In a Dissenting Voice: Justice Ginsburg's Federalism

New England Law Review, Vol. 43, p. 771, 2009

Washington & Lee Legal Studies Paper No. 2011-36

30 Pages Posted: 11 Jan 2012  

Russell Miller

Washington and Lee University - School of Law

Date Written: January 10, 2012

Abstract

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

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

Russell Miller (Contact Author)

Washington and Lee University - School of Law ( email )

Lexington, VA 24450
United States

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