The Federalism Project
Publications Events

The AEI Federalism Project conducts and sponsors original research on American federalism, with particular emphasis on federal and state business regulation, legal developments and the role of the courts, and the prospects for rehabilitating a constitutional federalism that puts states in competition for productive citizens and businesses. Through its AG Watch, the Federalism Project monitors and comments on the increasingly active role of state attorneys general.

The AEI Federalism Project disseminates its research results and opinions through frequent conferences and other public events; through the Federalism Outlook, a newsletter written by the Project’s Director, Michael S Greve; through its website; and through books and publications in scholarly journals.

Supreme Court Update

May 15, 2006

Cuno Fizzles

posted by Will Wilson @ 12:38 pm

The Court issued its much anticipated ruling in DaimlerChrysler Corp. v. Cuno. As many expected, the Cuno plaintiffs’ claim flopped because the plaintiffs had no standing to challenge Ohio’s franchise tax credit. Chief Justice Roberts wrote the opinion, to which all but Justice Ginsburg joined. Justice Ginsburg wrote a separate opinion concurring in part and in the judgment.

Chief Justice Roberts also issued an opinion for a unanimous court, ruling in favor of Mid Atlantic’s equitable relief claim in Sereboff v. Mid Atlantic Medical Services.

Finally, Justice Souter wrote for a nearly unanimous Court in S.D Warren v Maine Board of Environmental Protection. All Justices joined the opinion, but Justice Scalia did not joined as to Part III-C. The ruling held that state approval is needed for a dam, as “a dam does raise a potential for discharge.”

May 1, 2006

Rejection of Feds and States

posted by Will Wilson @ 3:27 pm

In a rare rejection of a state petitioner with a federal amicus, the Court ruled unanimously that Arkansas may not put a lien on non-medical liability awards to a Medicaid recipient. Perhaps the outcome in ARKANSAS DEPARTMENT OF HEALTH AND HUMAN SERVICES ET AL. v. AHLBORN is most noteworthy for the fact of the Court’s denial of the leagued state and federal government arguments. The Court usually accepts the argument when the two sovereigns align. Justice Stevens wrote.

Justice Alito also wrote today (in another case), which returns the Court to its full complement of nine writing members. The opinions should come in bunches from now until the end of the term. Stay tuned.