“structural principles” jurisprudence that emphasizes the accountability-forcing functions of federalism and the separation of powers. By this account, prudential jurisdiction is problematic because it gives one branch (and one branch only) a special “pass” when it comes to the Constitution’s ...
public schools, driving, guns, and gambling. Federalism allows for a variety of laws that is more consonant with the diversity of local opinion and local needs than can be found in large non-federal states.
Almost a year since the landmark Supreme Court ruling that allowed states to ban abortion, confusion and fear reign as clinicians confront the risks of criminal charges amid evolving rules and uneven enforcement of laws that sometimes contradict each other....