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Publius: The Journal of Federalism Advance Access originally published online on April 24, 2008
Publius: The Journal of Federalism 2008 38(3):576-600; doi:10.1093/publius/pjn011
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© The Author 2008. Published by Oxford University Press on behalf of CSF Associates: Publius, Inc. All rights reserved. For permissions, please email: journals.permissions@oxfordjournals.org.

Chief Justice Roberts, Justice Alito, and New Federalism Jurisprudence

Christopher Banks* and John Blakeman{dagger}
*Kent State University; E-mail: cbanks6{at}kent.edu
{dagger}University of Wisconsin-Stevens Point; E-mail: john.blakeman{at}uwsp.edu

The Rehnquist Court returned power back to the states in rulings that scholars have dubbed "New Federalism." The appointments of Chief Justice Roberts and Justice Alito invite speculation about the future direction of federalism cases in the Supreme Court. A survey of the Roberts Court's federalism rulings discovers that the ideological pathways of new federalism depend upon Justice Kennedy's swing vote and the effects the new appointments have on shaping voting coalitions in light of the vacancies they have filled. Although there is a reconfigured "States’ Rights Five" voting coalition, neither Roberts nor Alito endorses rigid viewpoints about federalism and it remains uncertain if the Court will return to the type of aggressive new federalism which arguably defined the legacy of the Rehnquist Court.


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