Historian writing about the founding of Paterson, N.J. and the Passaic River. Brennan Center fellow studying state constitutions. Jersey guy, got a scar at Action Park. StateConstitutionsLab.org
Arthur Burgess Murphy, often known as Brian Murphy, was an Irish scholar of Russian literature and Professor Emeritus of the University of Ulster.
Reposted by Brian Murphy
![C. AB 5207 directly regulates the federal government
by banning contracts that only the federal government can make
Applying the functional approach that intergovernmental
immunity demands, this law directly regulates the federal government. True, its text does not apply to the federal government. But we can easily see the law for what it really is: a regulation “laid upon the contract of the government.” Dravo
Contracting, 302 U.S. at 149. The law prevents the federal
government from choosing how and through whom it will
carry out a core federal function. It does so by banning private
parties from selling immigration detention when “the only
entity in the business, so to speak, of [buying private] immigration det[ention] is the federal government.” United States v.
King County, 122 F.4th 740, 757 (9th Cir. 2024) (striking down
a ban on deportation flights as violating both prongs of intergovernmental immunity). Only the federal government has the
power to decide whether, how, and why to hold aliens for](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:24vva42nxim6zbcmnozegoef/bafkreifvbaikhn6urfox6c2bcvgvuhkwj6huh74f6poqxfptphiwttgboe@jpeg)
Reposted by Brian Murphy
