Megalomaniac justices

[Frank Cross]

Well, the justices aren't advancing the Gingrich revolution.  They are not
vetoing "old consciousness" laws.  All they are doing is saying there is no
private right of action  for damages against a state (this may lead to
other cutbacks in the law but it hasn't yet). They emphasize that there is
still federal enforcement plus an Ex Parte Young action.  The significant
thing here is not the impact on policy but the justices' hatred for
congressional constitutional interpretation.  That's what seems
megalomaniacal to me.
Frank Cross
Herbert D. Kelleher Centennial Professor of Business Law
CBA 5.202
University of Texas at Austin
Austin, TX 78712