Tag: “federalism”

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Sanctuary Cities and the Courts

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On December 1, 2016
Noah Feldman argues that decades of conservative federalism will now help liberals on issues like sanctuary cities. President-elect Donald Trump says he will make “sanctuary cities” help deport immigrants by taking away their federal funding if they don’t change their policies. The good news is that he and Congress can’t do it — not without […]
It’s a bit of an upset, but good to see the 6CA panel do the right thing. It should be noted that while both majority opinions do an excellent job of attacking the bad commerce clause arguments underlying the challenge to the ACA, James Graham’s dissent does a good job of self-refutation. Consider this passage: […]
One of the better moments in the utter dismantling of the arguments that the ACA is unconstitutional performed by the 4th Circuit yesterday was Diana Gribbon Motz pointing out that Daniel Webster managed to give four days worth of oral argument on the commerce clause without mentioning the “activity” that conservatives have been convinced since […]
Dahlia Lithwick and Adam Liptak have good articles about yesterday’s oral argument in Bond v. U.S. The substantive issue of the case is whether a law implementing the 1993 Chemical Weapons convention can be used to bring federal charges against a woman who poisoned a woman who was impregnated by her husband.   Like most people, […]
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