Ilan Wurman @ilan_wurman Twitter profile

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Ilan Wurman

@ilan_wurman

4 years

My book has finally arrived! 😍😍😍

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Ilan Wurman

@ilan_wurman

4 years

The Arizona Supreme Court has just granted our petition to transfer our appeal of the nondelegation issue/the emergency powers statute, and some privileges or immunities issues. The bar owners (and gym owners) will soon be heard in our highest court!

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Ilan Wurman

@ilan_wurman

2 months

I don't quite understand how ordering private citizens to burgle a hotel is official conduct. Or ordering seal team six to assassinate a rival. Or taking a bribe. Sotomayor makes no effort to take the distinction between official and unofficial acts seriously. Though to be fair,

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Ilan Wurman

@ilan_wurman

4 years

Preach.

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Ilan Wurman

@ilan_wurman

2 years

Election-day news. My faculty has voted in favor of my tenure. I am so thrilled and honored—and also a bit relieved as I went up a bit earlier than the norm. I am grateful for my many supporters at ASU and elsewhere. Not a done deal, but I’ll be celebrating no matter the returns!

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Ilan Wurman

@ilan_wurman

1 year

We won! Final ruling in our Zone homeless encampment case in Phoenix. And the judge granted our attorneys' fees. The tide is turning.

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Ilan Wurman

@ilan_wurman

4 years

What this article doesn’t report is that the authors all work for the Arizona Department of Health Services, not CDC. And they explicitly acknowledge their findings are correlations, not causation. I cross-examined Dr. Christ about this yesterday.

Arizona saw a 75 percent drop in coronavirus cases after mask requirements and bar closures, CDC...

The Grand Canyon State was a hot spot for COVID-19 over the summer.

thehill.com

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Ilan Wurman

@ilan_wurman

6 years

Not quite right. The Founders--every single one of them--expected the Constitution's meaning to remain "fixed" over time (unless amended). Here are some statements from Madison, Hamilton, Marshall, and Webster. THREAD 1/8

Laurence Tribe 🇺🇦 ⚖️

@tribelaw

6 years

Another demonstration that the Constitution’s “original meaning” was that its meaning would take shape over time. I recommend reading this elegant summation:

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Ilan Wurman

@ilan_wurman

4 years

What is originalism? Here I answer several frequently asked questions, and debunk several myths and misconceptions. This is my first contribution to @ConversationUS -- please share! via @ConversationUS

What is originalism? Debunking the myths

The judicial theory has been a major talking point during the past three Supreme Court nominations. But what does it actually mean?

theconversation.com

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Ilan Wurman

@ilan_wurman

4 years

Judge’s ruling came in. We won on the off-sale privilege issue. Governor Ducey cannot violate existing law and give restaurants the privilege of selling alcohol to go, which bars paid for. If Gov Ducey wants to do that, he needs to call the legislature into session.

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Ilan Wurman

@ilan_wurman

4 years

The Arizona AG has filed a brief this morning IN OUR FAVOR! Argues that distinction between series 6/7 "bars" and series 12 bars-in-restaurants is arbitrary/unlawful and that the Governor has exceeded his emergency authority.

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Ilan Wurman

@ilan_wurman

2 months

Tons of misinformation out there. The Court held in the immunity case that official acts, but not unofficial ones, are presumptively immune, not necessarily absolutely immune. It then remanded to the lower courts to do the analysis in the first instance of what was official. 1/2

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Ilan Wurman

@ilan_wurman

3 years

Governor Ducey has pulled a fast one. The new EO does NOT eliminate standing room and distancing restrictions, which are what actually limit capacity. And it doesn’t repeal the EO closing bars. Here is Dr Christ saying BARS ARE STILL CLOSED (35:45-36:40)

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Ilan Wurman

@ilan_wurman

3 years

Got my first Supreme Court citation today! Justice Gorsuch cited me in concurrence. (And if you disagree with today's opinions, that's fine! I'll go with no publicity is bad publicity.)

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Ilan Wurman

@ilan_wurman

4 years

This morning, I filed a petition for special action in the Supreme Court of Arizona on behalf of 26 small business owners whose bars have been shut down by Governor Ducey’s executive orders. I will link to my briefing for anyone to use. 1/10

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Ilan Wurman

@ilan_wurman

4 years

One of my clients has a big pool hall but can't open his billiards *even though* he suspended his liquor license and no longer serves alcohol. Because he's a series 6. Yet Dave& Busters, Main Event, and Bowlero all continue to offer pool AND alcohol. What kind of justice is this?

Rep Andy Biggs

@RepAndyBiggsAZ

4 years

Arizona businesses continue to be arbitrarily decimated by our state. A bar is a bar is a bar. But appears not in Arizona.

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Ilan Wurman

@ilan_wurman

5 years

Some professional news! After a long AALS process, kind of fun in its own way, I’m THRILLED to announce that I get to stay @ASUCollegeOfLaw as an associate professor of law next year, on the tenure track. This also comes with a courtesy appointment @ASU_SCETL , which is an 1/2

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Ilan Wurman

@ilan_wurman

2 months

Another judicial ruling, more misinformation out there. Judge Cannon's ruling isn't crazy, and it might even be right. A short 🧵on the Appointments Clause and her ruling. 1/

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Ilan Wurman

@ilan_wurman

4 years

After yesterday's absolutely ludicrous guidelines from @AZDHS and @dougducey , I've been flooded with requests from bar owners to join this lawsuit. The guidelines--which don't apply to restaurants that serve alcohol, private clubs, etc.--effectively closes these bars for good. 1/

Ilan Wurman

@ilan_wurman

4 years

Our reply brief is in. We’ve teed up important nondelegation questions and a strong state privileges or immunities claim in the Arizona Supreme Court. 1/7

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Ilan Wurman

@ilan_wurman

4 months

We will need entirely new wardrobes but we are excited for a new adventure after six great years at ASU.

University of Minnesota Law School

@UofMNLawSchool

4 months

We are thrilled to welcome @ilan_wurman to our faculty as an assoc. prof. of law, with tenure, beginning in the 2024-25 academic year. Wurman is currently an assoc. prof. at @ASUCollegeOfLaw where he teaches administrative law and constitutional law.

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Ilan Wurman

@ilan_wurman

6 years

Originalism is a legal methodology, not a political ideology. But, it is “conservative” in one sense: it stands for the proposition that we “conserve” the laws we currently have, until they’re properly changed—and that’s quite a sensible conservatism!

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Ilan Wurman

@ilan_wurman

2 years

Maybe I’m missing something—and I don’t mean to downplay the importance of the Fifth Circuit’s decision—but it seems to me lots of folks are overreacting. The court did NOT dismantle SEC’s enforcement powers, and the SEC is NOT all of a sudden unconstitutional after 90 years. 1/

JP Collins

@prof_jpc

2 years

This seems like a pretty consequential decision

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Ilan Wurman

@ilan_wurman

4 years

It’s ok to think that the Title VII case is genuinely hard, and that both Gorsuch’s and Kavanaugh’s opinions are textualist/originalist. One can agree on method and still disagree in particular cases. That all the opinions were textualist is a huge victory in and of itself!

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Ilan Wurman

@ilan_wurman

4 years

I almost can't believe it. Dozens of my clients got rejection letters today from @AZDHS . They can't open up. And yet this photo was taken at a series 12 "restaurant" just last week. This is so unreal....

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Ilan Wurman

@ilan_wurman

4 years

As my AZ Supreme Court case approaches, and for those who think Gov Ducey has done a great job. Here’s a series 11 (hotel license) from this past weekend. Yet dancing is prohibited at all my clients’ series 6/7 establishments. There is still tons of arbitrary discrimination.

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Ilan Wurman

@ilan_wurman

2 years

Was cited by Justice Thomas this morning. 😍 My second SCOTUS citation this term (and ever). Very grateful and excited. Now I just have to read the opinions! (And for those curious, my book is below.)

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Ilan Wurman

@ilan_wurman

11 months

The ACLU, on the other side of some of my homelessness litigation, has sued my university for my emails. They want anything involving “Federalist Society,,” too. I guess that’s what they do when they can’t win on the merits. 🤷🏻‍♂️

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Ilan Wurman

@ilan_wurman

2 years

The 5th Cir. simply held that if you’re accused of committing a federal crime and the government is coming after you for civil penalties—your livelihood and property are at stake—your case should be heard in a real court with a real judge and a jury. SEC can still prosecute. 2/

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Ilan Wurman

@ilan_wurman

1 year

Some days as an academic you’re full of self-doubt. And then some days you get emails like this from a famous professor. Both feelings are good and important.

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Ilan Wurman

@ilan_wurman

2 months

In response to some comments, using the army for NON-war/military purposes is not part of the commander in chief power so ordering them to arrest members of Congress or assassinate political opponents wouldn’t be official acts….

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Ilan Wurman

@ilan_wurman

2 months

Folks on this site are failing to appreciate the difference between a court setting aside unlawful executive actions, and civilly or criminally prosecuting a President in his personal capacity for attempting such actions. Which seems to be the point of immunity. 1/2

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Ilan Wurman

@ilan_wurman

1 year

Huzzah. They finally sent me the official letter. Not effective until the Fall though so I’ll hold back the controversial tweet I was planning. #tenure

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Ilan Wurman

@ilan_wurman

4 years

I originally agreed to serve as moderator in what I hoped would be a productive exchange about a topic within my academic expertise. It's now clear that for multiple reasons, that isn't going to be possible, and I've decided not to participate in tomorrow's event.

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Ilan Wurman

@ilan_wurman

2 years

When it’s law review submission season but you have a baby at home.

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Ilan Wurman

@ilan_wurman

2 months

The only act the Court itself *decided* was an official act was Trump's discussions with DOJ about potential investigations, which seems obviously correct. (Court also held there is absolute immunity within core powers like pardons, removals, etc., but those not implicated.) 2/2

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Ilan Wurman

@ilan_wurman

3 years

I don’t know who still needs to hear this, but the originalist case for Brown v Board is shockingly easy and straightforward. 1/5

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Ilan Wurman

@ilan_wurman

2 months

the majority doesn't give much to go on. Could Truman be prosecuted for improperly seizing the steel mills? (Suppose his motive was retaliatory.) Maybe but I doubt it. Seems the test should be good-faith belief that the law allowed the President to take the action in question.

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Ilan Wurman

@ilan_wurman

4 years

One of my clients operates a beer/wine bar, w/ food, plenty of space. She was just denied reopening by @AZDHS . NONE of their proposals--25% capacity, 10PM closure, requiring food purchase--applies to series 12 "restaurants." As usual, @dougducey is just picking winners & losers.

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Ilan Wurman

@ilan_wurman

6 years

Kennedy is retiring. It seems like a good time to remind everyone about this short introduction to originalism! The next Justice will almost certainly be #originalist and y’all might have some questions about it!

A Debt Against the Living: An Introduction to Originalism

Thomas Jefferson famously wrote that the earth belongs to the living. His letter to James Madison is often quoted for the proposition that we should not be bound to the 'dead hand of the past',...

www.amazon.com

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Ilan Wurman

@ilan_wurman

4 years

Guys...I just can't... Video from a SERIES 12 "restaurant" on August 8, 2020. It's a nightclub!! And I've got MOM AND POP wine bars that are CLOSED DOWN because they're series 6! Where's the justice? We WILL have our day in court, one way or another. @dougducey @AZDHS

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Ilan Wurman

@ilan_wurman

1 year

Our theory was simple: The Ninth Circuit decisions don't preempt state public nuisance laws. There are many actions the City can take to abate the nuisance w/o violating constitutional rights. The judge agreed. We overcame Boise and Grants Pass! 3/

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Ilan Wurman

@ilan_wurman

7 years

OIRA administrator just announced @FedSoc that when next regulatory agenda comes out in a few weeks, it'll show they've far exceeded the President's mandate to eliminate two regulations for each new one.

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Ilan Wurman

@ilan_wurman

4 years

Game day. Preliminary injunction hearing in the bar owners’ case starts at 9:00 AM.

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Ilan Wurman

@ilan_wurman

4 years

Just filed our Reply Brief in the bar owners' case in the Arizona Supreme Court. I'm uploading all the briefs (see link) for anyone to read. Expecting more amici throughout the day. @GeneralBrnovich 's brief is already uploaded. Oral argument on March 9!

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Ilan Wurman

@ilan_wurman

4 years

I did a short interview with @RepAndyBiggsAZ to explain where things stand with our case.

Rep Andy Biggs

@RepAndyBiggsAZ

4 years

Arizona has mandated that some bars, but not others, close because of the existence of COVID-19. This is not fair nor is it scientific in any way. This extension of the Fauci-Birx doctrine of destruction is destroying thousands of lives & livelihoods.

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Ilan Wurman

@ilan_wurman

4 years

From the AG's brief filed this morning in our case: "Nearly six months into the declared emergency, it is long past time for the Governor to follow the constitution and convene the Legislature rather than contravene lawful statutes through executive fiat." cc @dougducey

Ilan Wurman

@ilan_wurman

4 years

The Arizona AG has filed a brief this morning IN OUR FAVOR! Argues that distinction between series 6/7 "bars" and series 12 bars-in-restaurants is arbitrary/unlawful and that the Governor has exceeded his emergency authority.

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Ilan Wurman

@ilan_wurman

1 year

The plain reading of Section Four is that existing debts cannot be questioned; but raising the debt ceiling creates new debts. Nothing in Section Four says Congress must create new debt to service older debt. 1/3

Brendan Pedersen

@BrendanPedersen

1 year

BIDEN on the debt limit: "I have been considering the 14th amendment."

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Ilan Wurman

@ilan_wurman

4 years

The Governor's lawyers have decided not to call my witnesses for trial next week. They're seeking to proceed only by deposition designation. They don't want the public/media to *hear* and *see* the suffering of these bar owners.

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Ilan Wurman

@ilan_wurman

3 years

An 8/10 for my first rating! This made my day 🙏.

Room Rater

@ratemyskyperoom

3 years

Upstairs bedroom setup. Nice frames. We are pro spotlight. 8/10 @ilan_wurman

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Ilan Wurman

@ilan_wurman

4 years

Almost everything Prof. Chemerinsky says here about originalism is wrong. A thread. 1/6

Opinion | The Philosophy That Makes Amy Coney Barrett So Dangerous (Published 2020)

Do we really want our rights to be determined by the understandings of centuries ago?

www.nytimes.com

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Ilan Wurman

@ilan_wurman

1 month

This letter from Alexander Hamilton on the Constitution's distribution of war powers is not cited nearly enough. (It's been cited only about a half-dozen times in the past 50+ years.)

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Ilan Wurman

@ilan_wurman

2 months

Justice Sotomayor cited James Wilson for the proposition that P could be held criminally liable. But Wilson also said that the P is liable to laws in his "private" character, to impeachment in his "public" character. Sounds quite like majority's official/unofficial distinction.

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Ilan Wurman

@ilan_wurman

4 years

Defenders of liberty. W/ Tom Hatten of Mountainside Fitness.

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Ilan Wurman

@ilan_wurman

4 years

I think @benshapiro is often very smart—but he’s dead wrong about Gorsuch’s opinion. The opinion is a wonderful explanation and application of originalism. (Short thread.)

Ben Shapiro

@benshapiro

4 years

This Gorsuch decision is not originalist in any way; he acknowledges as much. It is simply a bad, outcome-driven legal decision. And it throws religious liberty, free speech, and employment law into complete turmoil.

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Ilan Wurman

@ilan_wurman

4 years

Arizona's COVID Shutdowns Threaten Constitutional Principles. My op-Ed for @Newsweek on our lawsuit.

Arizona's COVID Shutdowns Threaten Constitutional Principles

Checks and balances and the legislative process are essential to preserving liberty and avoiding arbitrary rule. It is time—in Arizona and elsewhere—to bring the legislatures back to the table.

www.newsweek.com

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Ilan Wurman

@ilan_wurman

6 years

This is such a head scratcher. Williamson's argument that Brown v. Board can't be justified by originalism simply ignores the modern scholarship on the question. Brown v. Board is *easy* under originalism. So easy, in fact, that it takes only four tweets to explain. (Thread, duh)

National Review

@NRO

6 years

Why the Left Won’t Take Up Originalism #Constitution

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Ilan Wurman

@ilan_wurman

6 years

Interesting! Linguists studied phrase "bear arms," and show it had almost exclusively military connotation. But the Second Amendment protects the right to *keep* and bear arms. Here are three examples from the corpora that show "keep arms" might have been broader. 1/5

Linda Hill

@bulldoghill

6 years

But Scalia was wrong. Two new databases of English writing from the founding era confirm that “bear arms” is a military term. Non-military uses of “bear arms” are not just rare — they’re almost nonexistent.

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Ilan Wurman

@ilan_wurman

2 months

New office, new edition of my casebook!

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Ilan Wurman

@ilan_wurman

4 years

First news story about my cross-examination of Dr. Christ today.

Health official says she doesn't know when Arizona's COVID-19 restrictions will end

PHOENIX — The state’s top health official testified Thursday she cannot say when the current COVID-19 health emergency will be over, the governor will rescind his orders — and Arizonans

www.pinalcentral.com

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Ilan Wurman

@ilan_wurman

3 years

Excellent essay by @JeannieSGersen , with nods to @MJSteilen @nikobowie & @jamalgreene . But one thing that troubles me about the discourse over Dred Scott: Why don’t more scholars talk about Justice Curtis’s dissent? 1/6

The Importance of Teaching Dred Scott

By limiting discussion of the infamous Supreme Court decision, law-school professors risk minimizing the role of racism in American history.

www.newyorker.com

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Ilan Wurman

@ilan_wurman

4 years

This restaurant with a series 12 license turns into a late-night karaoke place once a week. I don't necessarily see a problem with karaoke nights. But, why can a series 12 "restaurant" have one, but not my bar/restaurant clients with a series 6 license? @dougducey

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Ilan Wurman

@ilan_wurman

2 years

That hardly seems crazy. And putting aside (for now!) the merits of the dual for cause removal and nondelegation holdings, all three holdings would be satisfied if SEC enforcement actions of this type were all brought in federal court. So that’s really what this comes down to. 3/

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Ilan Wurman

@ilan_wurman

3 years

TX, MS, CT, IA are all opening up. But @dougducey issues an EO that rescinds "capacity" limits. Yet what limits capacity is having to sit six feet apart, no standing, etc. The Governor has issued an order to make it *look* like he's opening up, but he's not.

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Ilan Wurman

@ilan_wurman

6 years

This @nytimes review is nuts. I haven't read Ellis's book (yet), and can't be sure what he says. But the notion that Madison believed in a "living Constitution" is absolutely belied by the evidence. Just consider two statements from Madison, one in 1790 and another in 1826. 1/5

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Ilan Wurman

@ilan_wurman

4 years

Today, we added two dozen additional bar owners to the lawsuit. We're now up to 50 plaintiffs from all over Arizona who are being crushed by the executive orders. Such important policy questions must be decided by the legislature in a representative government.

Ilan Wurman

@ilan_wurman

4 years

This morning, I filed a petition for special action in the Supreme Court of Arizona on behalf of 26 small business owners whose bars have been shut down by Governor Ducey’s executive orders. I will link to my briefing for anyone to use. 1/10

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Ilan Wurman

@ilan_wurman

4 years

I know everyone is rather preoccupied, but wanted to share that "Nondelegation at the Founding," my response to @jdmortenson & @nicholas_bagley 's recent nondelegation paper, is now up @SSRN and is forthcoming @YaleLJournal . . Abstract attached! 1/2

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Ilan Wurman

@ilan_wurman

4 years

Cambridge ( @CUP_Law ) just sent me the cover of my second book, and it looks AMAZING! I am so excited to share this book with the world in a few months...

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Ilan Wurman

@ilan_wurman

25 days

New professional photo @UofMNLawSchool .

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Ilan Wurman

@ilan_wurman

6 months

My new paper is ready, and I'm tired waiting for an acceptance, so here it is on @SSRN . The paper once and for all solves the question of presidential power. All right that's an exaggeration...but I think it's probably an important intervention.

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Ilan Wurman

@ilan_wurman

3 years

MAJOR UPDATE The Arizona Supreme Court has just dismissed the bar owners' appeal as moot. The Court interprets @dougducey 's recent executive order, EO 2021-05, as rescinding ALL capacity limits. I am therefore instructing my clients that they can open up 100%. 1/5

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Ilan Wurman

@ilan_wurman

2 years

I haven't been this excited and optimistic in a long time! Maybe nothing will come of this ultimately, BUT a group of progressive, conservative, & libertarian law profs & scholars just sat together for a two-day mini const'l convention under the auspices of @ConstitutionCtr . 1/

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Ilan Wurman

@ilan_wurman

1 year

That's because a failure to service a debt is not the same thing as questioning its validity. A right can still be a right even if there's no effective remedy, and a debt can still be valid even if a creditor can't collect. So really unclear what Biden is thinking here.... 3/3

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Ilan Wurman

@ilan_wurman

4 years

🤭 “The discussion involves the low number of coronavirus cases emerging from bars and restaurants and how to handle that. And most disturbingly, how to keep it from the public.”

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Ilan Wurman

@ilan_wurman

2 years

I just learned that *another* classmate from my 1L small section @StanfordLaw has become a law prof. That makes 4 out of like 20 some students in the section. Here is what the other three are up to and why they're awesome. Humbled to be part of this group!: 1/4

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Ilan Wurman

@ilan_wurman

2 months

Whelp, probably bad timing to get my second edition admin law casebook draft in two months ago.

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@ilan_wurman

2 months

That is only plausibly an official act because of the Obama OLC memo that said President has power as CIC to use the military without congressional approval, as long doing so was the in national interest and not “war.” Some formalists have always doubted such a power exists.

Steve Vladeck

@steve_vladeck

2 months

The majority opinion in Trump says that (1) official acts can't be evidence; and (2) motive is irrelevant. If that's the case, how could a president ever actually *be* prosecuted for ordering the military, in his capacity as commander in chief, to kill his chief political rival?

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Ilan Wurman

@ilan_wurman

5 years

My con law students gave me a Valentine 😍. Backstory: I tell them it’s ok to change their minds, that I changed my view of executive power this summer, and that “I flirted with functionalism in my youth (2017) but changed my mind 6 months later.” My students are amazing!

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Ilan Wurman

@ilan_wurman

10 months

The New York Times reported this weekend on our successful lawsuit and the final cleanup of the "Zone," the former massive open-air public homeless encampment in Phoenix.

Phoenix Encampment Is Gone, but the City’s Homeless Crisis Persists

The city was under a court order to dismantle “the Zone,” a sprawling downtown homeless encampment, by Saturday.

www.nytimes.com

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Ilan Wurman

@ilan_wurman

4 years

Just read my student evals, and this may be the best one I've ever gotten: Prof Wurman "puts the fun in functionalism and the OG in originalism." I admit I had to ask my s/o what "OG" meant... My students are the best. I'm so lucky to have this job.🤩

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Ilan Wurman

@ilan_wurman

2 years

As an originalist constitutional law professor, I don’t understand these claims of inherent authority. The executive power is the power to execute law. If a law of congress prohibits doing x, y, or z with certain documents, the President has to comply.

Mark R. Levin

@marklevinshow

2 years

2. He is free to do as he wishes with these documents, including deciding as president to remove them as he leaves office. I suspect former presidents have done so. Unless and until a subpoena is issued to search Obama’s various estates, we won’t know.

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Ilan Wurman

@ilan_wurman

1 year

Congress has many other ways to pay off existing debt. It could sell public lands, for example, or reduce spending. But even if Congress had no other options for servicing its existing debt, the Fourteenth Amendment argument still doesn't work. 2/3

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Ilan Wurman

@ilan_wurman

3 years

Apparently @ASU decided I was kinda sorta on my way to getting prominent enough to warrant a photo shoot today. Which should I use as my new profile pic? Photos taken @ASUCollegeOfLaw at the Beus Center for Law and Society (where I am lucky to have been teaching for three years).

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Ilan Wurman

@ilan_wurman

2 years

I have finally accepted that my 140-page paper is really two papers.

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Ilan Wurman

@ilan_wurman

4 years

Slowly but surely our lawsuit is making progress. Liquor Dept now sending emails noting that guidelines also apply to series 12s. And judge said in TRO ruling that Gov Ducey likely exceeded authority in giving off-sale privilege to restaurants. Still lots to do. More TK!

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Ilan Wurman

@ilan_wurman

2 years

I've seen enough: After 134 pages, 700 footnotes, and 58,000 words, I've concluded that the conventional wisdom about incorporation of the Bill of Rights is seriously overstated, and possibly even mistaken. This is a first draft. Would love for others to gut check me and review.

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Ilan Wurman

@ilan_wurman

3 years

So whatever originalism might have to say about Roe, Brown and Loving are not and never will be on the chopping block. Btw for more on the original meaning of the Fourteenth Amendment, check out my short book! 5/5

The Second Founding

In The Second Founding: An Introduction to the Fourteenth Amendment, Ilan Wurman provides an illuminating introduction to the original meaning of the Fourteenth Amendment's famous provisions 'due...

www.amazon.com

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Ilan Wurman

@ilan_wurman

4 years

The author says that Chief Justice Marshall believed in living constitutionalism because he said in McCulloch that the Constitution was "intended...to be adapted to the various crises of human affairs." This is a common misinterpretation. A thread! 1/7

Originalism Is Dead. Long Live Catholic Natural Law.

On the “postliberal” future of the federal courts

newrepublic.com

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Ilan Wurman

@ilan_wurman

7 years

Ever wanted an intro to #originalism & the #founders ? This book is for you, and it's now available! via @amazon

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Ilan Wurman

@ilan_wurman

4 years

Pop quiz: Is this a series 6 “bar” or a series 12 “restaurant”? Can you tell the difference? See the “bar” in the photo? This photo was taken tonight. @AZDHS @dougducey 1/3

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Ilan Wurman

@ilan_wurman

3 years

I am excited to announce my new case book, Administrative Law Theory and Fundamentals: An Integrated Approach, is coming out in May, in time for Fall courses. I am attaching the ToC in this thread. The book had to be approved by the Foundation Press ( @WestAcademic ) Board. 1/

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Ilan Wurman

@ilan_wurman

10 months

This paper, “Reversing Incorporation,” was many years in the making. I’m so thrilled it’s finally out after the tremendous efforts of the editors @NotreDameLRev .

Nᴏᴛʀᴇ Dᴀᴍᴇ L. Rᴇᴠ. (Notre Dame Law Review)

@NotreDameLRev

10 months

In “Reversing Incorporation,” @Ilan_Wurman argues against the idea that the Privileges or Immunities Cl. incorporates the Bill of Rights, because history shows the literature conflates the rights the first 8 amendments secure with the amends. themselves.

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Ilan Wurman

@ilan_wurman

4 years

Originalism isn’t a “facade” for politically conservative results. Vermeule is not originalist, so his @TheAtlantic essay isn’t representative of originalists. Here’s a short primer on the connection between originalism and conservatism. Three quick points in three tweets.

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Ilan Wurman

@ilan_wurman

2 months

Jarkesy is rightly decided. But it need not doom administrative adjudication. Congress can make ALJs in such cases submit reports & recommendations to be reviewed de novo by federal district courts, as it does with magistrate & bankruptcy judges. I wrote about this @StanLRev . 1/3

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Ilan Wurman

@ilan_wurman

3 years

Curtis demonstrated that free blacks were citizens of five states before the adoption of the Constitution. The Constitution therefore took them as it found them, because nothing in the Constitution strips their citizenship, nor does Congress have an enumerated power to do so. 3/6

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Ilan Wurman

@ilan_wurman

2 months

The question is which unlawful acts (seizing the steel mills, forgiving student loans) are nevertheless official acts subject to presumptive immunity. That’s the relevant inquiry when we’re outside the core/preclusive powers that get absolute immunity. 2/2

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Ilan Wurman

@ilan_wurman

4 years

I deposed Dr. Cara Christ and the liquor director yesterday for our case. Both are very nice and well meaning. But the preliminary injunction hearing next week should be interesting. More to come....

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Ilan Wurman

@ilan_wurman

6 years

I am super excited for my first crop of students ever next week, who were crazy enough to sign up for an 8:30 AM administrative law class. If I make them half as excited as I am, I think it’ll have been a success!

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Ilan Wurman

@ilan_wurman

3 years

In Portland for a workshop with some political scientists and look what I find on the shelves of Powell’s Books @Powells . Go @CBHessick .

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Ilan Wurman

@ilan_wurman

8 months

Excited to teach a seminar on presidential power for the first time this term. (Still a few spots left for this 8AM course!) Here is the syllabus. Particularly excited to rely on old and cutting edge scholarship. Still open to revision and suggestions! (remainder in next tweet)

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Ilan Wurman

@ilan_wurman

2 years

My biggest complaint is that most of these issues didn’t need to be decided. The court could have said this is a case falling within Article III judicial power, so you get a real court. Everything else would have followed from that. (Not sure the parties made the argument.) /end

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