2.23.2011

10th Amendment on Trial

The opinion in this case will be one to watch for in coming months:

That triggered a response from Justice Anthony Kennedy. "The whole point of separation of powers, the whole point of federalism, is that it inheres to the individual and his or her right to liberty," he said. "If that is infringed by a criminal conviction or in any other way that causes specific injury, why can't it be raised?"