>>> nathan at newman.org 05/14/01 02:56PM >>>
The problem is that the Court rightwing is flagrantly political in picking and choosing which level of government to hold as dominating. They strike down state laws like the Burma law and medical marijuana in the name of federal power, then strike down federal laws like the ADA and Violence Against Women Act in the name of state power. The liberal wing is at least has a consistent legal philosophy in upholding federal law consistently, but like in Bush v. Gore, the conservatives on the Court have zero principles, just using various inconsistent federalism arguments to strike down the state and federal laws they don't like as political ideology takes them.
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CB: You noticed that, huh , Nathan ? Sounds like the new Yale school of legal realism is budding. As Lawyer Lenin said, "Law is politics".