Many say — with alarm or delight, depending on who’s talking — that a federalism revival is sweeping through constitutional law, courtesy of a narrow U.S. Supreme Court majority. Maybe so. The recent string of decisions shoring up states’ sovereign immunity certainly suggests as much. But there’s federalism, and then there’s federalism. What kind is the Rehnquist Court reviving now?
Most federalism-watchers are hoping for clues from United States v. Morrison, Nos. 99-5 and 99-29 — a commerce clause challenge to certain provisions of the Violence Against Women Act. But two wallflowers in this term’s blockbuster docket, Jones v. United States, 99-5739, and Fischer v. United States, 99-116, could provide more of an answer.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]