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The Latest Breaking News from Ilya Somin

‘Perpetual crisis mode’: how Trump uses emergency declarations to push radical agenda

President’s dubious claims of ‘emergency’ threaten civic and political norms in authoritarian style, experts warn

The Guardian - US

Liberty Fund Symposium on "The Legacy of David Boaz" Continues

There are now initial contributions by Andy Craig, Tarnell Brown, Aaron Ross Powell, Jonathan Blanks, and myself, plus response essays.

Reason

Texas’ swift surrender to DOJ on undocumented student tuition raises questions about state-federal collusion

Experts say Wednesday’s action to eliminate the long-standing policy could be a “collusive lawsuit,” where the state and feds worked the courts to get a desired outcome.

The Texas Tribune

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Correcting Some Media Misconceptions About Libertarianism, Trade, and Immigration [updated with apology/acknowledgement of error by Elie Mystal]

Media coverage of our tariff case has mostly been fair and accurate. But there are a few examples of unfortunate misconceptions, mainly having to do with libertarianism and its relationship to conservatism.

Reason

Report: 50 Venezuelans Sent to Salvadoran Prison Entered the U.S. Legally, Contrary to White House Claims

"It's not just one or two administrative errors," says the Cato Institute's David Bier.

Reason

Is due process different for undocumented immigrants as Trump claims?

The US Constitution ensures all immigrants have due process, but rights depend on legal status and time spent in the US.

Al Jazeera

Justice Department Invokes State Secrets Privilege Over Deportation Flights

The move is an escalation of the White House's attempt to claim an unchallengeable and unreviewable amount of power.

Reason

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National Constitution Center Podcast on the Alien Enemies Act and Mahmoud Khalil Immigration Cases [Updated]

The participants were Adam Cox (NYU) and myself.

Reason

What happens if Trump continues to defy court orders?

Trump could be on a path to contempt of court or his own impeachment, legal experts tell Alex Woodward. But nobody knows where a ‘dangerous moment for democracy’ is headed

The Independent UK

Trump Tests the Limits of Executive Orders

Making policy and passing laws is supposed to be difficult and should be left to the messy channels established by the Constitution.

Reason

Trump's Orders Feature Nonexistent Emergencies, Illegal Power Grabs, and Blatant Inconsistencies

But at least he restored respect for a tariff-loving predecessor by renaming a mountain.

Reason

With Executive Order Avalanche, Trump Continues Trend Toward a Monarchical Presidency

We have too much rule by decree by whoever currently holds the office of president and a pen.

Reason

If it survives in court, Texas’ immigration law could upend immigration enforcement nationwide

Texas challenged federal supremacy by creating a state crime for illegal entry into the U.S. The courts will decide whether it’s constitutional — and whether other states can follow Texas’ lead.

The Texas Tribune

New London Gives $6.5 Million in Tax Breaks to Developer Planning to Build Housing on Land Condemned in the Kelo Case

The property has remained empty for almost twenty years, after the Supreme Court's controversial ruling upholding its condemnation to promote "economic development."

Reason

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Reason

Federalism Could Heal a Divided Nation

There’s less reason to fight when one-size-fits-all policies are replaced with local diversity.

Reason

On The Loper Bright Side For Immigration Lawyers

How will the Board of Immigration Appeals operate in a world without Chevron?

Reason

Why the End of Chevron Could Be a Win for Immigrants

“Immigration is an area of the law where the partisan alignments break down over Chevron.”

Reason

Mandatory National Military Service Is a Bad Idea

Donald Trump's acting Secretary of Defense Christopher Miller advocated the plan this week, which Trump later called a "ridiculous idea."

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Top News

Justice Amy Coney Barrett's Pivotal Role In Supreme Court Cases

Justice Amy Coney Barrett's pivotal role in recent Supreme Court cases on abortion and presidential immunity showcases her ability to challenge arguments f...

Reason

From Prof. Adam Candeub on the Texas Social Media Law

I'm glad to be able to pass along this item from Prof. Candeub (who has written extensively on this general subject): The Texas social media law (H.B. 20) requires the major social media platforms to refrain from discrimination on the basis of viewpoint, thereby allowing those of all political, religious,…

Reason

Hamburger Responds: Prof. Somin Repeats His Errors

Round 3 in the debate between Hamburger and Somin over the First Amendment and Murthy

Reason

Abridging, Not Coercing, Is The First Amendment's Yardstick for Speech Violations

Philip Hamburger: Prof. Somin is mistaken about Murthy v. Missouri

Reason

Matt Yglesias on the Takings Clause and Curbing Exclusionary Zoning

Prominent political commentator and zoning reform advocate comments on my work on this topic (with Joshua Braver).

Reason

Utah Tells the Feds To Pound Sand

The Beehive State joins a growing wave of defiance aimed at Washington, D.C.

Reason

Supreme Court Looks Poised To Gut Restrictive Social Media Laws

The First Amendment restricts governments, not private platforms, and respects editorial rights.

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