Federalism and the Roberts Court
Publius: The Journal of Federalism, V. 46, 2016 (Symposium on Federalism Under Obama)
23 Pages Posted: 30 Nov 2016 Last revised: 15 Jul 2017
Date Written: November 28, 2016
The Roberts Court saw a number of important advances for judicial enforcement of federalism-based limits on congressional power, both in high-profile cases such as NFIB v. Sebelius, and lesser known ones. The extent of these gains is greater than many observers recognize. Much of this progress fits the conventional model of federalism as a left-right ideological issue on the Court, dividing liberal Democrats from conservative Republicans. But some noteworthy developments depart from this framework, and suggest a greater degree of openness to federalism among the liberal justices, and perhaps others on the left.
Keywords: Supreme Court, federalism, John Roberts, judicial review, Stephen Breyer, NFIB v. Sebelius, Shelby County v. Holder, Bond v. United States
JEL Classification: K10, K30
Suggested Citation: Suggested Citation