Abstract

The Rehnquist Court's “federalism revolution” has provoked an increase in research regarding an apparent change in the pattern of Court decisions. While previous literature has discussed the ideological motivations of these decisions, this article conceptualizes attitudes toward federalism cases as having two dimensions: preferences regarding the structural division of government authority and preferences for different policy outcomes. This article provides a comprehensive analysis of individual justice votes in federalism cases from 1953 through 2007. While controlling for other institutional and legal factors that may influence decision making, the results show that individual ideology influences federalism voting in two ways: 1) conservative justices are generally more likely to vote in favor of states' rights, and 2) the size of this difference varies greatly depending on whether a states' right vote leads to a more or less liberal policy outcome.

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