>What case held what you wrote below?
> Justin Schwartz <jkschw at hotmail.com> wrote:
>
>No, it'sdangerous because the states should not be constitutionally free to
>discriminate on the basis of age
>or pay substandard wages,
+This is a mistake, I misremembered the holding of Garcia.
You also seemed to forget that your "liberal" Chief Justice Warren Burger dissented in support of states rights to pay substandard wages in Garcia, just as he had joined the majority in National League of Cities (with Blackmun before he changed his mind) that revived the whole Tenth Amendment constitutional law idea of exempting states from federal laws.
Given how dangerous you agree this doctrine is, how can you describe Burger as "more liberal" than Ginsberg and Breyer who have firmly rejected this whole "states rights" line of judicial activism?
-- Nathan Newman