Today in Supreme Court History: June 19, 1992

6/19/1992: New York v. U.S. decided.

Comments

[bye]

Seems to swim in the same waters as "unfunded mandates"
Can't comment on the legality but seems a complete reversal of federalism
What can Rhode Island do with radioactive waste ??

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The loose rules for this category of posts should be able to include Juneteenth. NY v. U.S. was a federalism ruling. The caption might provide some jokes about New York values.

Does the Low-Level Waste Act violate the Tenth Amendment and the "guarantee clause" of Article Four?

https://www.oyez.org/cases/1991/91-543

The Guarantee Clause issue provided some fodder for thought but it remains a political question. The opinion turned on so-called "commandeering" that is said to violate the 10th Amendment.

Justice White partially dissented along with Blackmun and Stevens. On this issue, Souter did not follow his usual opposition to conservative federalist opinions perhaps given its limited scope.

White as Breyer later did in part argued that the result was ironically counterproductive as a federalist enterprise.

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