Ilya Shapiro

October 17, 2019 | National Law Journal

The Supreme Court has held repeatedly that private parties have an implied right of action to assert claims for separation-of-powers violations. But this right means nothing unless those bringing successful challenges have access to meaningful remedies.

By Ilya Shapiro

6 minute read

August 15, 2016 | National Law Journal

OPINION: Abolishing presumptions against beneficial land use would benefit all urban dwellers.

By Ilya Shapiro and Randal J. Meyer

9 minute read

April 18, 2016 | National Law Journal

OPINION: "Fundamental principle" didn't mean representation must reflect total population.

By Ilya Shapiro and Thomas Berry

9 minute read

September 01, 2014 | National Law Journal

Recent circuit court split foreshadows protracted court battles over the Affordable Care Act.

By Ilya Shapiro

5 minute read

March 05, 2012 | National Law Journal

Before reaching the issue of whether the federal government can constitutionally require people to buy health insurance, the U.S. Supreme Court will grapple with whether such a challenge can even be brought in light of an obscure statute called the Tax Anti-Injunction Act (AIA). Indeed, the Court recently added half an hour to the time allotted to this issue — 90 minutes total — on the first day of arguments in the case challenging the Affordable Care Act, March 26.

By Ilya Shapiro

5 minute read

February 27, 2012 | National Law Journal

Section 5 was a valuable tool against disenfranchisement, but it now facilitates the bias it was designed to prevent.

By Ilya Shapiro

5 minute read

March 19, 2012 | New Jersey Law Journal

The Voting Rights Act has served its purpose but is now unworkable — and is thus itself now unconstitutional.

By Ilya Shapiro

4 minute read

June 02, 2008 | National Law Journal

Right now the Supreme Court is asking for the solicitor general's advice on a decision that, if left unchecked, would ratify an appalling exercise of government power at the expense of private citizens, writes Ilya Shapiro. Besides the patent law dispute, federalism, separation of powers, and some muddled Court precedent are all on the table.

By Ilya Shapiro

6 minute read

November 17, 2008 | National Law Journal

One seemingly "boring" Supreme Court case this month-- involving anti-dumping regulations of all things?is anything but. What on the surface is a dry parsing of statutory definitions in a dispute about enriched uranium in the end implicates not just larger issues of international trade but also antitrust law, energy policy, national security, and the government's role in ordinary commercial activity.

By Ilya Shapiro

8 minute read