The Corner

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Finishing Up Two Threads, Starting Another


Re Citibank, Jonah: Then the question is whether Citigroup is actually buying any good will; that’s what I doubt.

Re marijuana: Thanks, Prof. Barnett, for your post, which adds to Adler’s already helpful description of the Court’s current jurisprudence. My point concerned what the Court’s jurisprudence should be, so there’s no disagreement here (nor do Adler or Barnett suggest that there is one).

Now to Jonah’s column on liberal enthusiasm for federalism: I don’t think liberals are, in fact, rediscovering the virtues of federalism. It’s not as though they want states to be able to make their own policies on abortion or school prayer. The sort of “federalism” they want maintains all past liberal gains in imposing their preferred policies via the federal courts, while empowering litigation-happy state governments (or litigation-happy bits of state governments) to set national policies. Neither part of this mix is federalism. It’s just liberals using power where they can wield it, which is an old story.