The Burger Court and "Our Federalism"

Our Federalism(s)

Medical marijuana, American federalism, and the Supreme Court.

federal law enforcement authorities could criminally prosecute patients for possessing marijuana prescribed by a physician in accordance with state law. 1 The Court did not overturn state medical marijuana laws but did open the door to criminal prosecution under federal drug statutes. The Court also did not foreclose future challenges to federal enforcement on other constitutional grounds (eg, ...

Has the Burger Court Dealt a Death Blow to the Presumption of Malice in Virginia?

The hostility of the burger court to mental health law reform litigation.

In recent years, many courts (and especially the federal courts) have become the focus for the pursuit of goals of major institutional reform in cases brought by advocates for prisoners, mental patients, students, and others.2 These advocates turned to the courts because the legislative and executive branches were unwilling to devote larger shares of scarce resources to improving conditions at ...

Reframing federalism--the Affordable Care Act (and broccoli) in the Supreme Court.

The U.S. Supreme Court decision to uphold most of the Affordable Care Act (ACA), including the insurance-coverage requirement, allows historic reforms in the health care system to move forward.1,2 Because the justices were split four to four on whether the ACA was constitutional, Chief Justice John Roberts was able to write the lead opinion that commanded five votes for whatever outcome he dete...