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Federalism and the Roberts Court

Publius: The Journal of Federalism, V. 46, 2016 (Symposium on Federalism Under Obama)

George Mason Legal Studies Research Paper No. LS 16-34

23 Pages Posted: 30 Nov 2016 Last revised: 15 Jul 2017

Ilya Somin

George Mason University - Antonin Scalia Law School, Faculty

Date Written: November 28, 2016

Abstract

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

Somin, Ilya, Federalism and the Roberts Court (November 28, 2016). Publius: The Journal of Federalism, V. 46, 2016 (Symposium on Federalism Under Obama); George Mason Legal Studies Research Paper No. LS 16-34. Available at SSRN: https://ssrn.com/abstract=2876696 or http://dx.doi.org/10.2139/ssrn.2876696

Ilya Somin (Contact Author)

George Mason University - Antonin Scalia Law School, Faculty ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States
703-993-8069 (Phone)
703-993-8124 (Fax)

HOME PAGE: http://sls.gmu.edu/ilya-somin/

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