"Nonlegal Arguments for Upholding the Individual Mandate."

Ilya Somin describes and refutes arguments based on enhancing the Court's "legitimacy," avoiding the appearance of "part...

Any chance courts might say the West Hollywood ban on selling fur violates the Constitution?

Only in Ilya Somin's dreams: If the law is challenged, judges will probably conclude that there is at least some “rational basis” for it...

"Connecticut Supreme Court Justice Apologizes to Susette Kelo for his Vote to Uphold the Condemnation of Her Home..."

"... But then Lets Himself off the Hook Too Easily." ADDED: The old Kelo controversy reminds me of one of the most-overused Wiscon...

The best lefty reason for legalizing drugs: to transform drug-users into clients of the nanny government.

Glenn Greenwald and Ilya Somin are, in this long Bloggingheads segment , talking about drug legalization. You can watch that whole thing, bu...

6th Circuit upholds the individual mandate.

Ilya Somin comments: Today’s 2–1 Sixth Circuit Court of Appeals decision upholding the constitutionality of the individual mandate is undeni...

"Very bad news for constitutional federalism."

Says Ilya Somin about today's decision in Comstock ... The big problem is not just that the Court ruled that Congress had the power to ...