FEDERALISM TRIUMPHS in Danforth v. Minnesota. So why is Chief Justice Roberts dissenting? He wants the Supreme Court to keep a tight grip on constitutional lawsaying. But there are 7 votes for letting states make their own law about the retroactive application of new rules of constitutional law at the post-conviction stage, and I think they get it right, in what I think may be the most interesting Federal Courts case I’ve seen in 20+ years of teaching the subject.
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