Federalism

“Federalism is for everyone. It’s time that liberals took notice.”

~ Heather Gerken

The Attorney General, Hawaii Statehood, and National Injunctions

4/21/17  //  Quick Reactions

The AG's comments denigrating Hawaii statehood are objectionable for many reasons. But don't overlook his underlying complaint about national injunctions—which conservatives spent years developing and have suddenly, painfully discovered can be used against them.

Joshua Matz

Publisher

Updates | The Week of April 10, 2017

4/16/17  //  Daily Update

President Trump signed a law nullifying an Obama-era regulation forbidding states from removing reproductive health care providers such as Planned Parenthood from Medicaid. Federal and state governments pose threats to city autonomy during the Trump administration.

California v. DOJ on Immigration Enforcement

4/11/17  //  Commentary

An exchange of letters between the California Chief Justice and Attorney General Sessions offers valuable lessons for states considering immigrant protective policies that respect human rights and dignity (but might annoy the Trump Administration).

Jennifer Chacón

U.C. Irvine School of Law

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

Attorney General Jeff Sessions’s memorandum outlining task forces on various policies, including federal marijuana policy, has some state governors poised to fight back—governors of four Western states warned Attorney General Sessions and Treasury Secretary Mnuchin against interfering with state laws legalizing marijuana use.

The Attack on American Cities

4/7/17  //  Commentary

Trump's anti-urban rhetoric has fanned the flames of a war by state governments against progressive cities. We see this in battles over sanctuary cities, LGBT rights, gun regulation, employee rights. The time has come for a campaign on behalf of city power.

Richard C. Schragger

UVA School of Law

States Can Require Financial Disclosure by Presidential Candidates to Safeguard Electoral Transparency

4/6/17  //  In-Depth Analysis

Many states are considering bills requiring future federal presidential candidates to release tax returns, or comparable information, in order to be listed on the ballot. Such requirements are good policy and should be upheld under the Constitution.

Danielle Lang

The Campaign Legal Center

DOJ Begins to Turn Its Back on Policing Reform

4/4/17  //  Quick Reactions

AG Sessions’s eleventh-hour effort to avoid a consent decree in Baltimore is indefensible and unmistakably political. The court should not allow it.

Chiraag Bains

Harvard Law School

Updates | The Week of March 27, 2017

4/2/17  //  Daily Update

Cities and states have taken action in the wake of President Trump's executive order threatening to revoke federal funding from sanctuary cities. Further, California may thwart President Trump's plans to gut Obama-era fuel emissions standards.

Updates | The Week of March 20, 2017

3/26/17  //  Daily Update

Federalism principles protect sanctuary cities from President Trump's executive order, and state attorneys general may be key actors in challenging President Trump's policies.

Is The GOP ACA Repealer Unconstitutional on Federalism Grounds?

3/24/17  //  Commentary

Abbe Gluck explains that, ironically, the GOP proposal to repeal the Affordable Care Act in the name of returning authority over health care to the states has potentially serious constitutional issues on federalism grounds.

Take Care

Constitutional Hurdles for Concealed Carry Reciprocity

3/16/17  //  In-Depth Analysis

President Trump favors federal legislation requiring states to recognize concealed carry licenses issued by other states. But that policy rests on shaky constitutional foundations.

Joseph Blocher

Duke Law School

The Sessions DOJ Turns a Blind Eye to Discrimination

3/22/17  //  In-Depth Analysis

In the landmark Texas Voter ID case, DOJ has begun its official retreat from the protection of minority voting rights. This is the wrong decision and an ominous sign for the future.

Danielle Lang

The Campaign Legal Center

NFIB v. Sebelius As Anti-Canon (a.k.a. This Administration’s Galling Constitutional Hypocrisy)

3/23/17  //  In-Depth Analysis

The Trump administration is engaged in stunning constitutional hypocrisy. Measured against conservatives' professed commitment to "liberty" and "freedom," there is no serious distinction to be drawn between Obamacare and Trump's American Health Care Act.

Leah Litman

U.C. Irvine School of Law

Why California Stands in the Way of Trump's EPA

3/24/17  //  Commentary

President Trump recently announced that EPA will reconsider fuel efficiency standards. But so long as California remains free to set its own, more protective standard, Trump's decision may not matter very much. And the law is squarely on California's side.

Take Care

An Unconstitutional Threat to Sanctuary Cities

3/21/17  //  Commentary

DOJ argues that courts can't hear challenges to Trump's executive order threatening to punish sanctuary cities. Its arguments are wrong and prove that Trump's policy is illegal.

Nikolas Bowie

Harvard Law School

A Powerful Statement by the California Chief Justice

3/20/17  //  Quick Reactions

In urging the Attorney General to cease using state courthouses as bait for undocumented migrants, the California Chief Justice displayed admirable bravery and commitment to the rule of law.

Laurence H. Tribe

Harvard Law School

Embracing Federalism

3/16/17  //  Commentary

It is time for progressives to embrace federalism and to use Supreme Court precedents protecting states’ rights to fight against Trump administration policies

Erwin Chemerinsky

U.C. Irvine School of Law