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PSN: Trend defending state authority emerges July 20, 2009 by Nathan Newman Progressive States Network
Whether out of circumstance or an emerging trend, where state authority was at issue, this term the U.S. Supreme Court overwhelmingly deferred to state decisionmakers-- a significant reveral from last year. There were major exceptions -- the Ricci decision preempting the affirmative action decision by the City of New Haven being the most prominent -- but the results in favor of state authority overall were relatively broadbased. In the context of President Obama's recent endorsement of less preemption of state laws by federal regulators, we may be seeing a more general reversal of trends that had increasingly undermined state authority. Still, any trend on this Court is provisional since it continued its politicization and divisions, ruling on 79 cases where 23 of which were split 5-4.
For the rest of this article, see http://www.progressivestates.org/node/23295 Areas of Focus:Democratic Federalism, Home Rule vs. Preemption (Local Democracy), Law of DemocracyTags:User CommentsNo Comments.Please login at the top of the page or register as a Democracy Square member if you would like to comment. |
