Philip Hackney

@eotaxprof.bsky.social

TaxProf, nonprofits, dark money, democracy, art law, fmr IRS Chief Counsel attorney, public policy, Pitt Law; see my research at https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2057780.

My OpEd in The Hill today on new IRS regs and private schools. thehill.com/opinion/civi... The deeper problem is not the impact on private schools. It is what the IRS claims the executive branch can do to any private institution the administration opposes. The IRS asserts the power to

The IRS’s cruel new proposal weaponizes civil lights law against itself

It is a power grab that should alarm everyone, regardless of where you stand on affirmative action.

thehill.com

My OpEd in The Hill today on new IRS regs and private schools. thehill.com/opinion/civi... The deeper problem is not the impact on private schools. It is what the IRS claims the executive branch can do to any private institution the administration opposes. The IRS asserts the power to

The IRS’s cruel new proposal weaponizes civil lights law against itself

It is a power grab that should alarm everyone, regardless of where you stand on affirmative action.

thehill.com

Today is officially launch day! The House That Family Money Built is out. 📚 🚀 🎉 To those who read drafts, listened to me talk about dynasty trusts for years without visible distress, helped me refine my thoughts with good questions. Thank you, truly. Good reviews from first reader. 👇🏻🐈‍⬛🥳

cat with book

Trump's covert surveillance of anti-ICE protesters is much worse than we thought. I dug into this and found that DHS agents secretly spied on over a dozen meetings of left-leaning groups, all protected by First Amendment. The details are unnerving. 1/ (new piece) newrepublic.com/article/2144...

Trump’s Secret Police Spying on Americans? It’s Darker than We Knew.

Court papers reveal that the Department of Homeland Security’s covert surveillance of anti-ICE groups is much darker than it first appeared. Welcome to Donald Trump’s America.

newrepublic.com

Sex trafficking investigations stalled and prosecutions declined in the past six months because of staffing shortages, funding cuts and immigration enforcement, according to Reuters interviews with 25 former prosecutors, current agents and victims' advocates. Read the special report reut.rs/4fWSJ1k

Bild

BREAKING: The Supreme Court rules 6-3 in favor of the Trump admin on Temporary Protected Status, blocking the lawsuit on jurisdictional grounds, allowing DHS to strip over 350,000 people of legal status even though they utterly failed to follow the required legal procedures.

MULLIN v. DOE
Syllabus
that the termination of Haiti’s TPS designation violated the constitutional right to equal protection because it was motivated by race. The
District Court granted interim relief, and a divided D. C. Circuit panel
declined to issue a stay. The Government sought a stay and a writ of
certiorari before judgment in both cases. This Court granted review,
consolidated the cases, and deferred ruling on the stay applications.
Held:
1. The TPS statute bars judicial review of non-constitutional claims.
Pp. 12–18.
(a) Section 1254a(b)(5)(A) provides that “[t]here is no judicial review
of any determination of the [Secretary of Homeland Security] with respect to the designation, or termination or extension of a designation,
of a foreign state.” The term “determination” may mean either an individual decision or the process leading to a decision. Under either
understanding, §1254a(b)(5)(A) bars all of respondents’ non-constitutional claims. Further, the phrase “with respect to” “generally has a
broadening effect, ensuring that the scope of a provision covers not
only its subject but also matters relating to that subject.” Patel v. Garland, 596 U. S. 328, 339 (internal quotation marks omitted). Pp. 12–
13.

The sentencing here is so absurd, it's a miscarriage of justice. A guy who wasn't present or involved got 30 years for moving a box of zines. The two people who helped plan January 6th, Enrique Tarrio and Stewart Rhodes got 22 years and 18 years for seditious conspiracy, respectively.

Luke Baumgartner@lbaum94.bsky.social · 4mo ago

The average sentence for providing material support to ISIS is a little over 13 years. The Prairieland defendants got between two and nearly eight times that. So, again, the government is saying that the crimes of “antifa” are somehow two to eight times worse than those supporting an FTO.

this is the closest I've ever come to actually suggesting a "one neat trick" suggestion for anything, but I'm so serious here. the Virginia Constitution gives the legislature the power to set retirement ages for judges "REGARDLESS OF THE TERM TO WHICH ELECTED OR APPOINTED." make it 54 right now.

How Virginia Democrats can overturn the redistricting ruling: Retire the Supreme Court

The state Constitution gives lawmakers complete latitude to set the judicial retirement age. They should use it.

the-downballot.com

Though art can serve genuine democratic purposes by developing the reflective and communicative capacities citizens need for self-governance, that case requires art policy to be determined through inclusive democratic deliberation rather than wealthy donor preferences. 7/x

Trump was warned this would happen. He did it anyway. Now, over 10,000 Veterans lost their homes. 90,000 more are on track for foreclosure. On top of cutting jobs, slashing benefits and throwing our heroes into an unnecessary war. The most anti-Veteran President in history.

NPR: Trump's VA killed a home loan program. Vets are now losing their homes because of it

Immigrants weren’t just filling existing jobs; they were helping create them. That’s Econ 101: jobs are not a fixed pie. More people means more customers, more demand, more businesses expanding, and yes, more hiring.