targeting State Tax Cuts Might be Struck Down by Courts for Same Reasons as Trump Efforts to Pull Federal Grants From Sanctuary Cities
In both situations, the grant conditions in question were not clearly and unambiguously authorized by Congress.
Conservative Judges Chose Legal Principles Over Partisanship and Trump—But We Shouldn't Take that for Granted
Conservative judges have stymied Trump in his election challenges - and many other cases where his positions went against their legal principles. But a populist/nationalist GOP could gradually change the nature of conservative jurisprudence.
Study Finds Sanctuary City Policies Reduce Deportations Without Increasing Crime
The much-publicized result is ocnsistent with previous studies on the impact of sanctuary city
Thoughts on Trump's Potential Plan to Cut Federal Grants to "Anarchist Jurisdictions"
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.
Cato Unbound Symposium on the 50th Anniversary of "Exit, Voice, and Loyalty" Continues
Adam Thierer, author of the lead essay, has a response to his critics.
Trump's Political Opportunism Has Shredded Federalism
Thanks to him, there will be no escaping accusations by the left that states' rights are merely a ruse to protect white power.
Second Circuit Denies En Banc Reconsideration of Important Sanctuary Cities Case
The ruling is at odds with decisions by four other circuits and could be headed to the Supreme Court - unless Biden wins the election and reverses administration policy.
Supreme Court Declines to Hear Trump Administration Appeal of the California "Sanctuary State" Case
The ruling is yet another setback for the administration, though legal battles over sanctuary jurisdictions will continue.
Seventh Circuit Rules Against Trump Administration in Major Sanctuary City Decision
The latest in a long series of setbacks to the adminstration's efforts to pressure sanctuary jurisdictions by attaching conditions to federal grants.
First Circuit Rules Against Trump Administration in Sanctuary Cities Case
The ruling is in line with numerous other court decisions on the same subject, but conflicts with an anomalous recent ruling by the Second Circuit.
Federal Immigration Raids in 'Sanctuary Cities' Have Conservatives Abandoning Federalism
Apparently, conservatives believe in states' rights, except when they don't.
Trump Wins Second Circuit Case Against Sanctuary Cities, in Ruling that Goes Against Broad Consensus of other Court Decisions
The decision allows the Justice Department to impose immigration enforcement conditions on federal grants to state governments, and goes against numerous other court decisions striking down the exact same policy.
Trump Administration Files New Lawsuits Against Sanctuary Jurisdictions
The new lawsuits against the state of New Jersey and King County, Washington have many of the same constitutional flaws as the administration's other efforts to to target sanctuary cities.
America's Second Amendment Sanctuary Movement Is Alive and Well
Rural communities continue to resist their legislatures’ attempts to enact gun control by declaring themselves “Second Amendment sanctuaries.”
Videos of Panels on Sanctuary Cities and Constitutional Property Rights
I took part in panels on these topics at the recent Federalist Society National Lawyers Convention
Trump Administration Asks Supreme Court to Hear Sanctuary Cities Case
The constitutional showdown over federalism and immigration approaches SCOTUS.
Trump Administration Loses a Sanctuary City Case—Yet Again
The latest in a long line of court decisions ruling against Trump's efforts to pressure sanctuary cities into helping deport undocumented immigrants features an opinion by two conservative Republican judicial appointees.
Podcast on Federalism and Sanctuary Cities
Prof. Brian Frye of the University of Kentucky Law School interviewed me on this subject, as part of his series of "Ipse Dixit" podcasts.
Trump Administration Seeks Supreme Court Review of California "Sanctuary State" Case
California has largely prevailed in the lower courts, and the administration's petition focuses on the part of the law with the strongest backing from Supreme Court federalism precedent. It's a case the administration deserves to lose.
Trump Speaks to Cops, Takes Credit for Crime Drop
"All over the world they're talking about Chicago," Trump said at a law enforcement conference today. "Afghanistan is a safe place by comparison."
More on Liberals and Federalism
In this follow-up to my Washington Post article on the same subject, I consider whether current liberal support for federalism is purely opportunistic, and whether the political left is inherently pro-centralization.
Trump Administration Finally Wins a Sanctuary City Grant Condition Case
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.
My New Washington Post Op Ed on How Federalism Became Great Again on the Left
In recent years, many liberals have come to develop a new appreciation for constitutional limits on federal power. Whether the trend continues remains to be seen.
Colorado's Growing Second Amendment Sanctuary Movement
What happens when cities and counties have their own ideas about a law that authorizes the seizure of guns from people who are mentally ill?
Sanctuary Cities Should Hope That Stephen Miller Makes Good on His Threats
They should offer to pay for the transportation of asylum seekers.
California's Sanctuary Laws Survive Another Trump Challenge
Federal judges rule state cannot be forced to assist immigration officials.
Federal Appellate Court Rules Against Trump Administration on Most Issues in California "Sanctuary State" Case
The ruling, written by a Republican-appointed judge, is an important victory for federalism.
'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 Continues to Lose Sanctuary City Cases—this Time Respecting New Fiscal Year 2018 Grant Conditions Imposed on State and Local Government Receiving Federal Law Enforcement Grants
The administration continues to try to impose grant conditions on state and local governments that were never authorized by by Congress. In two new decision, courts continue to rule against them.
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.
Audio of Recent Federalist Society Teleforum on Sanctuary Cities
The event features Ilya Shapiro of the Cato Institute, and myself.
Sanctuary Cities Aren't to Blame for Killing of California Cop
The suspect's previous DUI arrests didn't even put him on ICE's radar.
Federal Court Rules Against Trump in Sanctuary Cities Case Brought by Seven States and New York City
The ruling is the latest in a long line of setbacks for the administration's efforts to punish sanctuary jurisdictions by withholding federal law enforcement grants.
Yet Another Federal Court Rules Against Trump and Jeff Sessions in a Sanctuary Cities Case
The decision is the latest in a long line of legal setbacks for the administration's efforts to force sanctuary cities to help deport undocumented immigrants.
California Finally Legalizes Street Vending
The Trump administration's deportation push finally forced the Golden State to stop criminalizing everything.
