States and the U.S. Supreme Court

• In Event: The U.S. Supreme Court in Contemporary Democratic Politics

Abstract

This paper examines the role of states in constraining the influence of the Supreme Court. Today, American politics is characterized by a notable politicization of the Supreme Court and a wave of subnational activism in response. Southern segregationists famously argued that America’s federal system was premised on the existence of states’ rights against federal government interference. However, this paper is not about these arguments on behalf of federalism. Rather, it investigates the institutions of federalism (the role of governors, state legislatures, courts, and constitutions) in checking the policymaking power of the nation’s highest court. Several important works demonstrate that the Supreme Court must be understood as an agent of governing regimes--that is, of electoral winners, but the losers do not always disappear. Over time, their short-term defeats can transform into large-scale victories. This paper argues that state-level politics has been a crucial mechanism in effecting these reversals.

Author

• Emily Zackin, Johns Hopkins University