Bench Memos

Scalia and Federalism

Has Justice Scalia abandoned federalism? Professor Bainbridge, quoting John Eastman, thinks the answer might be yes. I don’t think quite so much can be read into Scalia’s dissent in the Oregon assisted-suicide case, but it may well be that Scalia is not particularly interested in curbing federal power.

Jonathan H. Adler is the Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His books include Business and the Roberts Court and Marijuana Federalism: Uncle Sam and Mary Jane.
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