Comment by nradov
19 hours ago
Yes, regardless of that specific case I'm hoping to see a series of Supreme Court decisions that will eviscerate federal government power over internal state affairs and restore the original intent of the 10th Amendment. Long live federalism.
It will be an interesting next decade or two on this topic. The federal government increased its power in part to coerce States to end Jim Crow, to broaden personal liberty (like with Roe v. Wade), establish a social safety net, and set minimum environmental protection standards. If we keep seeing federal power being used to compel a reduction in liberalism among the States, the sides supporting "state rights" seem likely to switch.
Adding to that, if the supreme court continues to make realistic federal administration harder by tearing down executive rule making authority and requiring more explicit Congressional rule making (which can't scale in our current system), we'll continue to see less stable and predictable federal regulatory actions - which might further compel the states to step in...
But where will States raise the taxes to make this happen? While the federal government seems willing to do less (in terms of classic liberalism policies), it certainly isn't reducing its spending.
And how will States defend themselves from federal intrusion if they do start to claim more of their power - will we see armed stand-offs between national and state forces?
We’ve already seen states try and regulate outside their borders; TX with abortion as one example. How does a weaker federal government protect against this, or do you believe it should not? And how does this not devolve into 50 fiefdoms?