Roberts, Alito, and Federalism

So far, it's hard to tell how far New Judicial Federalism will go with Roberts and Alito on the SCOTUS. Me thinks in the right-leaning direction, but as with all things, it will often come down to the swing vote, which is Kennedy.

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.

Banks and Blakeman abstract.