New England Law Review, Vol. 43, p. 771, 2009
30 Pages Posted: 11 Jan 2012
Date Written: January 10, 2012
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.
Keywords: State autonomy, federalism issues, States authority, Judicial restraint
JEL Classification: K10, K33
Suggested Citation: Suggested Citation
Miller, Russell, In a Dissenting Voice: Justice Ginsburg's Federalism (January 10, 2012). New England Law Review, Vol. 43, p. 771, 2009; Washington & Lee Legal Studies Paper No. 2011-36. Available at SSRN: https://ssrn.com/abstract=1982632