Law professor Randy Barnett, writing in the Opinion Journal, wonders whether the Supreme Court’s new federalism — which he describes as “the revival of the ideas that judiciary should protect the role of the states within the federal system and enforce the textual limits on the powers of Congress” — will “survive the Roberts court.” Actually, it’s questionable whether the new federalism made it to the end of the Rehnquist court, as Barnett acknowledges. So even if President Bush is able to replace both Rehnquist and O’Connnor (the other leading proponent of the new federalism) with like-minded federalists, it’s not clear how much use the Court will have for such federalism. For his part, Roberts seems attentive to concerns over federalism, if his opinion in the “toad” case, Rancho Viejo v. Norton, is a fair indicator.
Via Real Clear Politics.
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