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States' Rights Momentum on Court May Be Waning ; Justice O'Connor Played Key Role in Two Cases That Suggest Limits to the Federalism Revolution

By: Warren Richey writer of The Christian Science Monitor | The Christian Science Monitor, May 19, 2004 | Article details

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States' Rights Momentum on Court May Be Waning ; Justice O'Connor Played Key Role in Two Cases That Suggest Limits to the Federalism Revolution


Warren Richey writer of The Christian Science Monitor, The Christian Science Monitor


Only a few years ago the US Supreme Court seemed bound and determined to recast the balance of federal and state power by sharply limiting the ability of Congress to infringe on the sovereign authority of the states.

For the first time since the New Deal, a majority of justices were taking a consistent, restrictive view of congressional legislation whenever it infringed on state's rights.

But a funny thing happened on the way to the high court's federalism revolution - it appears to have hit a speed bump named Sandra Day O'Connor. For the second time in two years, Justice O'Connor has cast a critical swing vote in a major case involving the balance of power …

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