Posted by Orin Kerr:
Federalism Revolution?:
Adam Cohen suggests in [1]The New York Times that the Supreme Court
may be on its way to declaring the New Deal unconstitutional. If you
think this is likely, I have a game for you: name the last Supreme
Court opinion that ruled in favor of the states or limited federal
power in a case that had clear federalism overtones.
If I'm not mistaken, it's been quite a while. The most recent
federalism cases decided by the Court are [2]Sabri v. United States,
[3]Tennesee v. Lane, [4]Alaska v. EPA, and [5]Frew v. Hawkins. The
federal government's side won all of these cases; Frew and Sabri were
9-0. If the Supreme Court is on its way to undoing the New Deal, the
Justices must relish the element of surprise.
References
1. http://www.nytimes.com/2004/12/14/opinion/14tue4.html?oref=login
2.
http://a257.g.akamaitech.net/7/257/2422/14june20041230/www.supremecourtus.gov/opinions/03pdf/02-1809.pdf
3.
http://a257.g.akamaitech.net/7/257/2422/17may20041215/www.supremecourtus.gov/opinions/03pdf/02-1667.pdf
4. http://www.supremecourtus.gov/opinions/03pdf/02-658.pdf
5. http://www.supremecourtus.gov/opinions/03pdf/02-628.pdf
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