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The Judiciary's Federalist Revival

The Judiciary's Federalist Revival
Nov 17, 2023 · 1h 29m 48s

In recent years, the U.S. Supreme Court has emphasized the federalist nature of our national Constitution and the importance of preserving state sovereignty. This trend is evident in several of...

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In recent years, the U.S. Supreme Court has emphasized the federalist nature of our national Constitution and the importance of preserving state sovereignty. This trend is evident in several of the Court's decisions – Dobbs most notable among them – that have recognized and reinforced the authority of individual states in matters of health, safety, and morals. As a result of this return to federalism, some of the nation’s most interesting and groundbreaking legal work is being done at the state level. In particular, state constitutional and statutory provisions that used to be subsumed by federal law or judicial precedent – restrictions on abortion, requirements for post-conviction review, grants for religious schooling, and so on – now matter in their own right. On this panel, several state supreme court justices will discuss what the ascendance of federalism means for their states and state courts, as well as how this shift will impact the teaching and practice of law across the nation.
Featuring:

Hon. Rebecca Bradley, Wisconsin Supreme Court
Hon. David N. Wecht, Pennsylvania Supreme Court
Hon. Evan A. Young, Supreme Court of Texas
Moderator: Hon. Carlos T. Bea, United States Court of Appeals, Ninth Circuit
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Author The Federalist Society
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