The Role of Circuit Courts in the Formation of United States Law in the Early Republic: Following Supreme Court Justices Washington, Livingston, Story, and Thompson. By David Lynch. [Portland, OR: Hart Publishing, 2018. xxi + 233 pp. Hardback £70.00. ISBN 978-15-09910-85-4.]

2019 ◽  
Vol 78 (1) ◽  
pp. 236-239
Author(s):  
D. P. Waddilove
2002 ◽  
Vol 31 (3) ◽  
pp. 263-274 ◽  
Author(s):  
Stephen Allred

This article reviews three recent decisions of the United States Supreme Court in which employees of state governments have been barred from suing their employers for alleged violations of federal employment statutes. It offers a brief review of the role of the 11th Amendment and an examination of the Court's recent rulings in employment and non-employment cases. Finally, some observations on the significance of the new direction in which the Court is heading are offered.


Significance A new justice has the potential to change the tenor of the Supreme Court's rulings significantly for many years to come, on issues including the scope of federal regulation, campaign finance and the federal government's powers. Scalia was a vocal political and judicial conservative, and the upcoming political fight to appoint his successor will reflect the broader conservative-progressive debate about civil liberties, the scope of the Constitution and the role of government in society. Impacts The Obama administration is likely to see many of its administrative actions upheld, at least until his term ends next January. An open Supreme Court seat may boost turnout by conservative Republican voters worried about a moderate or liberal appointment. Appointment politics and numerous federal vacancies are likely to persist as a feature of divided government in the United States.


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