ABSTRACT

This chapter demonstrates that the essays in this text present a unique interpretative, analytical, and critical inter-disciplinary perspective that address several areas of controversial public policy. It also considers the role the Supreme Court plays in facilitating social policy change in federalism disputes. It concludes that while the Court remains an important catalyst for public policy, it is more debatable whether the States and other federalism stakeholders must rely upon it to safeguard their interests. The opportunities to shape the law through litigation are fluid and robust, even during a time of hyper-partisanship and political dysfunction at the national level.