I did a @chkbal.bsky.social podcast about the tariff case. @greggnunziata.bsky.social interviewed me. Video linked below:
www.youtube.com/watch?v=amda...
@ilyasomin.bsky.social
Law professor; author of Free to Move: Foot Voting Migration and Political Freedom; Democracy and Political Ignorance: Why Smaller Government is Smarter; The Grasping Hand: Kelo v. New London and the Limits of Eminent Domain; Volokh Conspiracy blogger.
I did a @chkbal.bsky.social podcast about the tariff case. @greggnunziata.bsky.social interviewed me. Video linked below:
www.youtube.com/watch?v=amda...
This war is blatantly unconstitutional - undeniably a large enough military action to require congressional authorization. Its wisdom and morality are closer calls. But I'm skeptical regime change (which would be good) can be achieved by air attack alone: reason.com/volokh/2026/...
28.02.2026 18:37 β π 24 π 12 π¬ 1 π 2This war is blatantly unconstitutional - undeniably a large enough military action to require congressional authorization. Its wisdom and morality are closer calls. But I'm skeptical regime change (which would be good) can be achieved by air attack alone: reason.com/volokh/2026/...
28.02.2026 18:37 β π 24 π 12 π¬ 1 π 2JUST IN: A federal judge says the Trump administration has been βterrorizingβ refugees β violating the promise America made to them when they fled persecution at home β by locking them up illegally. He blocked the policy for those in MN storage.courtlistener.com/recap/gov.us...
27.02.2026 22:35 β π 5708 π 1861 π¬ 47 π 48Read our #SCOTUS brief on behalf of an ideologically diverse group of scholars, including @amandafrost.bsky.social and @ilyasomin.bsky.social: www.theusconstitution.org/litigation/t...
27.02.2026 15:50 β π 3 π 2 π¬ 1 π 1I did this @constitutionctr.bsky.social podcast on the Supreme Court tariff decision. Other participants were Zach Shemtob of @scotusblog.com and Julie Silverbrook (NCC). megaphone.link/NCC2191263670
27.02.2026 01:36 β π 14 π 8 π¬ 0 π 0I did this @constitutionctr.bsky.social podcast on the Supreme Court tariff decision. Other participants were Zach Shemtob of @scotusblog.com and Julie Silverbrook (NCC). megaphone.link/NCC2191263670
27.02.2026 01:36 β π 14 π 8 π¬ 0 π 0
I did a @chkbal.bsky.social podcast about the tariff case. @greggnunziata.bsky.social interviewed me. Video linked below:
www.youtube.com/watch?v=amda...
My assessment of today's frustrating Supreme Court oral argument in the Pung v Isabella County home equity theft takings case (in which I wrote amicus brief for @cato.org & property scholars). The justices seemed to be focusing on the wrong issue: reason.com/volokh/2026/...
26.02.2026 03:48 β π 19 π 6 π¬ 1 π 0See our amicus brief for how this case can be easily resolved by just requiring state/local governments to pay at least fair market value compensation when they foreclose on property for tax delinquencies (minus amount needed to pay the taxes): www.supremecourt.gov/DocketPDF/25...
26.02.2026 03:50 β π 5 π 1 π¬ 1 π 0My assessment of today's frustrating Supreme Court oral argument in the Pung v Isabella County home equity theft takings case (in which I wrote amicus brief for @cato.org & property scholars). The justices seemed to be focusing on the wrong issue: reason.com/volokh/2026/...
26.02.2026 03:48 β π 19 π 6 π¬ 1 π 0Here, as in other interviews with foreign media, I both talked about the case and emphasized that the tariffs are unpopular, and most Americans do NOT want a trade war with our allies. My very, very small contribution to maintaining the Western alliance.
26.02.2026 02:29 β π 17 π 2 π¬ 1 π 0
I got interviewed about the tariff case by @lexpress.fr (one of Franceβs leading media outlets):
www.lexpress.fr/idees-et-deb...
In this post, I offer some thoughts on the potential broader significance of the tariff decision. Only time will tell for sure. But I and various more prominent commentators think it is likely to be significant in several different ways: reason.com/volokh/2026/...
25.02.2026 15:25 β π 13 π 9 π¬ 0 π 0In this post, I offer some thoughts on the potential broader significance of the tariff decision. Only time will tell for sure. But I and various more prominent commentators think it is likely to be significant in several different ways: reason.com/volokh/2026/...
25.02.2026 15:25 β π 13 π 9 π¬ 0 π 0Major crime scene here!
24.02.2026 20:36 β π 11 π 0 π¬ 2 π 0My new @bostonglobe.com op ed on why Trump's new Section 122 tariffs are another dangerous power grab, which courts should strike down: www.bostonglobe.com/2026/02/24/o...
24.02.2026 17:40 β π 34 π 17 π¬ 1 π 1My new @bostonglobe.com op ed on why Trump's new Section 122 tariffs are another dangerous power grab, which courts should strike down: www.bostonglobe.com/2026/02/24/o...
24.02.2026 17:40 β π 34 π 17 π¬ 1 π 1
Now that IEEPA tariffs are out, what to make of Trump's pivot to Section 122 balance of payments tariffs?
@paulblumenthal.bsky.social @huffpost.com reports, with insights from @ilyasomin.bsky.social Gopinath Setser, Busch, Trefler, Milton Friedman, and me.
www.huffpost.com/entry/donald...
My new @thedispatchmedia.bsky.social article on broader significance of the tariff decision - and one key issue about emergency powers the court did not address, but which is likely to recur soon, including on tariffs (gift link): thedispatch.com/article/supr...
23.02.2026 15:57 β π 33 π 12 π¬ 3 π 2My new @thedispatchmedia.bsky.social article on broader significance of the tariff decision - and one key issue about emergency powers the court did not address, but which is likely to recur soon, including on tariffs (gift link): thedispatch.com/article/supr...
23.02.2026 15:57 β π 33 π 12 π¬ 3 π 2The tariff case and I got profiled in one of Germany's major newspapers, Frankfurter Allgemeine Zeitung: www.faz.net/aktuell/wirt...
22.02.2026 18:59 β π 25 π 7 π¬ 1 π 0
Holy shit: they folded immediately after this @pamherd.bsky.social skeet
www.cnbc.com/2026/02/22/t...
My new @theatlantic.com article about our win in tariff case. Covers many issues, including major questions, nondelegation, implications for rule of law, and Trump's plan to use Section 122 to impose new tariffs (gift link): www.theatlantic.com/ideas/2026/0...
21.02.2026 16:48 β π 97 π 44 π¬ 9 π 4Prominent conservative legal commentator Andrew McCarthy has an excellent National Review article explaining why the new Section 122 tariffs are illegal: www.nationalreview.com/corner/trump...
22.02.2026 02:02 β π 43 π 16 π¬ 2 π 8Thatβs one of the issues courts may have to decide.
21.02.2026 21:25 β π 1 π 0 π¬ 0 π 0Gift link to @ilyasomin.bsky.social's Atlantic article. /2, end
21.02.2026 21:00 β π 18 π 10 π¬ 1 π 0But did he find the Ring of Power for Sauron? That is the question.
21.02.2026 17:42 β π 12 π 2 π¬ 0 π 0My new @theatlantic.com article about our win in tariff case. Covers many issues, including major questions, nondelegation, implications for rule of law, and Trump's plan to use Section 122 to impose new tariffs (gift link): www.theatlantic.com/ideas/2026/0...
21.02.2026 16:48 β π 97 π 44 π¬ 9 π 4