In a Dissenting Voice: Justice Ginsburg's Federalism
Washington and Lee University - School of Law
January 10, 2012
New England Law Review, Vol. 43, p. 771, 2009
Washington & Lee Legal Studies Paper No. 2011-36
This article argues that Justice Ginsburg has strongly advocated for state autonomy during her tenure on the Supreme Court. This conclusion results from a careful examination of Justice Ginsburg's dissents in cases involving federalism issues. Justice Ginsburg's nuanced, pro-states approach has two central characteristics. First, she defends states' governing autonomy and shows respect for the state agents that realize that autonomy. Second, she advocates judicial restraint in reviewing federalism issues, crediting the states as intersubjective actors engaged in the pursuit of their interests through political processes.
Number of Pages in PDF File: 30
Keywords: State autonomy, federalism issues, States authority, Judicial restraint
JEL Classification: K10, K33Accepted Paper Series
Date posted: January 11, 2012
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