The Consistency of the U.S. Supreme Court's “Pro-State” Bloc

Bill Swinford and Eric N. Waltenburg

Publius: The Journal of Federalism, vol. 28, issue 2, 25-42

Abstract: This article examines the bloc of U.S. Supreme Court justices that produced the “pro-state” decisions in United States v. Lopez, Seminole Tribe of Florida v. Florida, and Printz v. United States. We are concerned primarily with the bloc's coherence and consistency across other cases of interest to state governments over the 1994-1996 terms. The labeling of individual justices and the Court in general as “pro-state” depends in part on the cases subjected to analysis; the greater the inclusiveness of the list of “cases of interest to the states, ” the more the bloc seems to fray and the less coherent the Court's direction. Copyright , Oxford University Press.

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